II

107TH CONGRESS

1ST SESSION S. 1139

To direct the Secretary of Agriculture to convey certain land to Lander

County, Nevada, and the Secretary of the Interior to convey certain

land to Eureka County, Nevada, for continued use as cemeteries.

IN THE SENATE OF THE UNITED STATES

JUNE 29, 2001

Mr. REID introduced the following bill; which was read twice and referred to

the Committee on Energy and Natural Resources

A BILL

To direct the Secretary of Agriculture to convey certain

land to Lander County, Nevada, and the Secretary of

the Interior to convey certain land to Eureka County,

Nevada, for continued use as cemeteries.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA.

4 (a) FINDINGS.—Congress finds that—

5 (1) the historical use by settlers and travelers

6 since the late 1800’s of the cemetery known as

7 ‘‘Kingston Cemetery’’ in Kingston, Nevada, predates
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1 incorporation of the land within the jurisdiction of

2 the Forest Service on which the cemetery is situated;

3 (2) it is appropriate that that use be continued

4 through local public ownership of the parcel rather

5 than through the permitting process of the Federal

6 agency;

7 (3) in accordance with Public Law 85–569

8 (commonly known as the ‘‘Townsite Act’’) (16

9 U.S.C. 478a), the Forest Service has conveyed to

10 the Town of Kingston 1.25 acres of the land on

11 which historic gravesites have been identified; and

12 (4) to ensure that all areas that may have un13 marked gravesites are included, and to ensure the

14 availability of adequate gravesite space in future

15 years, an additional parcel consisting of approxi16 mately 8.75 acres should be conveyed to the county

17 so as to include the total amount of the acreage in18 cluded in the original permit issued by the Forest

19 Service for the cemetery.

20 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

21 Subject to valid existing rights and the condition stated

22 in subsection (e), the Secretary of Agriculture, acting

23 through the Chief of the Forest Service (referred to in

24 this section as the ‘‘Secretary’’), as soon as practicable

25 after the date of enactment of this Act, shall convey to
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1 Lander County, Nevada (referred to in this section as the

2 ‘‘county’’), for no consideration, all right, title, and inter3 est of the United States in and to the parcel of land de4 scribed in subsection (c).

5 (c) DESCRIPTION OF LAND.—The parcel of land re6 ferred to in subsection (b) is the parcel of National Forest

7 System land (including any improvements on the land)

8 known as ‘‘Kingston Cemetery’’, consisting of approxi9 mately 10 acres and more particularly described as SW1/

10 4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Dia11 blo Meridian.

12 (d) EASEMENT.—At the time of the conveyance

13 under subsection (b), subject to subsection (e)(2), the Sec14 retary shall grant the county an easement allowing access

15 for persons desiring to visit the cemetery and other ceme16 tery purposes over Forest Development Road #20307B,

17 notwithstanding any future closing of the road for other

18 use.

19 (e) CONDITION ON USE OF LAND.—

20 (1) IN GENERAL.—The county (including its

21 successors) shall continue the use of the parcel con22 veyed under subsection (b) as a cemetery.

23 (2) TERMINATION AND REVERSION.—If the

24 Secretary, after notice to the county and an oppor25 tunity for a hearing, makes a finding that the coun-
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1 ty has used or permitted the use of the parcel for

2 any purpose other than the purpose specified in

3 paragraph (1), and the county fails to discontinue

4 that use—

5 (A) title to the parcel in the county shall

6 terminate;

7 (B) title to the parcel shall revert to the

8 Secretary; and

9 (C) the easement granted to the county

10 under subsection (d) shall be revoked.

11 SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.

12 (a) FINDINGS.—Congress finds that—

13 (1) the historical use by settlers and travelers

14 since the late 1800’s of the cemetery known as

15 ‘‘Maiden’s Grave Cemetery’’ in Beowawe, Nevada,

16 predates incorporation of the land within the juris17 diction of the Bureau of Land Management on

18 which the cemetery is situated; and

19 (2) it is appropriate that that use be continued

20 through local public ownership of the parcel rather

21 than through the permitting process of the Federal

22 agency.

23 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

24 Subject to valid existing rights and the condition stated

25 in subsection (e), the Secretary of the Interior, acting
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1 through the Director of the Bureau of Land Management

2 (referred to in this section as the ‘‘Secretary’’), as soon

3 as practicable after the date of enactment of this Act, shall

4 convey to Eureka County, Nevada (referred to in this sec5 tion as the ‘‘county’’), for no consideration, all right, title,

6 and interest of the United States in and to the parcel of

7 land described in subsection (c).

8 (c) DESCRIPTION OF LAND.—The parcel of land re9 ferred to in subsection (b) is the parcel of public land (in10 cluding any improvements on the land) known as ‘‘Maid11 en’s Grave Cemetery’’, consisting of approximately 10

12 acres and more particularly described as S1/2NE1/4SW1/

13 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N.,

14 R.49E., Mount Diablo Meridian.

15 (d) EASEMENT.—At the time of the conveyance

16 under subsection (b), subject to subsection (e)(2), the Sec17 retary shall grant the county an easement allowing access

18 for persons desiring to visit the cemetery and other ceme19 tery purposes over an appropriate access route.

20 (e) CONDITION ON USE OF LAND.—

21 (1) IN GENERAL.—The county (including its

22 successors) shall continue the use of the parcel con23 veyed under subsection (b) as a cemetery.

24 (2) TERMINATION AND REVERSION.—If the

25 Secretary, after notice to the county and an oppor-
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1 tunity for a hearing, makes a finding that the coun2 ty has used or permitted the use of the parcel for

3 any purpose other than the purpose specified in

4 paragraph (1), and the county fails to discontinue

5 that use—

6 (A) title to the parcel in the county shall

7 terminate;

8 (B) title to the parcel shall revert to the

9 Secretary; and

10 (C) the easement granted to the county

11 under subsection (d) shall be revoked.

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