109TH CONGRESS

1ST SESSION H. R. 541

AN ACT

To direct the Secretary of Agriculture to convey

cemeteries.to Eureka County, Nevada, for continued use asSecretary of the Interior to convey certain landcertain land to Lander County, Nevada, and the

109TH CONGRESS

1ST SESSION H. R. 541

AN ACT

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,
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1 SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA.

2 (a) FINDINGS.—Congress finds that the following:

3 (1) The historical use by settlers and travelers

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

5 ‘‘Kingston Cemetery’’ in Kingston, Nevada, predates

6 incorporation of the land within the jurisdiction of

7 the Forest Service on which the cemetery is situated.

8 (2) It is appropriate that use be continued

9 through local public ownership of the parcel rather

10 than through the permitting process of the Federal

11 agency.

12 (3) In accordance with Public Law 85–569

13 (commonly known as the ‘‘Townsite Act’’; 16 U.S.C.

14 478a), the Forest Service has conveyed to the Town

15 of Kingston 1.25 acres of the land on which historic

16 gravesites have been identified.

17 (4) To ensure that all areas that may have un18 marked gravesites are included, and to ensure the

19 availability of adequate gravesite space in future

20 years, an additional parcel consisting of approxi21 mately 8.75 acres should be conveyed to the county

22 so as to include the total amount of the acreage in23 cluded in the original permit issued by the Forest

24 Service for the cemetery.

25 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

26 Subject to valid existing rights and the condition stated
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1 in subsection (e), the Secretary of Agriculture, acting

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

3 this section as the ‘‘Secretary’’), not later than 90 days

4 after the date of enactment of this Act, shall convey to

5 Lander County, Nevada (referred to in this section as the

6 ‘‘county’’), for no consideration, all right, title, and inter7 est of the United States in and to the parcel of land de8 scribed in subsection (c).

9 (c) DESCRIPTION OF LAND.—The parcel of land re10 ferred to in subsection (b) is the parcel of National Forest

11 System land (including any improvements on the land)

12 known as ‘‘Kingston Cemetery’’, consisting of approxi13 mately 10 acres and more particularly described as SW1/

14 4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Dia15 blo Meridian.

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

17 under subsection (b), subject to subsection (e)(2), the Sec18 retary shall grant the county an easement allowing access

19 for persons desiring to visit the cemetery and other ceme20 tery purposes over Forest Development Road #20307B,

21 notwithstanding any future closing of the road for other

22 use.

23 (e) CONDITION ON USE OF LAND.—
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1 (1) IN GENERAL.—The county (including its

2 successors) shall continue the use of the parcel con3 veyed under subsection (b) as a cemetery.

4 (2) REVERSION.—If the Secretary, after notice

5 to the county and an opportunity for a hearing,

6 makes a finding that the county has used or per7 mitted the use of the parcel for any purpose other

8 than the purpose specified in paragraph (1), and the

9 county fails to discontinue that use—

10 (A) title to the parcel shall revert to the

11 United States to be administered by the Sec12 retary; and

13 (B) the easement granted to the county

14 under subsection (d) shall be revoked.

15 (3) WAIVER.—The Secretary may waive the ap16 plication of paragraph (2)(A) or (2)(B) if the Sec17 retary determines that such a waiver would be in the

18 best interests of the United States.

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

20 (a) FINDINGS.—Congress finds the following:

21 (1) The historical use by settlers and travelers

22 since the late 1800s of the cemetery known as

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

24 predates incorporation of the land within the juris-
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1 diction of the Bureau of Land Management on

2 which the cemetery is situated.

3 (2) It is appropriate that such use be continued

4 through local public ownership of the parcel rather

5 than through the permitting process of the Federal

6 agency.

7 (b) CONVEYANCE ON CONDITION SUBSEQUENT.—

8 Subject to valid existing rights and the condition stated

9 in subsection (e), the Secretary of the Interior, acting

10 through the Director of the Bureau of Land Management

11 (referred to in this section as the ‘‘Secretary’’), not later

12 than 90 days after the date of enactment of this Act, shall

13 convey to Eureka County, Nevada (referred to in this sec14 tion as the ‘‘county’’), for no consideration, all right, title,

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

16 land described in subsection (c).

17 (c) DESCRIPTION OF LAND.—The parcel of land re18 ferred to in subsection (b) is the parcel of public land (in19 cluding any improvements on the land) known as ‘‘Maid20 en’s Grave Cemetery’’, consisting of approximately 10

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

22 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N.,

23 R.49E., Mount Diablo Meridian.

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

25 under subsection (b), subject to subsection (e)(2), the Sec-
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1 retary shall grant the county an easement allowing access

2 for persons desiring to visit the cemetery and other ceme3 tery purposes over an appropriate access route consistent

4 with current access.

5 (e) CONDITION ON USE OF LAND.—

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

7 successors) shall continue the use of the parcel con8 veyed under subsection (b) as a cemetery.

9 (2) REVERSION.—If the Secretary, after notice

10 to the county and an opportunity for a hearing,

11 makes a finding that the county has used or per12 mitted the use of the parcel for any purpose other

13 than the purpose specified in paragraph (1), and the

14 county fails to discontinue that use—

15 (A) title to the parcel shall revert to the

16 United States to be administered by the Sec17 retary; and

18 (B) the easement granted to the county

19 under subsection (d) shall be revoked.

20 (3) WAIVER.—The Secretary may waive the ap21 plication of paragraph (2)(A) or (2)(B) if the Sec-
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1 retary determines that such a waiver would be in the

2 best interests of the United States.

Passed the House of Representatives April 12, 2005.

Attest:

Clerk.