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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 541 Enrolled Bill (ENR)]

        H.R.541

                       One Hundred Ninth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five

                                 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.

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

SECTION 1. CONVEYANCE TO LANDER COUNTY, NEVADA.

    (a) Findings.--Congress finds that the following:
        (1) The historical use by settlers and travelers since the late 
    1800's of the cemetery known as ``Kingston Cemetery'' in Kingston, 
    Nevada, predates incorporation of the land within the jurisdiction 
    of the Forest Service on which the cemetery is situated.
        (2) It is appropriate that use be continued through local 
    public ownership of the parcel rather than through the permitting 
    process of the Federal agency.
        (3) In accordance with Public Law 85-569 (commonly known as the 
    ``Townsite Act''; 16 U.S.C. 478a), the Forest Service has conveyed 
    to the Town of Kingston 1.25 acres of the land on which historic 
    gravesites have been identified.
        (4) To ensure that all areas that may have unmarked gravesites 
    are included, and to ensure the availability of adequate gravesite 
    space in future years, an additional parcel consisting of 
    approximately 8.75 acres should be conveyed to the county so as to 
    include the total amount of the acreage included in the original 
    permit issued by the Forest Service for the cemetery.
    (b) Conveyance on Condition Subsequent.--Subject to valid existing 
rights and the condition stated in subsection (e), the Secretary of 
Agriculture, acting through the Chief of the Forest Service (referred 
to in this section as the ``Secretary''), not later than 90 days after 
the date of enactment of this Act, shall convey to Lander County, 
Nevada (referred to in this section as the ``county''), for no 
consideration, all right, title, and interest of the United States in 
and to the parcel of land described in subsection (c).
    (c) Description of Land.--The parcel of land referred to in 
subsection (b) is the parcel of National Forest System land (including 
any improvements on the land) known as ``Kingston Cemetery'', 
consisting of approximately 10 acres and more particularly described as 
SW1/4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Diablo Meridian.
    (d) Easement.--At the time of the conveyance under subsection (b), 
subject to subsection (e)(2), the Secretary shall grant the county an 
easement allowing access for persons desiring to visit the cemetery and 
other cemetery purposes over Forest Development Road #20307B, 
notwithstanding any future closing of the road for other use.
    (e) Condition on Use of Land.--
        (1) In general.--The county (including its successors) shall 
    continue the use of the parcel conveyed under subsection (b) as a 
    cemetery.
        (2) Reversion.--If the Secretary, after notice to the county 
    and an opportunity for a hearing, makes a finding that the county 
    has used or permitted the use of the parcel for any purpose other 
    than the purpose specified in paragraph (1), and the county fails 
    to discontinue that use--
            (A) title to the parcel shall revert to the United States 
        to be administered by the Secretary; and
            (B) the easement granted to the county under subsection (d) 
        shall be revoked.
        (3) Waiver.--The Secretary may waive the application of 
    paragraph (2)(A) or (2)(B) if the Secretary determines that such a 
    waiver would be in the best interests of the United States.

SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.

    (a) Findings.--Congress finds the following:
        (1) The historical use by settlers and travelers since the late 
    1800s of the cemetery known as ``Maiden's Grave Cemetery'' in 
    Beowawe, Nevada, predates incorporation of the land within the 
    jurisdiction of the Bureau of Land Management on which the cemetery 
    is situated.
        (2) It is appropriate that such use be continued through local 
    public ownership of the parcel rather than through the permitting 
    process of the Federal agency.
    (b) Conveyance on Condition Subsequent.--Subject to valid existing 
rights and the condition stated in subsection (e), the Secretary of the 
Interior, acting through the Director of the Bureau of Land Management 
(referred to in this section as the ``Secretary''), not later than 90 
days after the date of enactment of this Act, shall convey to Eureka 
County, Nevada (referred to in this section as the ``county''), for no 
consideration, all right, title, and interest of the United States in 
and to the parcel of land described in subsection (c).
    (c) Description of Land.--The parcel of land referred to in 
subsection (b) is the parcel of public land (including any improvements 
on the land) known as ``Maiden's Grave Cemetery'', consisting of 
approximately 10 acres and more particularly described as S1/2NE1/4SW1/
4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., R.49E., Mount Diablo 
Meridian.
    (d) Easement.--At the time of the conveyance under subsection (b), 
subject to subsection (e)(2), the Secretary shall grant the county an 
easement allowing access for persons desiring to visit the cemetery and 
other cemetery purposes over an appropriate access route consistent 
with current access.
    (e) Condition on Use of Land.--
        (1) In general.--The county (including its successors) shall 
    continue the use of the parcel conveyed under subsection (b) as a 
    cemetery.
        (2) Reversion.--If the Secretary, after notice to the county 
    and an opportunity for a hearing, makes a finding that the county 
    has used or permitted the use of the parcel for any purpose other 
    than the purpose specified in paragraph (1), and the county fails 
    to discontinue that use--
            (A) title to the parcel shall revert to the United States 
        to be administered by the Secretary; and
            (B) the easement granted to the county under subsection (d) 
        shall be revoked.
        (3) Waiver.--The Secretary may waive the application of 
    paragraph (2)(A) or (2)(B) if the Secretary determines that such a 
    waiver would be in the best interests of the United States.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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