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 
H. R. 541—2

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. 
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(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.