I 

109TH CONGRESS 

1ST SESSION H. R. 541

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

Mr. GIBBONS introduced the following bill; which was referred to the 

Committee on 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 the following: 

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 U.S.C. 

9 478a), the Forest Service has conveyed to the Town 

10 of Kingston 1.25 acres of the land on which historic 

11 gravesites have been identified. 

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’’), not later than 90 days 

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) REVERSION.—If the Secretary, after notice 

24 to the county and an opportunity for a hearing, 

25 makes a finding that the county has used or per-
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1 mitted the use of the parcel for any purpose other 

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

3 county fails to discontinue that use—

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

5 United States to be administered by the Sec6 retary; and 

7 (B) the easement granted to the county 

8 under subsection (d) shall be revoked. 

9 (3) WAIVER.—The Secretary may waive the ap10 plication of paragraph (2)(A) or (2)(B) if the Sec11 retary determines that such a waiver would be in the 

12 best interests of the United States. 

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

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

15 (1) The historical use by settlers and travelers 

16 since the late 1800s of the cemetery known as 

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

18 predates incorporation of the land within the juris19 diction of the Bureau of Land Management on 

20 which the cemetery is situated. 

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

22 through local public ownership of the parcel rather 

23 than through the permitting process of the Federal 

24 agency. 
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1 (b) CONVEYANCE ON CONDITION SUBSEQUENT.— 

2 Subject to valid existing rights and the condition stated 

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

4 through the Director of the Bureau of Land Management 

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

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

7 convey to Eureka County, Nevada (referred to in this sec8 tion as the ‘‘county’’), for no consideration, all right, title, 

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

10 land described in subsection (c). 

11 (c) DESCRIPTION OF LAND.—The parcel of land re12 ferred to in subsection (b) is the parcel of public land (in13 cluding any improvements on the land) known as ‘‘Maid14 en’s Grave Cemetery’’, consisting of approximately 10 

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

16 4SW1/4, N1/2SE1/4SW1/4SW1/4 of section 10, T.31N., 

17 R.49E., Mount Diablo Meridian. 

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

19 under subsection (b), subject to subsection (e)(2), the Sec20 retary shall grant the county an easement allowing access 

21 for persons desiring to visit the cemetery and other ceme22 tery purposes over an appropriate access route consistent 

23 with current access. 

24 (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.

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