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.
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.
Be it enacted by the Senate and House of Representa-
tives 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 un-
marked gravesites are included, and to ensure the
availability of adequate gravesite space in future
years, an additional parcel consisting of approxi-
mately 8.75 acres should be conveyed to the county
so as to include the total amount of the acreage in-
cluded 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 inter-
est of the United States in and to the parcel of land de-
scribed in subsection (c).
(c) DESCRIPTION OF LAND.—The parcel of land re-
ferred to in subsection (b) is the parcel of National Forest
System land (including any improvements on the land)
known as ‘‘Kingston Cemetery’’, consisting of approxi-
mately 10 acres and more particularly described as SW1/
4SE1/4SE1/4 of section 36, T. 16N., R. 43E., Mount Dia-
blo Meridian.
(d) EASEMENT.—At the time of the conveyance
under subsection (b), subject to subsection (e)(2), the Sec-
retary shall grant the county an easement allowing access
for persons desiring to visit the cemetery and other ceme-
tery 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 con-
veyed 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 per-
mitted 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 Sec-
retary; and
(B) the easement granted to the county
under subsection (d) shall be revoked.
(3) WAIVER.—The Secretary may waive the ap-
plication of paragraph (2)(A) or (2)(B) if the Sec-
retary 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 juris-
diction 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 sec-
tion 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 re-
ferred to in subsection (b) is the parcel of public land (in-
cluding any improvements on the land) known as ‘‘Maid-
en’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 Sec-
retary shall grant the county an easement allowing access
for persons desiring to visit the cemetery and other ceme-
tery 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 con-
veyed 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 per-
mitted 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 Sec-
retary; and
(B) the easement granted to the county
under subsection (d) shall be revoked.
(3) WAIVER.—The Secretary may waive the ap-
plication of paragraph (2)(A) or (2)(B) if the Sec-
retary determines that such a waiver would be in the
best interests of the United States.
Passed the House of Representatives April 12, 2005.
Attest:
Clerk.