IB 
Union Calendar No. 83
108TH CONGRESS 
1ST SESSION 
H. R. 272
[Report No. 108–166] 
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 
JANUARY 8, 2003
Mr. GIBBONS introduced the following bill; which was referred to the 
Committee on Resources 
JUNE 19, 2003 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on January 8, 2003] 
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.
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 ‘‘King-
ston Cemetery’’ in Kingston, Nevada, predates incor-
poration of the land within the jurisdiction of the 
Forest Service on which the cemetery is situated. 
(2) It is appropriate that 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 included 
in the original permit issued by the Forest Service for 
the cemetery. 
(b) CONVEYANCE ON CONDITION SUBSEQUENT.—Sub-
ject to valid existing rights and the condition stated in sub-
section (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, Ne-
vada (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 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. 16 N., R. 43 E., 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 per-
sons desiring to visit the cemetery and other cemetery pur-
poses over Forest Development Road #20307B, notwith-
standing any future closing of the road for other use. 
(e) CONDITION ON USE OF LAND.—
(1) IN GENERAL.—The county (including its suc-
cessors) 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 pur-
pose 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 ‘‘Maid-
en’s Grave Cemetery’’ in Beowawe, Nevada, predates 
incorporation of the land within the jurisdiction of 
the Bureau of Land Management on which the ceme-
tery 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.—Sub-
ject to valid existing rights and the condition stated in sub-
section (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 Eure-
ka County, Nevada (referred to in this section as the ‘‘coun-
ty’’), 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. 31 N., R. 49 E., 
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 per-
sons desiring to visit the cemetery and other cemetery pur-
poses over an appropriate access route consistent with cur-
rent access.
(e) CONDITION ON USE OF LAND.—
(1) IN GENERAL.—The county (including its suc-
cessors) 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 pur-
pose 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.
Union Calendar No. 83
108TH CONGRESS 
1ST SESSION 
H. R. 272
[Report No. 108–166] 
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. 
JUNE 19, 2003
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed