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 permit-
ting 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 ade-
quate 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 Sec-
retary 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 particu-
larly 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 ceme-
tery 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 sub-
section (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 Ceme-
tery’’ 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 Sec-
retary 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 improve-
ments 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 ceme-
tery 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.
H. R. 541—3
(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 sub-
section (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.