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.
PL 109-46 (H.R.541), enacted 08/02/2005

119 STAT. 448
PUBLIC LAW 109–46—AUG. 2, 2005
Public Law 109–46
109th Congress
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
Deadline.
Aug. 2, 2005
[H.R. 541]
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119 STAT. 449
PUBLIC LAW 109–46—AUG. 2, 2005
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.
Deadline.
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119 STAT. 450
PUBLIC LAW 109–46—AUG. 2, 2005
LEGISLATIVE HISTORY—H.R. 541 (S. 254):
SENATE REPORTS: No. 109–12 accompanying S. 254 (Comm. on Energy and Nat-
ural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
Apr. 12, considered and passed House.
July 26, considered and passed Senate.
(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.
Approved August 2, 2005.
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