[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 541 Engrossed in House (EH)]
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 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
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 unmarked
gravesites are included, and to ensure the availability of
adequate 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 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 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 particularly 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 an
easement allowing access for persons desiring to visit the cemetery 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
subsection (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 Cemetery''
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 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 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 improvements
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 cemetery 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.
(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
subsection (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.
Passed the House of Representatives April 12, 2005.
Attest:
Clerk.