[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 541 Enrolled Bill (ENR)]
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 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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.