II
Calendar No. 23
109th CONGRESS
1st Session
S. 254
[Report No. 109–12]
IN THE SENATE OF THE UNITED STATES
February 1, 2005
Mr. Reid (for himself and Mr. Ensign) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources
February 23, 2005
Reported under authority of the order of the Senate of February 17, 2005, by Mr. Domenici, without amendment
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.
Short title
This Act may be cited as the
Central Nevada Rural Cemeteries
Act
.
Conveyance to lander county, Nevada
Findings
Congress finds that—
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;
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;
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;
and
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.
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).
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.
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.
Condition on use of land
In general
The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery.
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—
title to the parcel shall revert to the Secretary, to be administered by the Secretary; and
the easement granted to the county under subsection (d) shall be revoked.
Waiver
The Secretary may waive the application of subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States.
Conveyance to eureka county, Nevada
Findings
Congress finds that—
the historical
use by settlers and travelers since the late 1800’s 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; and
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.
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).
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.
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.
Condition on use of land
In general
The county (including its successors) shall continue the use of the parcel conveyed under subsection (b) as a cemetery.
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—
title to the parcel shall revert to the Secretary, to be administered by the Secretary; and
the easement granted to the county under subsection (d) shall be revoked.
Waiver
The Secretary may waive the application of subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States.
February 23, 2005
Reported without amendment