[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1139 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1139
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 29, 2001
Mr. Reid introduced the following bill; which was read twice and
referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
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.
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--
(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 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; and
(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''), as soon as practicable 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) Termination and 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 in the county shall
terminate;
(B) title to the parcel shall revert to the
Secretary; and
(C) the easement granted to the county under
subsection (d) shall be revoked.
SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.
(a) Findings.--Congress finds that--
(1) 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
(2) 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.
(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''), as soon as
practicable 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.
(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) Termination and 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 in the county shall
terminate;
(B) title to the parcel shall revert to the
Secretary; and
(C) the easement granted to the county under
subsection (d) shall be revoked.
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