[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Reported in Senate (RS)]






                                                        Calendar No. 23
109th CONGRESS
  1st Session
                                 S. 254

                          [Report No. 109-12]

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

                            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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Central Nevada Rural Cemeteries 
Act''.

SEC. 2. 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''), 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 
SW\1/4\SE\1/4\SE\1/4\ 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 
                Secretary, 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 
        subparagraph (A) or (B) of paragraph (2) if the Secretary 
        determines that a waiver would be in the best interests of the 
        United States.

SEC. 3. 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''), 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 S\1/2\NE\1/
4\SW\1/4\SW\1/4\, N\1/2\SE\1/4\SW\1/4\SW\1/4\ 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 
                Secretary, 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 
        subparagraph (A) or (B) of paragraph (2) if the Secretary 
        determines that a waiver would be in the best interests of the 
        United States.
                                                        Calendar No. 23

109th CONGRESS

  1st Session

                                 S. 254

                          [Report No. 109-12]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 23, 2005

                       Reported without amendment