[Congressional Record Volume 146, Number 87 (Monday, July 10, 2000)]
[Senate]
[Page S6348]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 2842. A bill to direct the Secretary of Agriculture to convey 
certain land to Lander County, Nevada, for continued use as a cemetery; 
to the Committee on Energy and Natural Resources.


               the lander county cemetery conveyance act

  Mr. REID. Mr. President, I rise today to introduce the Lander County 
Cemetery Conveyance Act.
  The settlement of Kingston, Nevada was destination and home to 
pioneers that settled the isolated high desert valleys of the central 
Great Basin. The inhabitants of this community set aside a specific 
community cemetery to provide the final resting place for friends and 
family who passed away. The early settlers established and managed the 
cemetery in the late 1800's. The Kingston cemetery is on land now 
managed by the United States Forest Service (FS). The FS is selling 
approximately one acre to the Town of Kingston, but this conveyance 
does not allow for the long-term use and expansion beyond the 
undisturbed historic graves, the implementation of the community's 
original 10 acre site plan, nor the protection of the uncharted graves.
  Mr. President, the site of this historic cemetery was established 
prior to the designation of the Forest Reserve surrounding the Town of 
Kingston. The surrounding Forest Reserve was established in 1908. Under 
current law, the agency must sell the encumbered land at fair market 
value to this community for continued use. My bill provides for the 
conveyance of the balance of the original, recognized cemetery location 
to Lander County, at no cost, contingent on the completed sale of the 
acre to the Town of Kingston. It is unconscionable to me that this 
landlocked, rural community is required to buy their ancestors back 
from the Federal government.
  I sincerely hope that members of Congress recognize the benefit to 
the local community that the conveyance would provide and pass this 
legislation.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2842

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

     SECTION 1. 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 on which 
     the cemetery is situated within the jurisdiction of the 
     Forest Service;
       (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; and
       (3) to ensure that all areas that may have unmarked 
     gravesites are included and to ensure the availability of 
     adequate gravesite space in future years, a parcel of 
     approximately 10 acres, the acreage included in the original 
     permit issued by the Forest Service for the cemetery, should 
     be conveyed for that purpose.

     SEC. 2. CONVEYANCE TO LANDER COUNTY, NEVADA.

       (a) Conveyance.--Notwithstanding any other provision of 
     law, the Secretary of Agriculture, acting through the Chief 
     of the Forest Service (referred to in this section as the 
     ``Secretary''), simultaneously with or as soon as practicable 
     after the conveyance of the core parcel under subsection (b), 
     shall convey, without consideration, subject to valid 
     existing rights, to Lander County, Nevada (referred to in 
     this section as the ``county''), all right, title, and 
     interest of the United States in and to the remaining parcel 
     of the land described in subsection (c).
       (b) Conveyance of Core Parcel.--The making of the 
     conveyance under subsection (a) is contingent on the making 
     of a conveyance, under Public Law 85-569 (commonly known as 
     the ``Townsite Act'') (16 U.S.C. 478a), of 1.25 acres of the 
     land described in subsection (c) in which gravesites have 
     been identified.
       (c) Description of Land.--The parcel of land referred to in 
     subsection (a) 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) Use of Land.--
       (1) In general.--The county (including its successors) 
     shall continue the use of the parcel conveyed under 
     subsection (a) 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 discontinued the use of the parcel conveyed 
     under subsection (a) as a cemetery, title to the parcel shall 
     revert to the Secretary.
       (e) Access.--At the time of the conveyance under subsection 
     (a), the Secretary shall grant the county an easement 
     granting 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.

                          ____________________