[Congressional Record Volume 149, Number 158 (Tuesday, November 4, 2003)]
[Senate]
[Pages S13910-S13911]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 1819. 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; to the Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I rise today for myself and Senator Ensign 
to introduce this bill, which will address important public land issues 
in central Nevada. As you might know, the Federal Government controls 
over 87 percent of the State of Nevada. Many of our colleagues from 
other States may not understand the challenge this presents for 
communities in Nevada. With such large tracts of land controlled by 
Federal agencies, it can be difficult to acquire land for vital efforts 
in both the public and private sectors.
  This bill will convey two cemeteries in central Nevada from the 
Federal Government back to the local communities. Kingston is a small 
town in southern Lander County, and Beowawe is a small community 
located in Eureka County. The original communities were home to 
pioneers and immigrants who settled the isolated high desert valleys of 
the central Great Basin. In the late 1800s, the pioneers established 
and managed the cemeteries to provide a final resting place for friends 
and family. Much of the original Kingston Cemetery is on land now 
managed by the U.S. Forest Service. The Maiden's Grave Cemetery in 
Beowawe is on land currently managed by the Bureau of Land Management.
  Under current law, these agencies must sell the cemeteries back to 
the communities at fair market value. However, these historic 
cemeteries were established prior to the designation of the Federal 
agencies that now manage them. For over 2 years, Lander County has been 
required to lease much of the Kingston Cemetery from the Forest 
Service. The Forest Service recently sold approximately 1 acre to the 
Town of Kingston, but this conveyance did not allow for the protection 
of uncharted graves, nor for the implementation of the community's 
original site plan.
  It is wrong that Beowawe and Kingston should have to buy or lease 
cemeteries from Federal agencies that did not even exist at the time 
that the cemeteries were established. Our bill simply provides for the 
conveyance of the Maiden's Grave Cemetery to Eureka County and the 
balance of the original location of the Kingston Cemetery to Lander 
County, Nevada.
  The conveyances provided by this bill will benefit our Federal land 
managers as well as our rural communities. The disposal of these small 
parcels of land for no consideration will benefit the United States 
because they represent isolated tracts that prove difficult to manage 
for public use. I sincerely hope that my colleagues recognize the 
benefit that the conveyances would provide to the local communities and 
support passage of this legislation.
  I ask unanimous consent that the 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. 1819

       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

[[Page S13911]]

     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 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 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 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.

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