[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S767-S768]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself and Mr. Ensign):
  S. 254. A bill to direct the Secretary of the Interior 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 a long standing public land 
issue in central Nevada. As you may know, the Federal Government 
controls over 87 percent of the lands in the State of Nevada. This 
means that Nevadans must frequently seek the assistance of Congress to 
deal with land issues that would otherwise be relatively uncomplicated. 
Today we offer a bill to address a simple land ownership issue in 
Lander and Eureka Counties.
  This bill would convey two small cemeteries in central Nevada from 
federal control back to the local communities to which they should 
belong. The cemeteries in question the Kingston Cemetery in Lander 
County and the Maiden's Grave Cemetery in Eureka County--were first 
established by pioneers and immigrants who settled the isolated high 
desert valleys of the Great Basin in the mid-1800s. These same pioneers 
created the Kingston and Maiden's Grave cemeteries to serve as sacred 
resting places for friends and family. Unfortunately, years after their 
founding, the private nature of these lands was overlooked and the 
cemeteries were placed in the hands of federal land management 
agencies. Today much of the original Kingston Cemetery is on land 
managed by the U.S. Forest Service and the Maiden's Grave Cemetery in 
Beowawe sits on land 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 years, Lander County has been 
required to lease much of the Kingston Cemetery from the Forest

[[Page S768]]

Service. The Forest Service previously sold approximately 1 acre to the 
Town of Kingston, but this land transfer did not allow for the 
protection of uncharted graves or for the implementation of the 
communty' s original site plan.
  Because the people of Beowawe and Kingston should not have to buy or 
lease cemeteries that are rightfully theirs, our bill provides for the 
simple conveyance of the Maiden's Grave Cemetery to Eureka County and 
the balance of the original location of the Kingston Cemetery to Lander 
County, NV. 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.
  In the 108th Congress I was pleased that this bill received approval 
from the Energy and Natural Resources Committee and from the Senate as 
a whole. I look forward to working with my colleagues to complete this 
small conveyance during the current Congress. It is time that we 
restore ownership of these two small rural cemeteries to the 
communities to which they rightfully belong.
  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. 254

       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.
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