[Congressional Record Volume 151, Number 42 (Tuesday, April 12, 2005)]
[House]
[Pages H1862-H1864]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 DIRECTING CONVEYANCE OF CERTAIN LAND TO LANDER COUNTY, NEVADA, AND TO 
         EUREKA COUNTY, NEVADA, FOR CONTINUED USE AS CEMETERIES

  Mr. DUNCAN. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 541) 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.
  The Clerk read as follows:

                                H.R. 541

       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 the following:
       (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.
       (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 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 United States 
     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 
     paragraph (2)(A) or (2)(B) if the Secretary determines that 
     such a waiver would be in the best interests of the United 
     States.

     SEC. 2. CONVEYANCE TO EUREKA COUNTY, NEVADA.

       (a) Findings.--Congress finds the following:
       (1) The historical use by settlers and travelers since the 
     late 1800s 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.
       (2) It is appropriate that such 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.

[[Page H1863]]

       (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 United States 
     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 
     paragraph (2)(A) or (2)(B) if the Secretary determines that 
     such a waiver would be in the best interests of the United 
     States.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Tennessee (Mr. Duncan) and the gentlewoman from California (Mrs. 
Napolitano) each will control 20 minutes.
  The Chair recognizes the gentleman from Tennessee (Mr. Duncan).


                             General Leave

  Mr. DUNCAN. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days within which to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Tennessee?
  There was no objection.

                              {time}  1430

  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  H.R. 541 directs 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 public 
cemeteries. Specifically, the town of Kingston, Nevada, requires an 
additional 8.75 acres of Forest Service land to supplement the 1.25 
acres of Forest Service land conveyed to it in 2000 for the town's 
cemetery. The additional acreage would ensure that areas of unmarked 
graves are included in the town's cemetery and that space is available 
for future graves in Kingston Cemetery. In addition, H.R. 541 would 
authorize the Bureau of Land Management to convey 10 acres of 
disposable land to Eureka County, Nevada, for continued use at Maiden's 
Grave Cemetery.
  H.R. 541 is supported by the majority and the minority of the 
Committee on Resources and is identical to legislation that passed the 
House of Representatives by voice vote during the 108th Congress. I 
urge adoption of the bill.
  Madam Speaker, I reserve the balance of my time.
  Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may 
consume.
  (Mrs. NAPOLITANO asked and was given permission to revise and extend 
her remarks.)
  Mrs. NAPOLITANO. Madam Speaker, as a general rule, when Congress 
transfers Federal lands into other hands, the United States taxpayers 
should be compensated for the fair market value of the lands being 
transferred. In this instance, however, the locations of these parcels 
as well as the fact that they are currently in use as local cemeteries, 
and I have no idea how long it has been used as cemeteries but I am 
assuming it has been a while, justify the making of these transfers 
free of charge. As a result, we will not oppose H.R. 541.
  Madam Speaker, I reserve the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield such time as he may consume to the 
very distinguished gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Madam Speaker, I thank my good friend and colleague from 
Tennessee (Mr. Duncan) for allowing me time to speak on this bill, and 
I would also like to thank my good friend from California (Mrs. 
Napolitano) for her support of this bill as well.
  Madam Speaker, I rise in strong support of H.R. 541, a bill I 
introduced in the 108th Congress. The purpose of H.R. 541 is 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 was said by my friend, for 
public cemeteries. This same legislation passed under suspension of the 
rules in the House in the 108th Congress. Unfortunately, the 
legislation was not acted upon in a timely manner by the other body; 
and I am pleased, Madam Speaker, to have the opportunity to revisit 
this issue now in the 109th Congress.
  With over 90 percent of our State's land being owned by the Federal 
Government, Nevada has the highest percentage of public-land ownership 
of all the States in the Union. There are many challenges that come 
with such a high share of public lands. One that may surprise my 
colleagues is that even the burial of our loved ones and the 
preservation of the grave sites of our ancestors are impacted by 
Federal land ownership.
  H.R. 541 authorizes the conveyance of public land to the respective 
control of Lander and Eureka counties for continued use as public 
cemeteries. My bill is designed to return these cemeteries to the local 
communities and eliminate the red tape and uncertainty associated with 
the Federal permitting process the cemeteries are currently required to 
go through in order to operate today.
  Specifically, the town of Kingston, Nevada, needs an additional 8.75 
acres to be added to the town's cemetery in order to protect unmarked 
graves and make space available for future grave sites. The bill also 
authorizes the conveyance of 10 acres of disposable land to Eureka 
County, Nevada, for continued use as the Maiden's Grave Cemetery.
  Both of these parcels, Madam Speaker, have been historically used as 
cemeteries since the 1800s, well before either the Forest Service or 
the BLM was ever created. However, the land the cemeteries reside on is 
owned by the Federal Government today. Ninety percent of the land mass 
in both Eureka and Lander counties is owned by the Federal Government; 
90 percent. To give my colleagues an idea of the scale of this 
conveyance, the acres requested by Lander County represent a mere two-
thousandths of a percent of the total land owned by the Federal 
Government in just that county. In Eureka County, the size of the 
conveyance is four-thousandths of a percent of the Federal Government's 
holdings in that county.
  As my colleagues can see, the size of the conveyance is minuscule, 
but the impact on the communities and those who have loved ones buried 
in these cemeteries is large. Relying on the Federal permitting process 
to ensure that these cemeteries remain used as cemeteries has been a 
source of uncertainty to the residents of these communities for many 
years. It is our intention through this bill to convey a small amount 
of Federal land to provide for the preservation and access to the 
residents of these communities with respect to the graves of their 
ancestors. These land conveyances to the local governments will 
preserve these historic sites that are not only a part of America's and 
Nevada's history but part of Nevada's families.
  I urge my colleagues to unanimously support this legislation that 
means so much to these two communities. I want to again thank you, 
Madam Speaker, for the opportunity to speak in support of this 
important legislation, and I urge an ``aye'' vote on it.
  Mrs. NAPOLITANO. Madam Speaker, I yield myself such time as I may 
consume.
  I certainly want to add my support of the bill. My understanding is 
there were 1.2 acres allocated to the same group back in 2000 and now 
this additional land. I realize it is minuscule, but certainly be it 
far from us to be in denial of a proper respect of those who are buried 
there in the unmarked graves. I concur and urge support.
  Madam Speaker, I yield back the balance of my time.
  Mr. DUNCAN. Madam Speaker, I yield myself such time as I may consume.
  The land involved here is approximately 20 acres. Many of us believe 
that the Federal Government owns far too much land in the State of 
Nevada

[[Page H1864]]

already. Frankly, as our colleague from Nevada pointed out, this makes 
two one-thousandths of 1 percent, which is a minuscule part of the 
State of Nevada, and so I think this is very worthwhile legislation. I 
commend the gentleman from Nevada for bringing this to the attention of 
the House, and I urge the passage of this legislation.
  Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Miller of Michigan). The question is on 
the motion offered by the gentleman from Tennessee (Mr. Duncan) that 
the House suspend the rules and pass the bill, H.R. 541.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. DUNCAN. Madam Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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