Congressional Record, Volume 151 Issue 42 (Tuesday, April 12, 2005)

[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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