[Congressional Record (Bound Edition), Volume 145 (1999), Part 15]
[House]
[Pages 21929-21930]
[From the U.S. Government Publishing Office, www.gpo.gov]



   DIRECTING THE SECRETARY OF AGRICULTURE TO CONVEY CERTAIN NATIONAL 
                  FOREST LANDS TO ELKO COUNTY, NEVADA

  Mr. SHERWOOD. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1231) to direct the Secretary of Agriculture to convey 
certain National Forest lands to Elko County, Nevada, for continued use 
as a cemetery, as amended.
  The Clerk read as follows:

                               H.R. 1231

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

     SECTION 1. CONVEYANCE OF NATIONAL FOREST LANDS TO ELKO 
                   COUNTY, NEVADA, FOR USE AS CEMETERY.

       (a) Requirement To Convey.--The Secretary of Agriculture 
     shall convey, without consideration, to Elko County, Nevada, 
     all right, title, and interest of the United States in and to 
     the real property described in subsection (b).
       (b) Description of Property.--
       (1) In general.--The property referred to in subsection (a) 
     consists of (A) a parcel of National Forest lands (including 
     any improvements thereon) in Elko County, Nevada, known as 
     Jarbidge Cemetery, consisting of approximately 2 acres within 
     the following described lands: NE\1/4\ SW\1/4\ NW\1/4\, S. 9 
     T. 46 N, R. 58 E., MDB&M, which shall be used as a cemetery; 
     and (B) the existing bridge over the Jarbidge River that 
     provides access to that parcel, and the road from the bridge 
     to the parcel as depicted on the map entitled `Elko County 
     Road and Bridge Conveyance' dated July 27, 1999.
       (2) Survey.--The exact acreage and legal description of the 
     property to be conveyed under subsection (a) shall be 
     determined by a survey satisfactory to the Secretary. As a 
     condition of any conveyance under this section, the Secretary 
     shall require that the cost of the survey shall be borne by 
     the County.
       (c) Additional Terms and Conditions.--The Secretary may 
     require such additional terms and conditions with respect to 
     the conveyance under subsection (a) as the Secretary 
     considers appropriate to protect the interests of the United 
     States, except that the Secretary may not retain for the 
     United States any reversionary interest in property conveyed 
     under this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Sherwood) and the gentleman from Michigan (Mr. 
Kildee) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania (Mr. Sherwood).
  Mr. SHERWOOD. Mr. Speaker, I yield such time as he may consume to the 
gentleman from Nevada (Mr. Gibbons) to talk about the bill.
  Mr. GIBBONS. Mr. Speaker, I thank the gentleman from Pennsylvania for 
yielding me the time.
  Mr. Speaker, I rise to ask my colleagues to support the bill, H.R. 
1231. This bill will convey two small acres of land, of Forest Service 
land to Elko, Nevada for the permanent and continued use as a cemetery.
  The cemetery is located in Jarbidge, Nevada, a small rural community 
in Elko County. Known historically for its contribution to Nevada's 
mining industry, this community is surrounded by National Forest 
Service lands and the Jarbidge Wilderness Area.
  Within this vast public land is a small cemetery under the 
administration of the Forest Service where generation after generation 
of residents of this historic mining community have been laid to rest. 
The earliest tombstones, Mr. Speaker, are dated in the very early 
1900s, and some members of the Jarbidge community claim this land was 
used as a cemetery long before it was designated as Forest Service 
land.
  Since 1915, the Jarbidge Cemetery has been operated under a permit to 
Elko County by a special use authorization, which runs periodically for 
10 and occasionally 20 years. In an effort to remove the uncertainty 
about the continued existence of this cemetery and to resolve the 
operational responsibilities, the residents of Jarbidge have long 
expressed an interest in having the cemetery conveyed to the county so 
they might have a permanent and private cemetery. This is why I 
introduced H.R. 1231.
  Mr. Speaker, I urge my colleagues to understand that the residents 
are asking for conveyance of this land because they, and I would agree, 
and I think it is reasonable, feel that it is not right to pay for the 
graves of Nevada's parents and grandparents. Many of those buried at 
Jarbidge are miners and their families, and in fact are the founders of 
the small Elko County community.
  Given the hundreds of thousands of acres administered by the Forest 
Service in this region and their oversight of the Jarbidge wilderness 
area, the conveyance of two acres for the purpose of allowing the 
residents to privately own the resting place of their relatives seems 
to be both rational and fair, keeping in mind, of course, that we are 
talking about a cemetery, the final resting place for people, the 
Nevadans and their loved ones.
  Furthermore, I believe that it is our government's civic duty, the 
duty to do what is right on behalf of the American

[[Page 21930]]

people and our constituents, to convey without cost these two small 
acres. I am sure if we took a national poll, the vast majority of 
people, if not all Americans, would agree that the conveyance of these 
two acres free of charge would be in the best public interest of any 
good use of our public land.
  Therefore, I would like to ask all my colleagues to support this 
commonsense and fair legislation.
  Mr. KILDEE. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, H.R. 1231 directs the Secretary of Agriculture to convey 
without consideration 2 acres of National Forest land to Elko County, 
Nevada. The land conveyance would include a historic cemetery and a 
road and bridge leading to it on the Humboldt-Toiyabe National Forest.
  It is our understanding that a private individual had offered to 
provide for the maintenance of the cemetery as long as the land was 
conveyed to the county. At the hearing, the Forest Service expressed 
concerns that this bill was inconsistent with laws that require the 
Secretary of Agriculture to obtain fair market value for exchange or 
sale of National Forest Service land.
  While we share these agency concerns and generally support a policy 
of obtaining fair market value for the sake of disposition of public 
resources, the lands in this case are certainly de minimis. We 
anticipate that Elko County will be a good steward of the cemetery, and 
we certainly support this bill.

                              {time}  1545

  Mr. Speaker, I want to commend the gentleman from Nevada (Mr. 
Gibbons). His gentlemanliness both in committee and on the floor makes 
it a pleasure to work in both places.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SHERWOOD. Mr. Speaker, I have no more requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Calvert). The question is on the motion 
offered by the gentleman from Pennsylvania (Mr. Sherwood) that the 
House suspend the rules and pass the bill, H.R. 1231, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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