[Congressional Record (Bound Edition), Volume 149 (2003), Part 13]
[House]
[Pages 18295-18297]
[From the U.S. Government Publishing Office, www.gpo.gov]




                 LANDER COUNTY, NEVADA, LAND CONVEYANCE

  Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 272) 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, as amended.
  The Clerk read as follows:

                                H.R. 272

       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

[[Page 18296]]

     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 SW\1/4\SE\1/4\SE\1/4\ of section 
     36, T. 16 N., R. 43 E., 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 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. 31 N., R. 49 E., 
     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 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 
Nevada (Mr. Gibbons) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I am pleased to have this opportunity to discuss an 
issue that is of utmost importance to my constituents in rural Nevada.
  As you may know, Nevada has one of the highest percentages of public 
lands of all the States in the Union. Close to 90 percent of our State 
is managed or controlled by the Federal Government. This poses many 
problems for my constituents, including the burial of our loved ones 
and the preservation of grave sites of our ancestors.
  H.R. 272 authorizes the transfer of two cemeteries back to the 
respective local control of Lander and Eureka Counties in Nevada. It 
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.

                              {time}  1030

  The added acreage would ensure that the areas of unmarked graves are 
included in the town's cemetery and that space is available for future 
graves in the Kingston cemetery. Additionally, this bill would 
authorize the Bureau of Land Management to convey 10 acres of 
disposable land to Eureka, Nevada, for continued use at the Maiden's 
Grave Cemetery. It is important to note that these cemeteries have been 
in use since the late 1800s, well before the creation of either the 
Forest Service or the Bureau of Land Management. Currently, the 
counties are required to go through a Federal permitting process to 
operate these cemeteries. H.R. 272 eliminates the excessive red tape of 
the Federal Government and gives control of these lands to the local 
governments.
  It is appropriate that the operation of these cemeteries be continued 
through local public ownership rather than through the permitting 
process of the Federal Government or Federal agencies.
  It is my intention to ensure that the residents of these communities 
have some certainty and closure on this issue which they have been 
burdened with for many decades. Mr. Speaker, it is my hope that every 
Member will see the importance of this legislation and the simple 
fairness of transferring these historic graveyards back to the 
communities that have buried their loved ones there since the 1800s. 
After all, the role of the Federal Government is not to play real 
estate agent. The role of the Federal Government is to serve the 
people, and H.R. 272 serves the people of Eureka and Lander counties 
fairly and should be expeditiously passed by this Congress.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, this legislation has been well described by the 
gentleman from Nevada. Essentially, we are turning over Federal land 
that is currently being utilized by two counties in Nevada. Normally, 
Mr. Speaker, anytime anyone, be it an individual or a State or a county 
government, receives Federal land, they should be required to pay the 
American people the fair market value of the land. In this instance, 
however, based on the location of these two parcels of land and the 
fact that they are both being used as cemeteries by the counties, we do 
not oppose these conveyances. As introduced, there were several 
technical issues with this legislation. However, an amendment adopted 
in committee addressed those concerns.
  I urge my colleagues to vote for H.R. 272. I want to congratulate the 
gentleman from Nevada for his hard work on this issue.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.

[[Page 18297]]


  Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
  I would also like to congratulate and thank my friend from New Mexico 
for his support and leadership on this very important issue to the 
people of Nevada, and I ask for a positive vote on this bill.
  Mr. Speaker, I have no further requests for time on this bill, and I 
yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Petri). The question is on the motion 
offered by the gentleman from Nevada (Mr. Gibbons) that the House 
suspend the rules and pass the bill, H.R. 272, 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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