[House Report 108-166]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 108-166
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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
_______
June 19, 2003.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 272]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
(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.
PURPOSE OF THE BILL
The purpose of H.R. 272 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 cemeteries.
BACKGROUND AND NEED FOR LEGISLATION
The town of Kingston, Nevada, located in Lander County,
requires an additional 8.75 acres of U.S. Forest Service (USFS)
land to supplement the 1.25 acres of USFS land conveyed to it
in 2000 to ensure that areas of unmarked graves are included in
the town's cemetery, and to ensure that space is available for
future graves in Kingston Cemetery. The additional land will
bring the total acreage to the original ten acres that the town
had access to under a Special Use Permit. The town of Kingston
wants to continue use of the cemetery through local public
ownership rather than through the Federal agency permitting
process. In addition, the bill would convey ten acres of land
managed by the Bureau of Land Management (BLM) to Eureka
County, Nevada, for continued use for ``Maiden's Grave
Cemetery.'' The site continues to receive occasional burials
and has been identified by the BLM as suitable for disposal.
COMMITTEE ACTION
H.R. 272 was introduced on January 8, 2003, by Congressman
Jim Gibbons (R-NV). The bill was referred to the Committee on
Resources and within the Committee to the Subcommittee on
National Parks, Recreation and Public Lands and the
Subcommittee on Forest and Forest Health. On April 8, 2003, the
Subcommittee on National Parks, Recreation and Public Lands
held a hearing on the bill. On June 11, 2003, the Full
Resources Committee met to consider the bill. The Subcommittee
on National Parks, Recreation and Public Lands and the
Subcommittee on Forests and Forest Health were discharged from
further consideration of the bill by unanimous consent.
Congressman Gibbons offered an amendment in the nature of a
substitute that (1) modified the reversionary and conveyance
clauses, and (2) ensured that the mineral estate is conveyed
along with the land. The amendment was agreed to by unanimous
consent. The bill, as amended, was then ordered favorably
reported to the House of Representatives by unanimous consent.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 and Article IV, section 3 of the
Constitution of the United States grant Congress the authority
to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. This bill does
not authorize funding and therefore, clause 3(c)(4) of rule
XIII of the Rules of the House of Representatives does not
apply.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 17, 2003.
Hon. Richard Pombo,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 272, a bill 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.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Douglas Holz-Eakin,
Director.
Enclosure.
H.R. 272--A bill 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
CBO estimates that H.R. 272 would not significantly affect
the federal budget. H.R. 272 contains no intergovernmental or
private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.
H.R. 272 would direct the Secretary of Agriculture and the
Secretary of the Interior to convey, without consideration,
certain lands to two counties in Nevada for use as cemeteries.
Based on information from the agencies, we estimate that
administrative costs to complete the proposed conveyances would
be less than $50,000, assuming the availability of appropriated
funds. Conveying those lands could reduce offsetting receipts
(a credit against direct spending) if, under current law, they
would generate income from land sales or programs to develop
natural resources. According to the agencies, however, the
affected lands currently generate no significant receipts and
are not expected to do so over the next 10 years. Hence, CBO
estimates that conveying them would not significantly affect
direct spending. (The bill would have no effect on revenues.)
The CBO staff contact for this estimate is Megan Carroll.
This estimate was approved by Peter H. Fontaine, Deputy
Assistant Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.