[House Report 108-166]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    108-166

======================================================================



 
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.

                                
