[109th Congress Public Law 46]
[From the U.S. Government Printing Office]


[DOCID: f:publ046.109]

[[Page 447]]

                         NEVADA LAND CONVEYANCE

[[Page 119 STAT. 448]]

Public Law 109-46
109th Congress

                                 An Act


 
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. <<NOTE: Aug. 
                        2, 2005 -  [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 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 <<NOTE: Deadline.>> 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

[[Page 119 STAT. 449]]

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 <<NOTE: Deadline.>> 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.

[[Page 119 STAT. 450]]

            (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.

    Approved August 2, 2005.

LEGISLATIVE HISTORY--H.R. 541 (S. 254):
---------------------------------------------------------------------------

SENATE REPORTS: No. 109-12 accompanying S. 254 (Comm. on Energy and 
Natural Resources).
CONGRESSIONAL RECORD, Vol. 151 (2005):
            Apr. 12, considered and passed House.
            July 26, considered and passed Senate.

                                  <all>