[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

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 449]]
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 450]]
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):
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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.