Central Nevada Rural Cemeteries Act

108th CONGRESS
1st Session

S. 1819

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.

IN THE SENATE OF THE UNITED STATES

November 4, 2003

Mr. REID (for himself and Mr. ENSIGN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources

A BILL

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Central Nevada Rural Cemeteries Act'.

SEC. 2. CONVEYANCE TO LANDER COUNTY, NEVADA.

(a) FINDINGS- Congress finds that--

(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; and

(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. 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 Secretary, 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 subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States.

SEC. 3. CONVEYANCE TO EUREKA COUNTY, NEVADA.

(a) FINDINGS- Congress finds that--

(1) the historical use by settlers and travelers since the late 1800's 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; and

(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.

(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.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.

(A) title to the parcel shall revert to the Secretary, 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 subparagraph (A) or (B) of paragraph (2) if the Secretary determines that a waiver would be in the best interests of the United States.

END