Page:United States Statutes at Large Volume 119.djvu/466

 119 STAT. 448

PUBLIC LAW 109–46—AUG. 2, 2005

Public Law 109–46 109th Congress An Act Aug. 2, 2005 [H.R. 541]

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.

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.

Deadline.

VerDate 14-DEC-2004

08:19 Oct 26, 2006

(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 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

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