PUBLIC LAW 109–46—AUG. 2, 2005
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 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.
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