HR 4284119th CongressIntroduced

Small Cemetery Conveyance Act

Introduced: Jul 2, 2025

Infrastructure

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Small Cemetery Conveyance Act would amend the Small Tract Act of 1983 to allow the Secretary of Agriculture to convey certain parcels of land that are used, or have been used, as cemeteries to qualified recipients without any payment. Conveyances would be limited to parcels (including adjacent tracts up to 1 acre) used as cemeteries and would come with conditions: the land must be used for operating a cemetery, and if it is later used for a different purpose, ownership could revert to the United States. The bill also provides a waiver mechanism to forego standard conveyance costs in certain cases and defines key terms (cemetery, Indian tribe, qualified land grant-merced, and qualified person). Importantly, the bill clarifies that nothing in this act alters the Native American Graves Protection and Repatriation Act (NAGPRA). The overall aim is to facilitate the transfer of specific cemetery land to entities with a legitimate interest or historic claim, while preserving federal ownership if the land’s use diverges from cemetery purposes.

Key Points

1Creates Section 9 of the Small Tract Act establishing a process for the Secretary to convey, without consideration, parcels of land used as cemeteries (including a adjacent parcel up to 1 acre) to “qualified persons.”
2A conveyed cemetery parcel must be used exclusively for operating a cemetery; if misused, the United States may reclaim the property (reversion) at the Secretary’s discretion.
3Allows the Secretary to waive the usual conveyance cost requirements for qualified recipients if appropriate based on demonstrated need; this adds to existing authority to waive costs.
4Defines key terms:
5- Cemetery: a location where human remains are deposited, recognized by culture or Indian Tribe, and up to 40 acres.
6- Qualified person: a State/local government, Indian Tribe, or qualified land grant-merced with a bona fide interest or historic claim to the cemetery.
7- Qualified land grant-merced: a Spanish/Mexican land grant that has historical recognition and a link to Federal land records or boundaries.
8Makes amendments to the broader Small Tract Act provisions (modifying references to cemeteries and related categories) and adds a specific prohibition against altering NAGPRA protections through this act.

Impact Areas

Primary group/area affected- Potential recipients: State or local governments, Indian Tribes, and qualified land grant-merceds with a legitimate historical or communal interest in a cemetery.- Cemeteries on federal lands managed under the Small Tract Act framework, especially those that are small in size (up to 40 acres for cemetery definition).- The Department of Agriculture, specifically the Secretary and relevant land-managing agencies within the Forest Service or other USDA land units that administer Small Tract Act conveyances.Secondary group/area affected- Native American communities and tribal governments, given the cemetery definition and the NAGPRA safeguard, ensuring sacred or cultural remains are not affected beyond the act’s scope.- Local governments and communities with historic cemeteries may gain easier access to formalized ownership and ongoing cemetery operation.Additional impacts- Property management and stewardship: potential improvements in cemetery upkeep and long-term management through formal conveyance to a local or tribal authority.- Legal and land-title stability: conveyances without consideration could affect land records, local property taxes, and future land-use planning for the conveyed parcels.- Compliance with cultural heritage laws: explicit note that NAGPRA remains unaffected, helping to prevent conflicts with federal protections on Native American graves and related cultural resources.- Fiscal implications: the “without consideration” transfer reduces upfront federal revenue from these parcels but may streamline administration and maintenance responsibility to qualifying entities.

Generated by gpt-5-nano on Oct 2, 2025