[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4284 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 4284
To amend the Small Tract Act of 1983 to authorize the Secretary of
Agriculture to convey, without consideration, certain cemeteries, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 2, 2025
Ms. Leger Fernandez introduced the following bill; which was referred
to the Committee on Natural Resources, and in addition to the Committee
on Agriculture, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Small Tract Act of 1983 to authorize the Secretary of
Agriculture to convey, without consideration, certain cemeteries, and
for other purposes.
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 ``Small Cemetery Conveyance Act''.
SEC. 2. CONVEYANCES OF CERTAIN CEMETERIES.
(a) Amendments to Small Tract Act of 1983.--The Small Tract Act of
1983 (16 U.S.C. 521c et seq.) is amended--
(1) in section 2(a)--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting ``and''; and
(C) by adding at the end the following:
``(3) to convey, without consideration, certain parcels
used, or previously used, as cemeteries in accordance with
section 9.'';
(2) in section 3(6), by striking ``a cemetery (including a
parcel of not more than 1 acre adjacent to the parcel used as a
cemetery), a landfill, or'' and inserting ``a landfill or'';
and
(3) by adding at the end the following:
``SEC. 9. CONVEYANCES OF CERTAIN CEMETERIES.
``(a) In General.--The Secretary may convey, without consideration,
to a qualified person any parcel of land used, or previously used, as a
cemetery (including a parcel of not more than 1 acre adjacent to the
parcel used as a cemetery).
``(b) Condition of Conveyance.--A conveyance under subsection (a)
shall be subject to the condition that the property conveyed under that
subsection may only be used for the purpose of operating a cemetery.
``(c) Reversion.--If the Secretary determines that at any time a
parcel conveyed under subsection (a) is used for a purpose other than
the purpose required under subsection (b), all right, title, and
interest in and to the parcel conveyed pursuant to such subsection,
including any improvements thereon, shall, at the discretion of the
Secretary, revert to the United States.
``(d) Waiver of Conveyance Costs.--
``(1) Exception available.--The Secretary may waive the
application of any requirement under section 4 to a conveyance
to a qualified person under this section if the Secretary
determines that such a waiver is appropriate based upon the
demonstrated need of the qualified person.
``(2) Clarification of authority.--The waiver authority
under paragraph (1) shall be in addition to the authority
available to the Secretary pursuant to the last sentence of
section 4.
``(e) Definitions.--In this section:
``(1) Cemetery.--The term `cemetery' means a natural or
prepared physical location (regardless of location below, on,
or above the surface of the earth) into which human remains are
deposited--
``(A)(i) as part of--
``(I) a death rite or ceremony of a
culture; or
``(II) a common burying ground of a
community; or
``(ii) that is determined to be a cemetery
by an Indian Tribe; and
``(B) that, as determined by the Secretary, is a
parcel of land less than or equal to 40 acres.
``(2) Indian tribe.--The term `Indian Tribe' means the
governing body of any individually identified and federally
recognized Indian or Alaska Native tribe, band, nation, pueblo,
village, community, affiliated Tribal group, or component
reservation included on the most recent list published pursuant
to section 104(a) of the Federally Recognized Indian Tribe List
Act of 1994 (25 U.S.C. 5131(a)).
``(3) Qualified land grant-merced.--The term `qualified
land grant-merced' means a community land grant issued under
the laws or customs of the Government of Spain or Mexico that--
``(A) is recognized under New Mexico Statutes
Chapter 49, Articles 1 and 4 (or a successor statute);
and
``(B)(i) has a record of historical or traditional
use on Federal land under the jurisdiction of the
Secretary; or
``(ii) has a patented exterior boundary
that is or was previously located on or
adjacent to Federal land under the jurisdiction
of the Secretary.
``(4) Qualified person.--The term `qualified person' means,
with respect to a cemetery, a State or local government, Indian
Tribe, or qualified land grant-merced that has a bona fide
interest or historic claim to the cemetery.''.
(b) Rule of Construction.--Nothing in this section or an amendment
made by this section may be construed to modify, waive, or otherwise
affect the application of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001 et seq.).
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