Small Cemetery Conveyance Act
- Bill Number
- H.R. 4284
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Public Lands and Natural Resources
- Status
- Passed House
- Latest Action
- 2026-03-17: Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- Last Updated
- 2026-06-11T05:06:26Z
AI-Generated Summary
Purpose
The Small Cemetery Conveyance Act (H.R. 4284) aims to preserve historical and cultural cemeteries on federal lands by authorizing the Secretary of Agriculture to transfer ownership of these sites for free to eligible local or tribal entities that have a legitimate interest in maintaining them as burial grounds.
Key Provisions
- Authority for Conveyance: The Secretary of Agriculture can transfer, without requiring payment (known as "without consideration"), parcels of federal land currently or previously used as cemeteries, including up to 1 acre of adjacent land. These transfers are governed by a new Section 9 added to the Small Tract Act of 1983.
- Use Restriction: Transferred land must continue to be used only as a cemetery. If the land is used for any other purpose, ownership can revert back to the United States at the Secretary's discretion.
- Waiver of Costs: The Secretary can waive administrative fees or other requirements typically applied to land conveyances if the recipient demonstrates a clear need, providing flexibility for resource-limited recipients.
- Definitions:
- Cemetery: A site for human remains burial, tied to cultural rites, community practices, or determinations by Indian Tribes; limited to 40 acres or less.
- Indian Tribe: Any federally recognized Native American or Alaska Native group listed under federal law.
- Qualified Land Grant-Merced: Community land grants in New Mexico originating from Spanish or Mexican governance, recognized under state law, with historical ties to federal lands.
- Qualified Person: A state or local government, Indian Tribe, or qualified land grant-merced with a genuine historical or legal claim to the cemetery.
- Rule of Construction: The Act does not alter or weaken the Native American Graves Protection and Repatriation Act (NAGPRA), a federal law that protects Native American graves, sacred objects, and cultural items.
Significant Changes to Existing Law
- Amends the Small Tract Act of 1983 (which generally allows sales or exchanges of small federal land parcels) by explicitly adding cemetery conveyances as a permitted use, without payment.
- Removes prior language that treated cemeteries as exceptions (along with landfills) in certain conveyance restrictions under Section 3(6), making them eligible for free transfer under the new rules.
- Introduces new flexibility for waiving costs, building on but expanding existing waiver authority in the Act.
Potential Impacts
- On Government Agencies: The U.S. Department of Agriculture (likely through the Forest Service, which manages much federal land) gains authority to offload maintenance responsibilities for small, culturally significant sites, potentially reducing costs while ensuring preservation. It may streamline land management by transferring stewardship to local entities.
- On Citizens: Communities, families, or descendants with ties to historical cemeteries on federal land can gain ownership, aiding preservation of burial sites that might otherwise face neglect or restricted access. This could enhance local cultural heritage without financial barriers for eligible groups.
- On International Relations: No direct impacts, as the Act focuses on domestic federal lands and U.S. tribal or community entities.
Main Stakeholders Affected
- Indian Tribes: Benefit from recognition of their determinations on cemetery status and ability to claim sites with cultural significance.
- Qualified Land Grant-Merceds: New Mexico-based community groups with historical Spanish/Mexican land grants can acquire adjacent or related federal cemetery parcels.
- State and Local Governments: Eligible to receive transfers if they have a valid interest, supporting public maintenance of community burial grounds.
- General Public and Communities: Indirectly affected through preservation of accessible historical sites, particularly in rural or forested areas managed by federal agencies.
Notable Legal, Constitutional, or Political Implications
- Legal: Reinforces cultural preservation by aligning with existing laws like NAGPRA, ensuring no interference with protections for Native American remains. The reversion clause provides a safeguard against misuse, maintaining federal oversight.
- Constitutional: Supports tribal sovereignty (a key constitutional principle in U.S.-tribal relations) by empowering Indian Tribes in cemetery designations and claims, without raising broader property rights conflicts.
- Political: Promotes bipartisan interests in cultural heritage and land management efficiency, potentially easing tensions over federal land use in the American West, especially in states like New Mexico with historical land grant communities. It avoids controversy by limiting conveyances to small, non-commercial parcels.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Leger Fernandez, Teresa [D-NM-3]
Cosponsors (1)
Recent Actions
- 2026-03-17: Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
- 2026-03-16: Motion to reconsider laid on the table Agreed to without objection.
- 2026-03-16: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2510)
- 2026-03-16: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2510)
- 2026-03-16: DEBATE - The House proceeded with forty minutes of debate on H.R. 4284.
- 2026-03-16: Considered under suspension of the rules. (consideration: CR H2510-2511)
- 2026-03-16: Mr. Westerman moved to suspend the rules and pass the bill, as amended.
- 2026-01-14: Placed on the Union Calendar, Calendar No. 389.
- 2026-01-14: Committee on Agriculture discharged.
- 2026-01-14: Committee on Agriculture discharged.
- 2026-01-14: Reported by the Committee on Natural Resources. H. Rept. 119-454, Part I.
- 2026-01-14: Reported by the Committee on Natural Resources. H. Rept. 119-454, Part I.
- 2025-12-17: Ordered to be Reported by Unanimous Consent.
- 2025-12-17: Committee Consideration and Mark-up Session Held
- 2025-12-17: Subcommittee on Federal Lands Discharged
Bill Versions
- Small Cemetery Conveyance Act — issued 2026-03-16 — PDF (8 pages)
- Small Cemetery Conveyance Act — issued 2025-07-02 — PDF (5 pages)
- Small Cemetery Conveyance Act — issued 2026-03-17 — PDF (6 pages)
- Small Cemetery Conveyance Act — issued 2026-01-14 — PDF (8 pages)