HR4284-119

What This Bill Does

The Small Cemetery Conveyance Act amends the Small Tract Act of 1983 to create a new authority for cemetery land transfers. The Agriculture Secretary may convey without consideration any parcel used, or previously used, as a cemetery, including up to one adjacent acre, to a qualified person. The conveyed property may only be used to operate a cemetery. If it is used for another purpose, all right, title, and interest, including improvements, may revert to the United States at the Secretary's discretion. The Secretary may waive certain conveyance-cost requirements when appropriate based on demonstrated need. The bill defines cemetery broadly to include cultural death rites, common community burying grounds, or sites determined by an Indian Tribe to be a cemetery, with a parcel size of 40 acres or less. Qualified persons include State or local governments, Indian Tribes, Tribal-sanctioned organizations, nonprofit cemetery organizations, and New Mexico land grant-merced entities.

Who Benefits and How

Indian Tribes benefit because they can receive cemetery parcels tied to ancestral or culturally determined burial sites. New Mexico land grant-merced communities benefit from eligibility to receive cemetery parcels without consideration. State cemetery offices and local governments benefit from a path to acquire Federal cemetery parcels for continued cemetery operation. Nonprofit cemetery organizations benefit from potential land transfers and cost waivers. Families with relatives buried on Federal cemetery parcels benefit if local or Tribal operators can maintain the sites more directly.

Who Bears the Burden and How

The Agriculture Secretary must evaluate qualified-person applications, decide whether cost waivers are appropriate, and monitor cemetery-use restrictions. The Forest Service realty staff must process conveyances and maintain reversion records. Qualified cemetery operators must keep conveyed land limited to cemetery use. The United States gives up title without consideration but retains a discretionary reversion right for misuse. County recording offices and land managers must update records after conveyances.

Key Provisions

• Adds cemetery parcels as a Small Tract Act conveyance category.
• Authorizes conveyance without consideration to qualified persons.
• Restricts conveyed property to cemetery operation and creates a discretionary reversion to the United States for other uses.
• Allows the Secretary to waive conveyance-cost requirements based on demonstrated need.
• Defines cemetery and qualified person, including Indian Tribes, Tribal-sanctioned organizations, local governments, nonprofits, and New Mexico land grant-merced entities.