A complete substitute amendment. The bill's short title year was updated from 2025 to 2026, map references for both conveyances were changed, and the reversion clause for conveyed properties was modified to grant the Secretary discretion. Additionally, the acreage for the Apache County conveyance was reduced.
Apache County and Navajo County Conveyance Act of 2026
- Sponsor
- Rep. Crane, Elijah [R-AZ-2]
- Committees
- Energy and Natural Resources Committee (primary)
- Last action
- Jul 23, 2026
Bottom line
This bill facilitates the expansion of two local cemeteries in Arizona by transferring federal land to the respective counties, ensuring continued local control and use for burial purposes while providing the Secretary of Agriculture with discretion over reversion.
What it actually does
This bill mandates the Secretary of Agriculture to convey specific parcels of National Forest System land within the Apache-Sitgreaves National Forests to Navajo County and Apache County in Arizona. These conveyances are intended for the expansion of existing cemeteries and are to be made without monetary consideration, with the counties responsible for all associated costs. The bill also includes a reversion clause, granting the Secretary discretion to reclaim the land if it is not used for cemetery purposes.
Proponents argue
Proponents argue that this bill addresses a critical local need for cemetery space, allowing communities to manage their burial grounds effectively. It represents a practical solution for local governments to acquire federal land for essential public use, streamlining a process that might otherwise be lengthy and complex. The discretionary reversion clause provides necessary flexibility for both the federal government and the counties.
Opponents contend
Opponents might raise concerns about the precedent of conveying federal lands without consideration, even for public use, and the potential loss of National Forest System land. They might also question the adequacy of environmental reviews or whether alternative non-federal lands were considered, and whether the discretionary reversion clause weakens accountability for land use.
The bill is concise and clearly written, making it easy for an informed reader to understand its provisions quickly.
Section 2
Conveyance of National Forest Land to Navajo County, Arizona
This section requires the Secretary of Agriculture to convey approximately 5 acres of National Forest System land in the Apache-Sitgreaves National Forests to Navajo County, Arizona. This land, depicted on the 'Pinedale Cemetery' map dated February 18, 2026, includes an existing cemetery parcel (2.5 acres) and a proposed expansion parcel (2.5 acres). The conveyance is without monetary consideration, subject to valid existing rights, and requires the County to pay all associated costs. The land must be used as a cemetery, with a discretionary reversion clause if used inconsistently.
Supporters argue
Supporters argue this provision directly serves the public interest by enabling Navajo County to expand essential public services, specifically cemetery facilities, which are vital for local communities. The transfer is efficient and addresses a clear local need for burial space.
Critics contend
Critics might argue that even small parcels of National Forest System land should be retained for conservation or other public uses, and that conveying land without monetary consideration sets a problematic precedent for federal land management.
Tradeoffs
This provision balances the local community's need for cemetery expansion against the principle of retaining federal lands for broader public and environmental purposes, while also considering the administrative burden and costs of such transfers.
Section 3
Conveyance of National Forest Land to Apache County, Arizona
This section requires the Secretary of Agriculture to convey approximately 8.17 acres of National Forest System land in the Apache-Sitgreaves National Forests to Apache County, Arizona. This land, depicted on the 'Alpine Cemetery' map dated February 18, 2026, includes an existing cemetery parcel (2.00 acres) and a proposed expansion parcel (6.17 acres). Similar to the Navajo County conveyance, it is without monetary consideration, subject to valid existing rights, and requires the County to pay all associated costs. The land must be used as a cemetery, with a discretionary reversion clause if used inconsistently.
The reversion clause for both conveyances now grants the Secretary of Agriculture discretion to determine if the property should revert to the United States if it is used inconsistently with its required use as a cemetery, based on whether reversion is in the best interest of the United States.
Section 2(g) and Section 3(g)
Why it matters:This is a substantive amendment that modifies the strictness of the reversion, likely to provide flexibility to the Secretary and potentially the counties. It's a standard legislative amendment process, not necessarily evasive, but its impact is significant.
Case for: Proponents of this change would argue that it provides necessary flexibility, allowing the Secretary to consider specific circumstances before forcing a reversion, which could be administratively burdensome or not truly serve federal interests in all cases of minor non-compliance. It avoids automatic reversion for potentially minor infractions.
Case against: Critics might argue that adding discretion weakens the enforcement mechanism for the required land use, potentially allowing counties to deviate from the intended purpose without consequence if the Secretary chooses not to act. It could be seen as reducing accountability for the land's designated use.
Estimated impact: This change shifts the enforcement power and potential liability for land use, impacting the long-term certainty of the land's status for the counties and the oversight role of the federal government.