Technical corrections only. The two versions of H.R. 4284 are substantively identical, with the only difference being the attestation of the Clerk of the House. No substantive policy changes were made between the engrossed House version (v3) and the version referred to the Senate (v4).
Small Cemetery Conveyance Act
- Sponsor
- Rep. Leger Fernandez, Teresa [D-NM-3]
- Committees
- Agriculture, Nutrition, and Forestry Committee (primary)
- Last action
- Mar 17, 2026
Bottom line
The Small Cemetery Conveyance Act streamlines and formalizes the process for transferring small federal land parcels used as cemeteries to qualified local entities, including tribal governments, without cost.
What it actually does
This bill amends the Small Tract Act of 1983 to specifically authorize the Secretary of Agriculture to convey certain parcels of federal land, without charge, if they are currently or were previously used as cemeteries. It establishes a new section within the Act dedicated to these conveyances, including definitions for 'cemetery,' 'Indian Tribe,' and 'qualified person,' and allows for the waiver of associated conveyance costs. The bill also clarifies that it does not affect the Native American Graves Protection and Repatriation Act.
Proponents argue
Supporters argue this bill provides a clear and efficient mechanism for transferring management of historic or culturally significant cemeteries on federal land to appropriate local entities, such as state or local governments, Indian Tribes, or qualified land grant-merceds. They contend that allowing these conveyances without consideration and waiving costs ensures that communities can maintain these sites, which often hold deep historical and personal value, without undue financial burden. This bill also respects the unique claims of Indigenous communities and historic land grants to ancestral burial grounds.
Opponents contend
Critics might raise concerns about the conveyance of federal land without consideration, arguing that it represents a loss of public assets that could otherwise generate revenue or be used for other public purposes. While the bill includes a reversion clause, opponents could question the administrative burden and cost of monitoring compliance with the 'cemetery use only' condition, and whether the waiver of conveyance costs could set a precedent for other land transfers.
The bill is short and clearly written, making it accessible for a quick read and easy to understand its core provisions.
Section 2(a)(1) and (3), adding Section 9(a) to the Small Tract Act of 1983
Authorization for No-Consideration Cemetery Conveyances
This provision grants the Secretary of Agriculture explicit authority to transfer ownership of federal land parcels, without requiring payment, if those parcels are currently or were previously used as cemeteries. This includes an adjacent parcel of up to one acre. The transfer can only be made to a 'qualified person,' which includes state or local governments, Indian Tribes, or specific land grant-merceds with a bona fide interest or historic claim.
Supporters argue
Supporters argue this provision ensures that communities, particularly those with historical ties, can properly care for and preserve cemeteries without the financial burden of purchasing the land. It respects local and cultural heritage by facilitating the transfer of these sensitive sites.
Critics contend
Some may argue that conveying federal land without consideration could be seen as a giveaway of public assets, even for cemeteries. They might contend that a fair market value should be sought, or that the federal government should retain ownership and responsibility.
Tradeoffs
The bill balances the federal government's role as a land steward with the desire to empower local communities and respect historical claims to sacred sites. The tradeoff is the loss of potential revenue from land sales versus the benefit of community stewardship and cultural preservation.
Section 2(a)(3), adding Section 9(b) and (c) to the Small Tract Act of 1983
Cemetery Use Condition and Reversion Clause
Any land conveyed under this Act must be used solely for the purpose of operating a cemetery. If the Secretary of Agriculture determines that the parcel is used for any other purpose, the ownership of the land, including any improvements, may revert back to the United States at the Secretary's discretion. This condition is designed to ensure the land's continued use for its intended purpose.
Section 2(a)(3), adding Section 9(d) to the Small Tract Act of 1983
Waiver of Conveyance Costs
This provision allows the Secretary of Agriculture to waive any administrative costs associated with the conveyance of cemetery parcels if the Secretary determines that such a waiver is appropriate based on the demonstrated need of the qualified person receiving the land. This authority is in addition to any existing waiver authorities.
Section 2(b)
Rule of Construction Regarding NAGPRA
This section explicitly states that nothing in this Act or its amendments should be interpreted to modify, waive, or otherwise affect the application of the Native American Graves Protection and Repatriation Act (NAGPRA). This ensures that the existing protections and processes for Native American human remains and cultural items remain fully in force.
This amendment removes 'a cemetery (including a parcel of not more than 1 acre adjacent to the parcel used as a cemetery)' from the list of parcels that can be conveyed under the general authorities of the Small Tract Act of 1983. This means that conveyances of cemetery parcels are now exclusively governed by the new Section 9 added by this bill.
Section 2(a)(2), amending Section 3(6) of the Small Tract Act of 1983
Why it matters:This is standard legislative practice for amending existing statutes to streamline and consolidate related authorities. It ensures that the new, more specific provisions for cemeteries are the sole mechanism for such conveyances, preventing potential conflicts or ambiguities with older, broader authorities.
Case for: Centralizing cemetery conveyances under a single, dedicated section ensures consistency in application, clear conditions, and specific definitions tailored to these sensitive sites. It prevents confusion that might arise from multiple, potentially overlapping authorities.
Case against: No significant case against this specific structural change, as it aims to clarify and consolidate rather than restrict or expand. However, if the new Section 9 were to be overly restrictive, this consolidation would remove alternative pathways for conveyance.
Estimated impact: This change structurally impacts how all future federal cemetery land conveyances will be processed under the Small Tract Act, ensuring they follow the specific rules outlined in the new Section 9.