119-hr4284

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4284 Introduced in House

    (IH) ]

<DOC>

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.).
 <all>