H.R. 4284

119th CONGRESS 1st Session

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 · Sponsor: Ms. Leger Fernandez

Table of contents

• H.R. 4284
  • SEC. 1. Short title
  • SEC. 2. Conveyances of certain cemeteries

SEC. 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 () is amended— 16 U.S.C. 521c et seq.
    • in section 2(a)—
      • in paragraph (1), by striking and at the end;
      • in paragraph (2), by striking the period at the end and inserting ; and
        • to convey, without consideration, certain parcels used, or previously used, as cemeteries in accordance with section 9.
      • by adding at the end the following:
    • 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, orand inserting a landfill or; and
      • (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:
          • The term 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— cemetery
          • The term 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)
          • The term means a community land grant issued under the laws or customs of the Government of Spain or Mexico that— qualified land grant-merced
          • The term 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. qualified person
    • by adding at the end the following:
• (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.