HB 4284, the Small Cemetery Conveyance Act, would amend the Small Tract Act of 1983 to let the Secretary of Agriculture convey certain federally managed parcels used, or previously used, as cemeteries without receiving payment. The bill also allows conveyance of up to one adjacent acre and limits eligible recipients to a state or local government, an Indian Tribe, or a qualified land grant-merced with a bona fide interest or historic claim to the cemetery.
The conveyance is conditioned on the property continuing to be used only as a cemetery, and the Secretary may reclaim the land if it is used for another purpose. The bill also authorizes the Secretary to waive certain conveyance requirements when there is a demonstrated need, and it defines key terms such as cemetery, Indian Tribe, qualified land grant-merced, and qualified person. It expressly states that nothing in the bill alters the Native American Graves Protection and Repatriation Act.
Impact
The bill would expand the Secretary of Agriculture’s authority under the Small Tract Act of 1983 to transfer specified cemetery parcels on federal land at no cost, including adjacent land necessary for cemetery use. It would also narrow and clarify the statutory treatment of cemeteries by removing them from one existing definition in the Small Tract Act and adding a new dedicated conveyance section with reversion, waiver, and eligibility rules. The measure is designed to facilitate transfer of small cemetery sites to public or tribal entities with a recognized interest, while preserving federal oversight and protecting existing NAGPRA obligations.
Sentiment
The available context suggests generally favorable treatment of the bill, as reflected by its advancement through committee and reporting to the House floor, followed by Senate referral. No committee transcript or recorded vote is provided, so there is no direct evidence of opposition in the supplied materials. The bill’s framing as a narrow land-conveyance measure and its explicit preservation of Native American graves protections suggest an effort to address a specific administrative and cultural preservation issue with limited controversy.
Contention
The main potential points of contention are who may receive the land and under what conditions. The bill limits eligible recipients to state or local governments, Indian Tribes, and qualified land grant-merced entities with a bona fide interest or historic claim, which could raise questions about competing claims or local versus tribal control over cemetery sites. Another possible issue is the Secretary’s discretion to waive conveyance requirements and to reclaim the property if it is used for a non-cemetery purpose. The bill also carefully avoids affecting the Native American Graves Protection and Repatriation Act, indicating sensitivity to concerns about burial sites and tribal rights.