SMALL CEMETERY CONVEYANCE ACT

SMALL CEMETERY CONVEYANCE ACT

Congressional Record, Volume 172 Issue 47 (Monday, March 16, 2026) [Congressional Record Volume 172, Number 47 (Monday, March 16, 2026)] [House] [Pages H2510-H2511] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SMALL CEMETERY CONVEYANCE ACT Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the bill (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, as amended. The Clerk read the title of the bill. The text of the bill is as follows: H.R. 4284 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.). The SPEAKER pro tempore. Pursuant to the rule, the gentleman from Arkansas (Mr. Westerman) and the gentlewoman from Maryland (Ms. Elfreth) each will control 20 minutes. The Chair recognizes the gentleman from Arkansas. General Leave Mr. WESTERMAN. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on H.R. 4284, the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from Arkansas? There was no objection. Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in support of Representative Leger Fernandez' bill, H.R. 4284, the Small Cemetery Conveyance Act. Mr. Speaker, all across the West, there are small, historic cemeteries in rural communities that sit on or adjacent to Federal land. These are places where families and communities have laid their loved ones to rest for generations long before jurisdictional boundaries were drawn on a map. Due to the Federal Government's large footprint all around these large cemeteries, basic access for upkeep, ceremonies, or simply paying respects to loved ones can turn into a bureaucratic mess. H.R. 4284 is a commonsense fix. It gives the U.S. Forest Service, which administers a significant portion of the lands near or under these cemeteries, clear authority under the Small Tract Act to transfer small cemetery parcels to the people who are best positioned to care for them, the local and Tribal Governments with close connections to those laid to rest. Rather than going through the lengthy process of requiring an act of Congress to convey each individual parcel on a one-off basis, this bill establishes a legal framework for communities to gain possession of historic cemeteries. The legislation respects local stewardship and reduces the Federal footprint, all while ensuring safeguards are in place to make sure that these hallowed sites are used as cemeteries in perpetuity. This bill puts locals in charge of the cemeteries they have maintained for centuries, allowing the Forest Service to focus on their core mission: restoring health and resiliency to our Nation's overgrown, fire-prone Federal lands. This bill removes red tape from the burdensome process of transferring land in these special cases so that local communities can more easily honor their loved ones and be stewards of the places where their ancestors are at peace. I support this bipartisan piece of legislation. I thank Representative Leger Fernandez and Representative Hurd for their work together on this bill. Mr. Speaker, I reserve the balance of my time. [[Page H2511]] U.S. House of Representatives, Committee on Agriculture, Washington, DC, January 13, 2025. Hon. Bruce Westerman, Chairman, Committee on Natural Resources, Washington, DC. Dear Mr. Chairman: This letter confirms our mutual understanding regarding H.R. 4284, the ``Small Cemetery Conveyance Act.'' Thank you for collaborating with the Committee on Agriculture on the matters within our jurisdiction. The Committee on Agriculture will forego any further consideration of this bill. However, by foregoing consideration at this time, we do not waive any jurisdiction over any subject matter contained in this or similar legislation. The Committee on Agriculture also reserves the right to seek appointment of an appropriate number of conferees, should it become necessary, and ask that you support such a request. We would appreciate a response to this letter confirming this understanding with respect to H.R. 4284 and request a copy of our letters on this matter be published in the Congressional Record during Floor consideration. Sincerely, Glenn ``GT'' Thompson, Chairman. ____ U.S. House of Representatives, Committee on Natural Resources, Washington, DC, January 13, 2026. Hon. Glenn Thompson, Chairman, Committee on Agriculture, Washington, DC. Dear Chairman Thompson: I write regarding H.R. 4284, the ``Small Cemetery Conveyance Act,'' which was ordered reported by the Committee on Natural Resources on December 17, 2025. I recognize that the bill contains provisions that fall within the jurisdiction of the Committee on Agriculture and appreciate your willingness to forgo further consideration of the bill. I acknowledge that the Committee on Agriculture will not formally consider H.R. 4284 and agree that the inaction of your Committee with respect to the bill does not waive any jurisdiction over the subject matter contained therein. I am pleased to support your request to name members of the Committee on Agriculture to any conference committee to consider such provisions. I will ensure that our exchange of letters is included in the Congressional Record during floor consideration of the bill and will include such letters in the committee report on H.R. 4284. I appreciate your cooperation regarding this legislation. Sincerely, Bruce Westerman, Chairman. ____ House of Representatives, Committee on Agriculture, Washington, DC, June 30, 2025. Hon. Bruce Westerman, Chairman, Committee on Natural Resources, Washington, DC. Dear Mr. Chairman: This

Referenced legislation: HR1665, HR4284