Small Cemetery Conveyance Act
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The bill would let the Forest Service transfer up to 40-acre cemetery parcels on national forest land to states, local governments, tribes, or qualifying New Mexico community land grants at no cost, as long as the land keeps being used as a cemetery.
It matters mainly to a small number of communities with historic burial grounds on federal forest land that currently lack a straightforward path to take ownership and maintain those sites.
What this bill would do
What it would do
The bill would amend the Small Tract Act of 1983 to let the Secretary of Agriculture, acting through the Forest Service, convey without payment any parcel of land of 40 acres or less that is used or was previously used as a cemetery, including up to one adjacent acre, to a state or local government, an Indian Tribe, or a qualifying New Mexico community land grant with a bona fide interest or historic claim to the site. The Forest Service could also waive certain conveyance costs based on demonstrated need. Conveyed land would have to keep being used as a cemetery; if it is not, the Forest Service could reclaim the land and any improvements. The bill states it does not affect the Native American Graves Protection and Repatriation Act, and it makes no other changes to how Forest Service land is managed.
Key provisions
- 1Would authorize the Forest Service to convey, without payment, cemetery parcels of 40 acres or less (plus up to 1 adjacent acre) to qualified state, local, tribal, or land-grant entities.
- 2Would require conveyed cemetery land to continue being used as a cemetery, subject to reversion to the United States if it is not.
- 3Would let the Forest Service waive certain conveyance costs based on a recipient's demonstrated need.
- 4Would define eligible recipients, including a specific definition for New Mexico community land grant-mercedes with historical ties to federal land.
- 5Clarifies that nothing in the amendment affects the Native American Graves Protection and Repatriation Act.
Who would be affected
State and local governments, federally recognized Indian Tribes, and New Mexico community land grants ("land grant-mercedes") that maintain or claim historic cemeteries located on Forest Service land, along with the Forest Service offices that process these land conveyances.
Why it matters
Eligible communities could gain formal, cost-free ownership of cemetery land they may already care for informally, simplifying maintenance and burial rights. The reversion clause means the Forest Service could take the land back if it stops being used as a cemetery, preserving some federal oversight.
What would change
Changes to existing law
Amends Small Tract Act of 1983 (16 U.S.C. 521c et seq.) (Sec. 2)
Adds new Section 9 authorizing no-cost conveyance of small cemetery parcels to qualified states, tribes, or land grants, with reversion and cost-waiver provisions.
Agencies directed to act
Funding and costs
Congressional Budget Office estimate
CBO estimates H.R. 4284 would have a negligible effect on the federal deficit — with direct spending changes between zero and $500,000 — and would cost approximately $1 million in discretionary spending over the 2026–2031 period.
CBO estimates that H.R. 4284, the Small Cemetery Conveyance Act, would have a negligible net effect on direct (mandatory) spending and no effect on revenues over the 2026–2036 period, with all changes falling between zero and $500,000. The bill would allow the Department of Agriculture to transfer, at no charge, up to 129 National Forest System cemetery parcels to state or local governments, Indian Tribes, or certain New Mexico land-grant communities; under current law those permits generate less than $5,000 annually in receipts, so the loss of those receipts would have only a minimal budgetary impact. Administrative costs for processing the conveyances — estimated at less than $50,000 per parcel — would total roughly $1 million over 2026–2031 and would be subject to future appropriations (discretionary spending). CBO identified no intergovernmental or private-sector mandates in the bill.
How implementation would work
The Forest Service would determine, on a case-by-case basis, whether a parcel qualifies as a cemetery of 40 acres or less and whether a requesting government, tribe, or land grant has a bona fide or historic claim to it. Recipients would receive title without payment, subject to a continuing-use restriction; the Forest Service could waive standard conveyance costs for applicants showing demonstrated need, and could unilaterally revert ownership if the land stops being used as a cemetery.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Official CRS summary
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This bill authorizes the Forest Service to convey, without a payment or exchange in land, a cemetery to a state government, local government, Indian tribe, or certain community land grant that has a bona fide interest or historic claim to the cemetery. This authorization applies to up to 40 acres of land that was used, or previously used, as a cemetery, including up to 1 acre adjacent to the land used as a cemetery.
The conveyed land must continue to be used as a cemetery. If it is not used for that purpose, the Forest Service may revert the land and any improvements back to the United States.
The Forest Service may waive certain conveyance costs upon the demonstrated need of a state government, local government, Indian tribe, or community land grant.
Legislative subjects
Cemeteries and funerals; Land transfers; Land use and conservation; Public Lands and Natural Resources
Committee report
H. Rept. 119-454