This act establishes a process for the Secretary to convey up to 40 acres of federal land used as a cemetery to a qualified entity, strictly for cemetery operations.
Teresa Leger Fernandez
Representative
NM-3
The Small Cemetery Conveyance Act establishes a streamlined process for the Secretary to convey up to 40 acres of federal land used as a cemetery to a qualified entity, such as a state, local government, or Indian Tribe. This transfer must be for the express purpose of operating a cemetery, with the government retaining the right to reclaim the property if the condition is violated. The Act also grants the Secretary authority to waive associated transfer costs for qualified recipients.
Federal Land Bill Clears Path for Tribes and Towns to Secure Historical Cemeteries Up to 40 Acres
If you’ve ever tried to figure out who actually owns that tiny, forgotten cemetery tucked away on what looks like federal land, you know the headache. The Small Cemetery Conveyance Act is designed to cut through that bureaucratic mess by creating a specific, streamlined process for the government to give away small parcels of land that have been used as burial grounds.
The Final Resting Place, Secured
What this bill does is amend existing land management law to allow the Secretary (of the Interior, presumably, given the context of federal land) to transfer federal land that is, or was, a cemetery—up to 40 acres in size—for free. This isn't a free-for-all land grab; the recipients are strictly defined as a "qualified person." This includes state or local governments, federally recognized Indian Tribes, or specific historical land grant-merced groups, primarily tied to New Mexico law. Think of it as finally giving local communities and Tribes the clear title to manage and maintain these historical sites.
The Catch: Cemetery Use Only
The biggest detail here is the restriction: when the government hands over the deed, it comes with a major condition. That land must be used for operating a cemetery. Period. If the recipient—say, a local county or a Tribe—decides to turn the land into a parking lot, a storage facility, or anything else, the bill gives the government the right to take the property back, including any buildings on it. This is a crucial check, ensuring that historical burial grounds stay dedicated to their memorial purpose and don't get repurposed down the road.
Waiving the Fees and Keeping Promises
Land transfers often come with administrative fees and costs. The bill grants the Secretary the power to waive these standard costs if the recipient can show a "demonstrated need." For a small, cash-strapped local government or a Tribe managing limited resources, this cost waiver could be the difference between taking on the responsibility of a historical cemetery and having to leave it in limbo. It’s a practical provision acknowledging that preserving history shouldn't be reserved only for those who can afford the paperwork.
Crucially, the bill makes it clear that this new process does not override or change the Native American Graves Protection and Repatriation Act (NAGPRA). This is important because it ensures that existing protections for Native American cultural items and human remains remain fully in force, adding a layer of assurance for Tribal communities engaging in this conveyance process. The intent here seems to be providing a clear path for land ownership without eroding existing legal safeguards.