Federal Land Handover: Small Cemeteries on Public Land Can Now Be Given Away for Free

The newly proposed Small Cemetery Conveyance Act is a straightforward piece of legislation that aims to clean up some administrative headaches regarding small burial grounds currently sitting on federal land.

The Deal: Transferring Old Burial Plots

This bill amends the Small Tract Act of 1983, giving the Secretary of the Interior the green light to transfer certain cemetery properties at no cost to specific local entities. Think of it as the government finally deciding to hand over the keys to that small, historic cemetery plot that’s technically on federal property but has been managed by the local town or Tribe for generations. The key detail here is the size limit: the cemetery parcel must be 40 acres or less.

Who Gets the Keys?

This isn't a free-for-all land giveaway. The transfer can only go to a "qualified person" with a "legitimate interest or historic claim" to that specific cemetery. The bill defines these qualified recipients narrowly: State or local governments, Indian Tribes, or specific Qualified land grant-merced entities (a term highly specific to historical land grants in New Mexico). For example, if a small town has been maintaining a pioneer cemetery that happens to fall within the boundary of a National Forest, this bill provides a mechanism for the town to officially take ownership and stewardship of that land without having to buy it.

The Catch: Use It or Lose It

The bill includes a crucial safeguard: any land transferred must be used only for operating a cemetery. If the receiving entity tries to turn the old graveyard into, say, a parking lot or a housing development, the United States government can reclaim full ownership and title to the property, including any improvements. This reversion clause ensures that the land continues serving its original, solemn purpose. Furthermore, the bill explicitly states that this conveyance authority does not modify or waive the protections provided under the Native American Graves Protection and Repatriation Act (NAGPRA), which is important for protecting ancestral sites.

The Real-World Impact

For most people, this bill won't change much day-to-day. But for certain communities, especially Indian Tribes and local governments dealing with historical sites, this is a big deal. It formalizes control over ancestral or community burial sites that were previously stuck in federal bureaucratic limbo. It simplifies management and allows the local entity with the deepest historical connection to properly care for the land. Plus, the Secretary can waive administrative fees for these transfers if the qualified entity demonstrates a need, which removes a potential financial hurdle for smaller governments or Tribes.

In short, this legislation is a targeted, low-drama solution to a very specific land management problem, ensuring that small, historic burial grounds are transferred to the people best suited to look after them, and that they stay burial grounds.