[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 letter confirms our mutual
understanding regarding H.R. 1665, the ``DIGITAL Applications
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. 1665 and request a
copy of our letters on this matter be published in the
Congressional Record during Floor consideration.
Sincerely,
Glenn ``GT'' Thompson,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, July 1, 2025.
Hon. Glenn ``GT'' Thompson,
Chairman, Committee on Agriculture,
Washington, DC.
Dear Mr. Chairman: I write regarding our mutual
understanding of H.R. 1665, the DIGITAL Applications Act,
which was ordered report by the Committee on Natural
Resources.
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. 1665 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. I appreciate your cooperation
regarding this legislation.
Sincerely.
Bruce Westerman,
Chairman, Committee on Natural Resources.
Ms. ELFRETH. Mr. Speaker, I rise today in support of H.R. 4284, the
Small Cemetery Conveyance Act, introduced by the gentlewoman from New
Mexico (Ms. Leger Fernandez).
Mr. Speaker, H.R. 4284 amends the Small Tract Act of 1983 to allow
States, local governments, federally recognized Tribes, and land-grant
mercedes to request small conveyances of cemetery land. As the chairman
said, this is an important update that sets out to fix a deeply
personal problem for many rural communities, particularly in the West.
Land grant and Tribal communities have existed long before the United
States of America or the Forest Service were around. Today, many of
these communities find their cemeteries located on Forest Service land,
and this bill will enhance access and improve stewardship of these
important tracts.
While H.R. 4284 waives the need to pay for or exchange land for these
sites, this does not signify a giveaway or sell-off of these public
lands. This is, rather, about dignity and respect.
Importantly, this bill requires all conveyed lands to be managed as a
cemetery in perpetuity, and this ensures an ongoing public purpose and
allows communities to take care of their ancestors for generations to
come.
I thank the gentlewoman from New Mexico (Ms. Leger Fernandez) and the
gentleman from Colorado (Mr. Hurd) for their efforts to return these
important burial sites to their constituents.
Mr. Speaker, I ask my colleagues to vote ``yes'' on this bill, and I
reserve the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I have no further requests for time. I am
prepared to close, and I reserve the balance of my time.
Ms. ELFRETH. Mr. Speaker, again, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this is a simple, bipartisan measure that serves the
spiritual needs of rural, Tribal, and local communities across the
West. It lightens the administrative burden on the Forest Service and
reduces the Federal footprint. Above all, it returns the protection and
care of local cemeteries to those with the closest connections to them.
Mr. Speaker, I urge my colleagues to support this bill, and I yield
back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 4284, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________