H.R. 4284: Small Cemetery Conveyance Act

The Small Cemetery Conveyance Act aims to modify existing laws regarding the management and transfer of certain cemetery properties. This act proposes changes to the Small Tract Act of 1983, allowing the Secretary of Agriculture to convey specific parcels of land that have been, or are being used as cemeteries, and do so without charging for the property.

Key Provisions

• Conveyance of Cemetery Lands: The act enables the Secretary of Agriculture to transfer ownership of particular cemetery lands to qualified entities, free of charge. These entities can include state and local governments, Indian Tribes, or certain historical land grant organizations.
• Defined Uses: The law specifies that any conveyed cemetery land must only be used for cemetery purposes. If the property is ever used for any other purpose, the right to the land may revert back to the federal government, giving the Secretary the discretion to reclaim it.
• Conditions for Waivers: The Secretary has the authority to waive certain requirements for these transactions if a valid need is demonstrated by the recipient entity.

Definitions

In the context of the act, key terms are defined as follows:

• Cemetery: Refers to a designated area for the interment of human remains, which can be a significant cultural site. It is recognized by either local customs or Indian Tribes and must not exceed 40 acres in size.
• Qualified Person: This encompasses local or state governments, Indian Tribes, or specific land grant organizations that have established claims or interests in the cemetery land.
• Indian Tribe: Identified as any federally recognized tribal group within the United States.

Procedure for Conveyance

The legislation outlines a straightforward process for transferring these cemetery parcels, emphasizing that such transactions are meant to preserve these sites for future generations, ensuring their continued use for burial and memorial purposes.

Exemptions and Protections

Importantly, the act explicitly states that its provisions do not interfere with existing laws related to the protection of Native American graves, preserving the requirements set forth by the Native American Graves Protection and Repatriation Act.

Relevant Companies

None found.