Small Cemetery Conveyance Act
Sponsored By: Representative Rep. Leger Fernandez, Teresa [D-NM-3]
Passed House
Summary
Conveyance of small cemetery parcels to qualified entities without payment. This bill lets the Secretary transfer land used, or formerly used, as cemeteries to State or local governments, Indian Tribes, or recognized community land grants. Transfers can include up to 1 acre adjacent to a cemetery and apply to cemeteries of 40 acres or less. Each conveyance must limit the property to cemetery use and the federal government can take the land back if it is used otherwise. The Secretary may waive certain statutory transfer requirements for qualified recipients when there is demonstrated need. The Act also clarifies that these changes do not alter protections under the Native American Graves Protection and Repatriation Act.
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Bill Overview
Analyzed Economic Effects
2 provisions identified: 1 benefits, 0 costs, 1 mixed.
Native graves protections stay in place
This bill would keep the Native American Graves Protection and Repatriation Act fully in force. The cemetery transfer rules would not change how that law works. Tribes and holders of cultural items would keep the same protections and duties.
Free cemetery land for tribes and towns
This bill would let the Secretary give, for free, federal land used as a cemetery to eligible local stewards. Eligible stewards would include state or local governments, Indian Tribes, and certain New Mexico community land grants with a real claim. A cemetery parcel would be 40 acres or less, and up to 1 extra acre next to it would be included. The land would have to stay a cemetery, or the Secretary would be able to take it back. The Secretary would be able to waive some conveyance requirements when need is shown. It would also remove cemeteries from a prior exclusion so these transfers could happen.
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Sponsors & CoSponsors
Sponsor
Rep. Leger Fernandez, Teresa [D-NM-3]
NM • D
Cosponsors
Rep. Hurd, Jeff [R-CO-3]
CO • R
Sponsored 12/17/2025
Roll Call Votes
No roll call votes available for this bill.
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