Small Cemetery Conveyance Act
Officially: “Small Cemetery Conveyance Act” Read the full text
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1Short title
This section would give the Act the short title "Small Cemetery Conveyance Act."
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1. Short title This Act may be cited as the Small Cemetery Conveyance Act .
2Conveyances of certain cemeteries
This section would amend the Small Tract Act of 1983 to let the Secretary of Agriculture give away certain cemetery land for free. It would add cemetery conveyances as a third allowed purpose under section 2(a) of that Act, alongside the purposes already listed there. It would also take the existing reference to a cemetery (including up to 1 acre of adjacent land) out of the list of land uses in section 3(6) of that Act, leaving that list to cover a landfill and whatever else it already listed there, since cemetery conveyances would now be handled by a new section 9 added to the Act. Under that new section 9, the Secretary of Agriculture could convey, without any payment, to a qualified person any parcel of land that is or was used as a cemetery, including up to 1 acre of land next to it. Any such conveyance would come with a condition: the property could be used only to operate a cemetery. If the Secretary later determined that the land was being used for some other purpose, the Secretary could, at the Secretary's own discretion, take back all right, title, and interest in the parcel, including any buildings or other improvements on it, so that it reverts to the United States. The Secretary could also waive any requirement that section 4 of the Small Tract Act would otherwise apply to a cemetery conveyance to a qualified person, if the Secretary determined a waiver was appropriate based on that qualified person's demonstrated need; this waiver power would be in addition to, not instead of, whatever waiver authority the Secretary already has under the last sentence of section 4. New section 9 also defines the terms it uses. A "cemetery" would mean a natural or prepared physical location, whether below, on, or above the surface of the earth, where human remains are placed, as long as the location is part of a death rite or ceremony of a culture, or is a common burying ground of a community, or is determined to be a cemetery by an Indian Tribe, and the Secretary determines the parcel is 40 acres or less; both the cultural, community, or Tribal connection and the 40-acre size limit would have to be met. "Indian Tribe" would mean 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 on the most recent list published under the Federally Recognized Indian Tribe List Act of 1994. A "qualified land grant-merced" would mean a community land grant issued under the laws or customs of the government of Spain or Mexico that is recognized under New Mexico Statutes Chapter 49, Articles 1 and 4 (or a successor statute), and that either has a record of historical or traditional use on federal land under the Secretary's jurisdiction, or has a patented exterior boundary that is or was located on or next to federal land under the Secretary's jurisdiction. A "qualified person" would mean a State or local government, an Indian Tribe, or a qualified land grant-merced that has a bona fide interest or historic claim to the cemetery. Finally, this section states that nothing in it, or in the amendments it makes, changes, waives, or otherwise affects how the Native American Graves Protection and Repatriation Act applies.
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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: 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. ).
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In the House.