Small Cemetery Conveyance Act

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:

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).

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.

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.

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.

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.

In this section:

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—

(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.

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)).

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

(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.

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.

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.).