Federal cemetery land goes to tribes and communities that built it
H.R. 4284 — Small Cemetery Conveyance Act · Filed by Teresa Leger Fernandez (D-NM) · 1 cosponsor · Introduced Jul 2, 2025 · Passed chamber
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What it does
This bill amends the Small Tract Act of 1983 to allow the Secretary of Agriculture to give away (without charge) small parcels of federal land that are used or were historically used as cemeteries to state/local governments, Indian Tribes, or qualified New Mexico land grants that have a legitimate interest in them. The land must stay a cemetery; if it's used for anything else, the federal government can take it back. The Secretary can also waive normal conveyance fees if the recipient demonstrates need.
Why we flagged it
The bill's core function is to authorize the Secretary of Agriculture to convey federal cemetery land to qualified public entities and tribes without charge, with use restrictions and reversion provisions. This is a straightforward land-transfer mechanism with cultural and historical stewardship as its purpose.
What the text implies
- The bill's definition of 'qualified person' includes New Mexico land grants recognized under state statute, potentially opening a pathway for conveyance to entities with Spanish/Mexican colonial land claims on federal property—a novel intersection of federal land policy and state-recognized historical claims.
- The Secretary's discretion to waive conveyance costs based on 'demonstrated need' creates flexibility but lacks explicit criteria, potentially allowing inconsistent application across similar cemetery claims.
- The reversion clause gives the Secretary unilateral authority to reclaim land if use drifts from cemetery purposes, but does not specify remedies for the recipient or timeline for reclamation, creating potential uncertainty for long-term stewardship.
Section numbers refer to the bill text the analysis read — linked under Primary records below.
Who it affects
The bill transfers federal cemetery land to communities and tribes with historical or cultural ties to those burial grounds at no cost, removing bureaucratic barriers and enabling proper stewardship of culturally significant sites. The reversion clause and use restriction protect the public interest by ensuring the land remains dedicated to its sacred purpose.
Named in the bill
Secretary of Agriculture, Small Tract Act of 1983, Indian Tribes (federally recognized), State and local governments, New Mexico land grants, Native American Graves Protection and Repatriation Act
Where it stands
1 cosponsor: 1 Republicans.
- Jul 2, 2025 — Introduced · Congress.gov: “Introduced in House”
- Jul 2, 2025 — Referred to House Committee on Agriculture and House Committee on Natural Resources · Congress.gov: “Referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period…”
- Sep 18, 2025 — Hearing held · Congress.gov: “Subcommittee Hearings Held”
- Dec 17, 2025 — Markup held in committee · Congress.gov: “Committee Consideration and Mark-up Session Held”
- Dec 17, 2025 — Reported out of committee · Congress.gov: “Ordered to be Reported by Unanimous Consent”
- Mar 16, 2026 — Passed the House · Congress.gov: “On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H2510)”
- Mar 16, 2026 — Floor vote scheduled · Congress.gov: “Mr. Westerman moved to suspend the rules and pass the bill, as amended”
Dates and quoted wording are Congress.gov's action record; the timeline shows status changes, not every procedural step.
How this was measured
Analysis — Quorum's AI read the bill text published by Congress.gov (3,617 characters) on Jul 6, 2026. Section numbers in the findings refer to that text, linked below; transparency and hidden-provision scores are compared against the median of 16,222 analysed bills.
Status and sponsors — Congress.gov's bill record — actions, committee referrals and cosponsors — loaded nightly. The timeline shows status changes, not every procedural action.
As of — page rendered 2026-10-20.
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