HR-4284-119
Received in the Senate and Read twice and referred to the Committee on Agriculture, Nutrition, and Forestry.
Sponsored by Teresa Leger Fernandez (D-NM)
What it does
This bill would amend the Small Tract Act of 1983 to let the Secretary of Agriculture transfer, without payment, small parcels of Forest Service land (40 acres or less) that are used or were previously used as cemeteries to a state or local government, federally recognized Indian Tribe, or a qualifying New Mexico community land grant with a legitimate historic claim to the site. The land would revert to federal ownership if it stops being used as a cemetery, and the Secretary could also waive certain conveyance costs for the recipient.
Who benefits
State and local governments, federally recognized Indian Tribes, and qualifying New Mexico community land-grant entities that gain ownership of cemetery parcels on national forest land at no cost; families and communities with ancestors buried in these sites who may gain more direct control over maintenance and access; the Forest Service, which sheds maintenance responsibility for small, scattered burial parcels.
Who is hurt
No group is clearly harmed in a material way; the federal government forgoes any sale proceeds from these small parcels, and taxpayers generally bear the modest cost of waived conveyance fees, but the parcels are limited in size (40 acres or less) and number.
Supporters argue
Supporters argue that many small cemeteries sit on national forest land because of historical boundary changes, and that the communities, tribes, and land-grant heirs with generations-old ties to these burial sites are better positioned to maintain and protect them than a distant federal agency. They contend the reversion clause and narrow eligibility criteria (governments, tribes, and recognized land grants only) prevent misuse while reducing administrative steps for a low-cost transfer of properties the Forest Service was not well suited to manage as burial grounds.
Opponents argue
Opponents argue that transferring federal land without compensation, even in small parcels, sets a precedent that could be expanded later to cover larger or more valuable tracts, and that the discretion given to the Secretary over waivers and reversion determinations creates inconsistent outcomes across regions. They contend that clearer, more uniform maintenance and reversion standards should be established before broadly authorizing no-cost conveyances of federal property, however limited in size.
Constitutional context
Congress's power to dispose of federal property arises from the Property Clause (Art. IV, §3, cl. 2), which gives Congress broad authority to manage and transfer federal land as it sees fit; no landmark case constrains this narrow, voluntary conveyance authority since it involves no forced taking or generation-shifting regulatory scheme.
Checks and balances
Congress authorizes the conveyance program by statute and the Secretary of Agriculture (executive branch) exercises discretion over individual transfers, waivers, and reversion determinations, with no independent review body specified beyond ordinary administrative and judicial oversight.
Historical precedent
The underlying Small Tract Act of 1983 already authorizes similar small-parcel conveyances of Forest Service land, including for cemeteries and landfills, so this bill expands an existing, established conveyance mechanism rather than creating a new one.