Representative Leisure Fernández introduced H.R. 4284, the Small Cemetery Conveyance Act, describing centuries‑old community cemeteries in New Mexico and elsewhere that now sit on federal lands after historical adjudication and land transfers. Fernández said the bill would amend the Small Tract Act of 1983 to let the Forest Service convey small parcels that contain historic cemeteries to states, tribal governments, local governments and New Mexico land grants without requiring a purchase or land exchange, and allow the Forest Service to waive costs such as surveys and appraisals when appropriate.
Candido Archuleta, an attorney with the New Mexico Land Grant Council, testified the land grant mercedes are public entities recognized by New Mexico and that at least 20 known community cemeteries now lie on federal lands within New Mexico following historical adjudication and land‑speculation practices after the Treaty of Guadalupe Hidalgo. Archuleta told the committee the conveyance authority would return stewardship to the communities that have used and cared for the cemeteries for generations and could allow continued active use when culturally appropriate.
Representative Fernández and Archuleta described burdens that communities face when they must request Forest Service permission to care for cemeteries and must purchase land at market value or perform costly exchanges under current law. The bill would permit transfers without payment in many cases and explicitly allow the Secretary of Agriculture to waive conveyance costs to avoid putting a further financial burden on historically cash‑poor rural communities.
The hearing included discussion of cultural and spiritual ties to land, the Small Tract Act framework (which permits sale or exchange of parcels up to 40 acres), and the role of land grants in New Mexico as political subdivisions recognized by the state. No formal vote was taken; witnesses were asked to provide details and the record will remain open for follow‑up material.