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 sub-
section (b), all right, title, and interest in and to the parcel 
conveyed pursuant to such subsection, including any im-
provements thereon, shall, at the discretion of the Sec-
retary, 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 ad-
dition 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— 
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‘‘(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 ceme-
tery 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 identi-
fied and federally recognized Indian or Alaska Na-
tive tribe, band, nation, pueblo, village, community, 
affiliated Tribal group, or component reservation in-
cluded 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 commu-
nity land grant issued under the laws or customs of 
the Government of Spain or Mexico that— 
‘‘(A) is recognized under New Mexico Stat-
utes Chapter 49, Articles 1 and 4 (or a suc-
cessor statute); and 
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‘‘(B)(i) has a record of historical or tradi-
tional use on Federal land under the jurisdic-
tion of the Secretary; or 
‘‘(ii) has a patented exterior boundary 
that is or was previously located on or ad-
jacent to Federal land under the jurisdic-
tion 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 his-
toric claim to the cemetery.’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or an amendment made by this section may be con-
strued to modify, waive, or otherwise affect the application 
of the Native American Graves Protection and Repatri-
ation Act (25 U.S.C. 3001 et seq.). 
Æ 
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