§ 2405. Disposition of inactive cemeteries

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1973

   National Cemeteries Act of 1973

   Pub. L. 93–43 § 2(a) · 87 Stat. 75

   Enacted · 38 U.S.C. § 2405

   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 77, § 1005

   Source evidence

   Code source credit
   Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 77, § 1005

   Enacted provision · exact public law section
   (a) Part II of title 38. United States Code, is amended by 72 Stat. 1117. 38 USC 301. adding at the end thereof the following new chapter: “Chapter 24— NATIONAL CEMETERIES AND MEMORIALS “Sec. “1000. Establishment of National Cemetery System; composition of such system; appointment of director. “1001. Advisory committee on cemeteries and memorials. “1002. Persons eligible for interment in national cemeteries. “1003. Memorial areas. “1004. Administration. “1005. Disposition of inactive cemeteries. “1006. Acquisition of lands. “1007. Authority to accept and maintain suitable memorials. “§ 1000. Establishment of National Cemetery System; composition of such system; appointment of director “(a) There shall be within the Veterans’ Administration a National Cemetery System for the interment of deceased servicemen and veterans. To assist him in carrying out his responsibilities in administering the cemeteries within the System, the Administrator may appoint a Director, National Cemetery System, who shall perform such functions as may be assigned by the Administrator. “(b) The National Cemetery System shall consist of— “(1) national cemeteries transferred from the Department of the Army to the Veterans’ Administration by the National Cemeteries Act of 1973; “(2) cemeteries under the jurisdiction of the Veterans’ Administration on the date of enactment of this chapter; and “(3) any other cemetery, memorial, or monument transferred to the Veterans’ Administration by the National Cemeteries Act of 1973, or later acquired or developed by the Administrator. “§ 1001. Advisory Committee on Cemeteries and Memorials “There shall be appointed by the Administrator an Advisory Committee on Cemeteries and Memorials. The Administrator shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which he is responsible, and with respect to the selection of cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee Reports to Administrator of Veterans’ Affairs and Congress. 73 Stat. 453; shall make periodic reports and recommendations to the Administrator and to Congress. “§ 1002. Persons eligible for interment in national cemeteries “Under such regulations as the Administrator may prescribe and subject to the provisions of section 3505 of this title, the remains of 85 Stat. 348. 38 USC 3505. the following persons may be buried in any open national cemetery bi the National Cemetery System: “(1) Any veteran (which for the purposes of this chapter includes a person who died in the active military, naval, or air service). “(2) Any member of a Reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while he is hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is performing active duty for training, inactive duty training, or undergoing that hospitalization or treatment at the expense of the United States, “(3) Any member of the Reserve Officers’ Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while he is— “(A) attending an authorized training camp or on an authorized practice cruise; “(B) performing authorized travel to or from that camp or cruise; or “(C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is— “(i) attending that camp or on that cruise; “(ii) performing that travel; or “(iii) undergoing that hospitalization or treatment at the expense of the United States, “(4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the aimed forces of any government allied with the United States during that war, and whose last such service terminated honorably, “(5) The wife, husband, surviving spouse, minor child, and, in the discretion of the Administrator, unmarried adult child of any of the persons listed in paragraphs (1) through (4). “(6) Such other persons or classes of persons as may be designated by the Administrator. “§ 1003. Memorial areas “(a) The Administrator shall set aside, when available, suitable areas in national cemeteries to honor the memory of members of the Armed Forces missing in action, or who died or were killed while serving in such forces and whose remains have not been identified, have been buried at sea or have been determined to be nonrecoverable. “(b) Under regulations prescribed by the Administrator, appropriate memorials or markers shall be erected to honor the memory of those individuals, or group of individuals, referred to in subsection (a) of this section. “(c) All national and other veterans’ cemeteries in the National Cemetery System created by this Act shall be considered national shrines as a tribute to our gallant dead and, notwithstanding the provisions of any other law, the Administrator is hereby authorized to permit appropriate officials to fly the flag of the United States of America at such cemeteries twenty-four hours each day. “§ 1004. Administration “(a) The Administrator is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries. “(b) In conjunction with the development and administration of cemeteries for which he is responsible, the Administrator shall provide ail necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria. “(e) Each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Administrator shall by regulation prescribe. “(d) There shall be kept in each national cemetery, and at the main Burial register. office of the Veterans’ Administration, a register of burials in each cemetery setting forth the name of each person buried in the cemetery, the number of the grave in which he is buried, and such other information as the Administrator by regulation may prescribe. “(e) In carrying out his responsibilities under this chapter, the Contract authority. Administrator may contract with responsible persons, firms, or corporations for the care and maintenance of such cemeteries under his jurisdiction as he shall choose, under such terms and conditions as he may prescribe. “(f) The Administrator is authorized to convey to any State, or Approach roads conveyance. political subdivision thereof, in which any national cemetery is located, all right, title, and interest of the United States in and to any Government owned or controlled approach road to such cemetery if, prior to the delivery of any instrument of conveyance, the State or political subdivision to which such conveyance is to be made notifies the Administrator in writing of its willingness to accept and maintain the road included in such conveyance. Upon the execution and delivery of such a conveyance, the jurisdiction of the United States over the road conveyed shall cease and thereafter vest in the State or political subdivision concerned. “(g) Notwithstanding any other provision of law, the Administrator Jurisdiction, relinquishment. may at such time as he deems desirable, relinquish to the State in which any cemetery, monument, or memorial under his jurisdiction is located, such portion of legislative jurisdiction over the lands involved as is necessary to establish concurrent jurisdiction between the Federal Government and the State concerned. Such partial relinquishment of jurisdiction under the authority of this subsection may be made by filing with the Governor of the State involved a notice of such relinquishment and shall take effect upon acceptance thereof by the State in such manner as its laws may prescribe. “§ 1005. Disposition of inactive cemeteries “(a) The Administrator may transfer, with the consent of the Transfer. agency concerned, any inactive cemetery, burial plot, memorial, or monument within his control to the Department of the Interior for maintenance us a national monument or park, or to any other agency of the Government. Any cemetery transferred to the Department of the Interior shall be administered by the Secretary of the Interior as a part of the National Park System, and funds appropriated to the Secretary for such system shall be available for the management and operation of such cemetery. “(b) The Administrator may also transfer and convey all right, title, and interest of the United States in or to any inactive cemetery or burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot, or the graves and monuments contained therein in a manner satisfactory to the Administrator, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. “(c) If a cemetery not within the National Cemetery System has been or is to be discontinued, the Administrator may provide for the removal of remains from that cemetery to any cemetery within such System. He may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery. “§ 1006. Acquisition of lands “As additional lands are needed for national cemeteries, they may be acquired by the Administrator by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, or otherwise, as he determines to be in the best interest of the Touted States. “§ 1007. Authority to accept and maintain suitable memorials “Subject to such restrictions as he may prescribe, the Administrator may accept, gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery. He may make land available for this purpose, and may furnish such care and maintenance as he deems necessary.”

2. 1986

   Pub. L. 99–576 § 701(56)(A) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2405(a)

   Pub. L. 99–576, § 701(56)(A), substituted “the Administrator’s” for “his”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–576, § 701(56)(A), substituted “the Administrator’s” for “his”.

   Enacted provision · exact public law section
   (A) by striking out “his” in subsection (a) and inserting in lieu thereof “the Administrator’s”; and

3. 1986

   Pub. L. 99–576 § 701(56)(B) · 100 Stat. 3248

   Substituted · 38 U.S.C. § 2405(c)

   Pub. L. 99–576, § 701(56)(B), substituted “The Administrator” for “He”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 99–576, § 701(56)(B), substituted “The Administrator” for “He”.

   Enacted provision · exact public law section
   (B) by striking out “He” in subsection (c) and inserting in lieu thereof “The Administrator”.

4. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 § 313(b)(4) · 103 Stat. 2062

   Inserted · 38 U.S.C. § 2405(a)

   Pub. L. 101–237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”.

   Enacted provision · exact public law section
   (4) Section 1005(a) is amended by inserting “of the Interior” after “Secretary” the second place it appears.

5. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

   1. Substituted · 38 U.S.C. § 2405(a)

      Pub. L. 101–237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer”

   2. Substituted · 38 U.S.C. § 2405(a)

      Pub. L. 101–237, § 313(b)(1), substituted “Secretary’s” for “Administrator’s”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 101–237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer” and “Secretary’s” for “Administrator’s”.

   Enacted provision · exact public law section
   (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

6. 1989

   Veterans Home Loan Indemnity and Restructuring Act of 1989

   Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

   Substituted · 38 U.S.C. § 2405(b); 38 U.S.C. § 2405(c)

   Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

   Enacted provision · exact public law section
   (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

7. 1991

   Pub. L. 102–83 § 5(a) · 105 Stat. 378

   Changed · 38 U.S.C. § 2405

   Pub. L. 102–83 renumbered section 1005 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 102–83 renumbered section 1005 of this title as this section.

   Enacted provision · exact public law section
   (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

8. 1998

   Pub. L. 105–368 title IV § 403(c)(7) · 112 Stat. 3315

   1. Substituted · 38 U.S.C. § 2405(c)

      Pub. L. 105–368, in first sentence, substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System”

   2. Substituted · 38 U.S.C. § 2405(c)

      Pub. L. 105–368, in first sentence, substituted “under the control of such Administration” for “within such System”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 105–368, in first sentence, substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System” and “under the control of such Administration” for “within such System”.

   Enacted provision · exact public law section
   (7) Section 2405(c) is amended” (A) by striking “within the National Cemetery System” and inserting “under the control of the National Cemetery Administration”; and (B) by striking “within such System” and inserting “under the control of such Administration”.

10 of 10 references resolved to an enrolled provision