Skip to content

Title 38 — Veterans’ Benefits

Part II · Chapter 24 — National Cemeteries and Memorials

§ 2412. Lease of land and buildings

Statutory text

(a)

Lease Authorized.—

The Secretary may lease any undeveloped land and unused or underutilized buildings, or parts or parcels thereof, belonging to the United States and part of the National Cemetery Administration.

(b)

Term.—

The term of a lease under subsection (a) may not exceed 10 years.

(c)

Lease to Public or Nonprofit Organizations.—

(1)

A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).1

(2)

Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration of the leased property by the lessee, as a part or all of the consideration for the lease.

(d)

Notice.—

Before entering into a lease under subsection (a), the Secretary shall give appropriate public notice of the intention of the Secretary to enter into the lease in a newspaper of general circulation in the community in which the lands or buildings concerned are located.

(e)

National Cemetery Administration Facilities Operation Fund.—

(1)

There is established on the book of the Treasury an account to be known as the “National Cemetery Administration Facilities Operation Fund” (in this section referred to as the “Fund”).

(2)

The Fund shall consist of the following:

(A)

Proceeds from the lease of land or buildings under this section.

(B)

Proceeds of agricultural licenses of lands of the National Cemetery Administration.

(C)

Any other amounts appropriated to or otherwise authorized for deposit in the Fund by law.

(3)

Amounts in the Fund shall be available to cover costs incurred by the National Cemetery Administration in the operation and maintenance of property of the Administration.

(4)

Amounts in the Fund shall remain available until expended.

Footnotes

  1. 1 See References in Text note below.

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. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 title VI § 602(a) · 118 Stat. 3598

    Enacted · 38 U.S.C. § 2412

    (Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)

    Source evidence

    Code source credit
    (Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)

    Enacted provision · exact public law section
    (a) In General.— Chapter 24 is amended by adding at the end the following new section: “§ 2412. Lease of land and buildings “(a) Lease Authorized.— The Secretary may lease any undeveloped land and unused or underutilized buildings, or parts or parcels thereof, belonging to the United States and part of the National Cemetery Administration. “(b) Term.— The term of a lease under subsection (a) may not exceed 10 years. “(c) Lease to Public or Nonprofit Organizations.— (1) A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5). “(2) Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration of the leased property by the lessee, as a part or all of the consideration for the lease. “(d) Notice.— Before entering into a lease under subsection (a), the Secretary shall give appropriate public notice of the intention of the Secretary to enter into the lease in a newspaper of general circulation in the community in which the lands or buildings concerned are located. “(e) National Cemetery Administration Facilities Operation Fund.— (1) There is established on the book of the Treasury an account to be known as the ‘National Cemetery Administration Facilities Operation Fund’ (in this section referred to as the ‘Fund’). “(2) The Fund shall consist of the following: “(A) Proceeds from the lease of land or buildings under this section. “(B) Proceeds of agricultural licenses of lands of the National Cemetery Administration. “(C) Any other amounts appropriated to or otherwise authorized for deposit in the Fund by law. “(3) Amounts in the Fund shall be available to cover costs incurred by the National Cemetery Administration in the operation and maintenance of property of the Administration. “(4) Amounts in the Fund shall remain available until expended.” .

1 of 1 references resolved to an enrolled provision

Editorial Notes

References in Text

Section 3709 of the Revised Statutes, referred to in subsec. (c)(1), was classified to section 5 of former Title 41, Public Contracts, and was repealed and restated in section 6101 of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), , 124 Stat. 3677, 3855.

Credits

(Added Pub. L. 108–454, title VI, § 602(a), , 118 Stat. 3623.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s2412