§2406 — Title 38 Veterans' Benefits | U.S. Code

Summary

The Secretary can get extra land for national cemeteries by buying it, accepting gifts (including from States or local governments), taking it by legal process, getting transfers from other Federal agencies, trading land, or by any other means the Secretary decides is in the United States’ best interest. Even though section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)) might say otherwise, if the Secretary and the Secretary of the Interior agree to transfer land for a national cemetery, that land is withdrawn from public-land appropriation (including the mining, mineral leasing, and geothermal leasing laws), stays subject to valid existing rights, is placed under the administrative control of the Secretary of Veterans Affairs, and is treated as “property” as defined in section 102(9) of title 40 while it remains under VA jurisdiction.

Title 38, §2406

Veterans' Benefits — Source: USLM XML via OLRC

(a)As additional lands are needed for national cemeteries, they may be acquired by the Secretary by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best interest of the United States.

(b)Notwithstanding section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)), if the Secretary and the Secretary of the Interior agree to a transfer under subsection (a) of any land for use by the Department as a national cemetery, the land shall be—

(1)withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws;

(2)subject to valid existing rights;

(3)transferred to the administrative jurisdiction of the Secretary of Veterans Affairs; and

(4)deemed to be property (as defined in section 102(9) of title 40) for as long as the land remains under the administrative jurisdiction of the Secretary of Veterans Affairs.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—Pub. L. 117–355 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 2004—Pub. L. 108—454 inserted “exchange,” after “agencies,”. 1991—Pub. L. 102–83 renumbered section 1006 of this title as this section. 1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Pub. L. 99–576 substituted “the Administrator” for “he”.

§2406 Acquisition of lands

Summary

Title 38, §2406

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata