38 U.S.C. § 2405: Disposition of inactive…

Summary

The Secretary can give an inactive cemetery, burial plot, memorial, or monument under their control to the Department of the Interior to be kept as a national park or monument, or to another federal agency. If given to the Interior, it becomes part of the National Park System and park funds can be used to run it. The Secretary can also transfer full ownership to a state, county, city, or their agency; if that new owner stops caring for it the way the Secretary requires, ownership goes back to the United States. If a cemetery not run by the National Cemetery Administration is closed, the Secretary can move remains to a national cemetery. The Secretary can also move a veteran’s remains from a temporary or abandoned grave to a national cemetery.

Title 38, §2405

Veterans' Benefits, Source: USLM XML via OLRC

(a)The Secretary may transfer, with the consent of the agency concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretary’s control to the Department of the Interior for maintenance as 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 of the Interior for such system shall be available for the management and operation of such cemetery.

(b)The Secretary 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 Secretary, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States.

(c)If a cemetery not under the control of the National Cemetery Administration has been or is to be discontinued, the Secretary may provide for the removal of remains from that cemetery to any cemetery under the control of such Administration. The Secretary 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—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”. 1991—Pub. L. 102–83 renumbered section 1005 of this title as this section. 1989—Subsec. (a). Pub. L. 101–237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”. Pub. L. 101–237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer” and “Secretary’s” for “Administrator’s”. Subsecs. (b), (c). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing. 1986—Subsec. (a). Pub. L. 99–576, § 701(56)(A), substituted “the Administrator’s” for “his”. Subsec. (c). Pub. L. 99–576, § 701(56)(B), substituted “The Administrator” for “He”.

§2405 Disposition of Inactive Cemeteries

Summary

Title 38, §2405

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata