38 U.S.C. § 2406: Acquisition of lands

Summary

The Secretary may get more land for national cemeteries by buying it, accepting gifts (including from States or local governments), taking it by condemnation, getting transfers from other Federal agencies, trading land, or using other methods the Secretary thinks are best for the United States. Even if section 204(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1714(d)) would say otherwise, if the Secretary and the Secretary of the Interior agree to transfer land under the first paragraph for a national cemetery, that land will be withdrawn from public land uses (including mining and leasing laws), remain subject to valid existing rights, be placed under the Secretary of Veterans Affairs’ control, and be treated as property under 40 U.S.C. 102(9) while VA controls it.

Title 38, §2406

Veterans' Benefits, Source: USLM XML via OLRC

(a)In General.—

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)Transfer of Department of the Interior Land for Use as a National Cemetery.—

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(1)withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws;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