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Title 38 — Veterans' BenefitsRelease 119-73not60

§2412 Lease of Land and Buildings

Title 38 › Part II— GENERAL BENEFITS › Chapter 24— NATIONAL CEMETERIES AND MEMORIALS › § 2412

Last updated Apr 5, 2026|Official source

Summary

The Secretary may lease undeveloped land and unused or underused buildings that belong to the National Cemetery Administration. Leases can last up to 10 years. Before leasing, the Secretary must put a notice in a local newspaper where the land or buildings are located. Leases to public or nonprofit groups can skip a certain federal purchasing rule and can let the lessee pay by maintaining, protecting, or restoring the property instead of money. The law creates the "National Cemetery Administration Facilities Operation Fund" in the Treasury. The Fund holds money from these leases, from farm or grazing licenses on NCA land, and any other money put into it by law. Money in the Fund can be used to run and care for NCA property and stays available until it is spent.

Full Legal Text

Title 38, §2412

Veterans' Benefits — Source: USLM XML via OLRC

(a)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)The term of a lease under subsection (a) may not exceed 10 years.
(c)(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).11 See References in Text note below.
(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)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)(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.

Legislative History

Notes & Related Subsidiaries

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), Jan. 4, 2011, 124 Stat. 3677, 3855.

Reference

Citations & Metadata

Citation

38 U.S.C. § 2412

Title 38 — Veterans' Benefits

Last Updated

Apr 5, 2026

Release point: 119-73not60