§ 2405. — Disposition of inactive cemeteries.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC2405]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 2405. Disposition of inactive cemeteries
(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.
(Added Pub. L. 93-43, Sec. 2(a), June 18, 1973, 87 Stat. 77, Sec. 1005;
amended Pub. L. 99-576, title VII, Sec. 701(56), Oct. 28, 1986, 100
Stat. 3295; Pub. L. 101-237, title III, Sec. 313(b)(1), (4), Dec. 18,
1989, 103 Stat. 2077; renumbered Sec. 2405, Pub. L. 102-83, Sec. 5(a),
Aug. 6, 1991, 105 Stat. 406; Pub. L. 105-368, title IV, Sec. 403(c)(7),
Nov. 11, 1998, 112 Stat. 3339.)
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, Sec. 313(b)(4), inserted ``of
the Interior'' after ``funds appropriated to the Secretary''.
Pub. L. 101-237, Sec. 313(b)(1), substituted ``Secretary may
transfer'' for ``Administrator may transfer'' and ``Secretary's'' for
``Administrator's''.
Subsecs. (b), (c). Pub. L. 101-237, Sec. 313(b)(1), substituted
``Secretary'' for ``Administrator'' wherever appearing.
1986--Subsec. (a). Pub. L. 99-576, Sec. 701(56)(A), substituted
``the Administrator's'' for ``his''.
Subsec. (c). Pub. L. 99-576, Sec. 701(56)(B), substituted ``The
Administrator'' for ``He''.
