§ 2408. — Aid to States for establishment, expansion, and improvement of veterans' 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: 38USC2408]
TITLE 38--VETERANS' BENEFITS
PART II--GENERAL BENEFITS
CHAPTER 24--NATIONAL CEMETERIES AND MEMORIALS
Sec. 2408. Aid to States for establishment, expansion, and
improvement of veterans' cemeteries
(a)(1) Subject to subsection (b) of this section, the Secretary may
make grants to any State to assist such State in establishing,
expanding, or improving veterans' cemeteries owned by such State. Any
such grant may be made only upon submission of an application to the
Secretary in such form and manner, and containing such information, as
the Secretary may require.
(2) There is authorized to be appropriated such sums as may be
necessary for fiscal year 1999 and for each succeeding fiscal year
through fiscal year 2004 for the purpose of making grants under
paragraph (1).
(b) Grants under this section shall be subject to the following
conditions:
(1) The amount of a grant under this section may not exceed--
(A) in the case of the establishment of a new cemetery, the
sum of: (i) the cost of improvements to be made on the land to
be converted into a cemetery; and (ii) the cost of initial
equipment necessary to operate the cemetery; and
(B) in the case of the expansion or improvement of an
existing cemetery, the sum of: (i) the cost of improvements to
be made on any land to be added to the cemetery; and (ii) the
cost of any improvements to be made to the existing cemetery.
(2) If the amount of a grant under this section is less than the
amount of costs referred to in subparagraph (A) or (B) of paragraph
(1), the State receiving the grant shall contribute the excess of
such costs over the grant.
(3) If a State that has received a grant under this section to
establish, expand, or improve a veterans' cemetery ceases to own
such cemetery, ceases to operate such cemetery as a veterans'
cemetery, or uses any part of the funds provided through such grant
for a purpose other than that for which the grant was made, the
United States shall be entitled to recover from such State the total
of all grants made under this section to such State in connection
with such cemetery.
(c)(1) In addition to the conditions specified in subsection (b) of
this section, any grant to a State under this section to assist such
State in establishing a veterans' cemetery shall be made on the
condition that such cemetery shall conform to such standards and
guidelines relating to site selection, planning, and construction as the
Secretary may by regulation prescribe. In prescribing regulations for
the purposes of the preceding sentence, the Secretary shall take into
account the standards and guidelines for site selection, planning, and
construction that are applicable to cemeteries under the control of the
National Cemetery Administration, including those provided in
subsections (b), (c), and (d) of section 2404 of this title.
(2) The Secretary may by regulation prescribe such additional terms
and conditions for grants under this section as the Secretary considers
appropriate.
(d)(1) In addition to the conditions specified in subsections (b)
and (c), any grant made on or after November 21, 1997, to a State under
this section to assist such State in establishing, expanding, or
improving a veterans' cemetery shall be made subject to the condition
specified in paragraph (2).
(2) For purposes of paragraph (1), the condition described in this
paragraph is that, after the date of the receipt of the grant, such
State prohibit the interment or memorialization in that cemetery of a
person described in section 2411(b) of this title, subject to the
receipt of notice described in subsection (a)(2) of such section, except
that for purposes of this subsection--
(A) such notice shall be furnished to an appropriate official of
such State; and
(B) a finding described in subsection (b)(3) of such section
shall be made by an appropriate official of such State.
(e) Sums appropriated under subsection (a) of this section shall
remain available until expended. If all funds from a grant under this
section have not been utilized by a State for the purpose for which the
grant was made within three years after such grant is made, the United
States shall be entitled to recover any such unused grant funds from
such State.
(Added Pub. L. 95-476, title II, Sec. 202(b)(1), Oct. 18, 1978, 92 Stat.
1504, Sec. 1008; amended Pub. L. 98-223, title II, Sec. 202, Mar. 2,
1984, 98 Stat. 41; Pub. L. 100-322, title III, Sec. 343, May 20, 1988,
102 Stat. 540; Pub. L. 100-687, div. B, title XVI, Sec. 1601, Nov. 18,
1988, 102 Stat. 4137; Pub. L. 101-237, title III, Sec. 313(b)(1), Dec.
18, 1989, 103 Stat. 2077; renumbered Sec. 2408 and amended Pub. L. 102-
83, Sec. 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103-446,
title VIII, Sec. 803, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 105-116,
Sec. 2, Nov. 21, 1997, 111 Stat. 2382; Pub. L. 105-368, title IV,
Secs. 403(c)(8), 404(a)(1), (b), (c), title X, Sec. 1005(b)(5), Nov. 11,
1998, 112 Stat. 3339, 3365.)
Amendments
1998--Subsec. (a)(2). Pub. L. 105-368, Sec. 404(c), amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ``There is
authorized to be appropriated $5,000,000 for fiscal year 1980 and for
each of the four succeeding fiscal years, and such sums as may be
necessary for fiscal year 1985 and for each of the fourteen succeeding
fiscal years, for the purpose of making grants under paragraph (1) of
this subsection.''
Subsec. (b)(1), (2). Pub. L. 105-368, Sec. 404(a)(1), amended pars.
(1) and (2) generally. Prior to amendment, pars. (1) and (2) read as
follows:
``(1) The amount of any grant under this section may not exceed an
amount equal to 50 percent of the total of the value of the land to be
acquired or dedicated for the cemetery and the cost of the improvements
to be made on such land, with the remaining amount to be contributed by
the State receiving the grant.
``(2) If at the time of a grant under this section the State
receiving the grant dedicates for the purposes of the cemetery involved
land already owned by the State, the value of such land may be
considered in determining the amount of the State's contribution under
paragraph (1) of this subsection, but the value of such land may not be
used for more than an amount equal to 50 percent of the amount of such
contribution and may not be used as part of such State's contribution
for any subsequent grant under this section.''
Subsec. (c)(1). Pub. L. 105-368, Sec. 403(c)(8), substituted ``under
the control of the National Cemetery Administration'' for ``in the
National Cemetery System''.
Subsec. (d)(1). Pub. L. 105-368, Sec. 1005(b)(5), substituted
``November 21, 1997,'' for ``the date of the enactment of this
subsection'' and ``subject to the condition specified in'' for ``on the
condition described in''.
Subsec. (e). Pub. L. 105-368, Sec. 401(b), substituted ``shall
remain available until expended'' for ``shall remain available until the
end of the second fiscal year following the fiscal year for which they
are appropriated'' in first sentence.
1997--Subsecs. (d), (e). Pub. L. 105-116 added subsec. (d) and
redesignated former subsec. (d) as (e).
1994--Subsec. (a)(2). Pub. L. 103-446 substituted ``fourteen'' for
``nine''.
1991--Pub. L. 102-83, Sec. 5(a), renumbered section 1008 of this
title as this section.
Subsec. (c)(1). Pub. L. 102-83, Sec. 5(c)(1), substituted ``2404''
for ``1004''.
1989--Subsecs. (a)(1), (c). Pub. L. 101-237 substituted
``Secretary'' for ``Administrator'' wherever appearing.
1988--Subsec. (a)(2). Pub. L. 100-687 substituted ``nine'' for
second reference to ``four''.
Subsec. (b)(1). Pub. L. 100-322, Sec. 343(1)-(3), redesignated par.
(2) as (1), substituted ``percent'' for ``per centum'', and struck out
former par. (1) which read as follows: ``No State may receive grants
under this section in any fiscal year in a total amount in excess of 20
per centum of the total amount appropriated for such grants for such
fiscal year.''
Subsec. (b)(2). Pub. L. 100-322, Sec. 343(2)-(4), redesignated par.
(3) as (2) and substituted ``percent'' for ``per centum'' and
``paragraph (1)'' for ``paragraph (2)''. Former par. (2) redesignated
(1).
Subsec. (b)(3), (4). Pub. L. 100-322, Sec. 343(2), redesignated par.
(4) as (3). Former par. (3) redesignated (2).
1984--Subsec. (a)(2). Pub. L. 98-223 inserted ``, and such sums as
may be necessary for fiscal year 1985 and for each of the four
succeeding fiscal years,'' after ``fiscal years''.
Effective Date of 1998 Amendment
Pub. L. 105-368, title IV, Sec. 404(a)(2), Nov. 11, 1998, 112 Stat.
3339, provided that: ``The amendment made by paragraph (1) [amending
this section] shall apply with respect to grants under section 2408 of
title 38, United States Code, made after the end of the 60-day period
beginning on the date of the enactment of this Act [Nov. 11, 1998].''
Effective Date
Section effective Oct. 18, 1978, see section 205(a) of Pub. L. 95-
476, set out as an Effective Date of 1978 Amendment note under section
2303 of this title.
