Acquisition of lands

38 U.S.C. § 2406

• Title: 38 — Veterans' Benefits
• Chapter: 24 — NATIONAL CEMETERIES AND MEMORIALS

Text

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(1) withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws;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

History

(Added Pub. L. 93–43, §2(a), June 18, 1973, 87 Stat. 78, §1006; amended Pub. L. 99–576, title VII, §701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, §313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered §2406, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title VI, §603, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 117–355, §5, Jan. 5, 2023, 136 Stat. 6279.)

Editorial Notes

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".