[117th Congress Public Law 355]
[From the U.S. Government Publishing Office]
[[Page 6277]]
NATIONAL CEMETERIES PRESERVATION AND PROTECTION ACT OF 2022
[[Page 136 STAT. 6278]]
Public Law 117-355
117th Congress
An Act
To amend title 38, United States Code, to address green burial sections
in national cemeteries, and for other purposes. <<NOTE: Jan. 5,
2023 - [S. 4949]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Cemeteries Preservation and Protection Act of 2022.>>
SECTION 1. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This Act may be cited as the ``National Cemeteries Preservation and
Protection Act of 2022''.
SEC. 2. <<NOTE: Payment. 38 USC 2303 note.>> PLOT AND INTERMENT
ALLOWANCES FOR VETERANS BURIED BEFORE MARCH
15, 2022, IN CEMETERIES ON TRUST LAND OWNED
BY, OR HELD IN TRUST FOR, TRIBAL
ORGANIZATIONS.
The Secretary of Veterans Affairs shall pay a plot or interment
allowance under paragraph (1) of section 2303(b) of title 38, United
States Code, for a veteran if--
(1) the veteran was buried, before March 15, 2022, in a
cemetery, or in a section of a cemetery, that is on trust land
owned by, or held in trust for, a tribal organization;
(2) the tribal organization that is responsible for
operating and maintaining the cemetery, or the section of
cemetery, applies for such allowance;
(3) a plot or interment allowance was not already paid for
the burial of such veteran under paragraph (2) of such section;
and
(4) the burial of the veteran otherwise meets the
requirements under paragraph (1) of such section.
SEC. 3. GREEN BURIAL SECTIONS AT NATIONAL CEMETERIES.
Section 2404 of title 38, United States Code, is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (C), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (D), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(E) in the case of grave sites in a green burial section
designated under subsection (i), the Secretary may provide for
grave markers of such type as the Secretary considers
appropriate.''; and
(2) by adding at the end the following new subsection:
``(i)(1) The Secretary may designate one or more sections in any
national cemetery as green burial sections.
[[Page 136 STAT. 6279]]
``(2) <<NOTE: Definition.>> In this subsection, the term `green
burial section' means a section of a cemetery in which the remains of
individuals interred in that section--
``(A) have been prepared for interment in a manner that does
not involve chemicals or embalming fluids; and
``(B) have been interred in a natural manner or in
completely biodegradable burial receptacles.''.
SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION OVER LAND AT FORT
BLISS, TEXAS, FOR EXPANSION OF FORT BLISS
NATIONAL CEMETERY.
(a) Transfer Authorized.--The Secretary of the Army may transfer to
the Secretary of Veterans Affairs administrative jurisdiction over a
parcel of real property consisting of approximately two acres located at
Fort Bliss, Texas, directly adjacent to, and contiguous with, Fort Bliss
National Cemetery.
(b) Condition of Transfer.--
(1) In general.--As a condition of the transfer authorized
by subsection (a), the Secretary of Veterans Affairs may
complete appropriate environmental, cultural resource, and other
due diligence activities on the real property described in
subsection (c) before determining whether the property is
suitable for cemetery purposes.
(2) Coordination.--The Secretary of Veterans Affairs shall
coordinate with the Secretary of the Army as needed during the
performance of the activities described in paragraph (1).
(c) Description of Property.--
(1) <<NOTE: Determination.>> In general.--The exact acreage
and legal description of the real property to be transferred
under this section shall be determined by a survey satisfactory
to the Secretary the Army.
(2) Cost of survey.--The cost of the survey described in
paragraph (1) shall be borne by the Secretary of Veterans
Affairs.
(d) Additional Terms and Conditions; Costs of Transfer.--
(1) Additional terms and conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the transfer under this section as the Secretary
considers appropriate to protect the interests of the United
States.
(2) Reimbursement of costs .--
(A) In general.--The Secretary of Veterans Affairs
shall reimburse the Secretary of the Defense for costs
incurred by the Secretary of the Army in implementing
this section, including the costs of any surveys.
(B) No payment for value of real property.--
Notwithstanding any other legal requirement that might
otherwise apply, the Secretary of Veterans Affairs shall
not be required to make payment of any kind for the
value of the real property described in subsection (c).
SEC. 5. TRANSFER OF DEPARTMENT OF THE INTERIOR LAND FOR USE AS A
NATIONAL CEMETERY.
Section 2406 of title 38, United States Code, is amended--
(1) by striking ``As additional lands'' and inserting ``(a)
In General.--As additional lands''; and
(2) by adding at the end the following new subsection:
[[Page 136 STAT. 6280]]
``(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.''.
SEC. 6. EXPANSION OF PROHIBITION AGAINST INTERMENT OR
MEMORIALIZATION IN THE NATIONAL CEMETERY
ADMINISTRATION OR ARLINGTON NATIONAL CEMETERY
OF PERSONS COMMITTING CERTAIN CRIMES.
(a) In General.--Section 2411 of title 38, United States Code, is
amended--
(1) in the section heading--
(A) by inserting ``certain'' before ``Federal''; and
(B) by striking ``capital'';
(2) in subsection (b)--
(A) in paragraph (4)--
(i) in subparagraph (A), by striking ``(42
U.S.C. 16901 et seq.);'' and inserting ``(34
U.S.C. 20901 et seq.); and''; and
(ii) in subparagraph (B), by inserting ``or to
a period of 99 years or more'' after ``life
imprisonment''; and
(B) by adding at the end the following new
paragraph:
``(5) A person who--
``(A) is found (as provided in subsection (c)) to
have committed a Federal or State crime that would cause
the person to be a tier III sex offender for purposes of
the Sex Offender Registration and Notification Act (34
U.S.C. 20901 et seq.); but
``(B) has not been convicted of such crime by reason
of such person not being available for trial due to
death or flight to avoid prosecution.'';
(3) in subsection (c), by striking ``subsection (b)(3)'' and
inserting ``paragraph (3) or (5) of subsection (b)'';
(4) in subsection (d)(2)(A)(ii), by striking ``or a State
capital crime'' and inserting ``, a State capital crime, or a
Federal or State crime that would cause the person to be a tier
III sex offender for purposes of the Sex Offender Registration
and Notification Act (34 U.S.C. 20901 et seq.),''; and
(5) in subsection (e)(1)(B), by striking ``or a State
capital crime'' and inserting ``, a State capital crime, or a
Federal or State crime that would cause the person to be a tier
III sex offender for purposes of the Sex Offender Registration
and Notification Act (34 U.S.C. 20901 et seq.),''.
[[Page 136 STAT. 6281]]
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 24 of such title <<NOTE: 38 USC prec. 2400.>> is amended by
striking the item relating to section 2411 and inserting the following
new item:
``2411. Prohibition against interment or memorialization in the National
Cemetery Administration or Arlington National Cemetery of
persons committing certain Federal or State crimes.''.
Approved January 5, 2023.
LEGISLATIVE HISTORY--S. 4949:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
Dec. 19, considered and passed Senate.
Dec. 22, considered and passed House.
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