II 

117TH CONGRESS 

2D SESSION S. 4949 

To amend title 38, United States Code, to address green burial sections 

in national cemeteries, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 27, 2022 

Mr. TESTER (for himself and Mr. ROUNDS) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to address green 

burial sections in national cemeteries, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Cemeteries 

5 Preservation and Protection Act of 2022’’. 


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1 SEC. 2. PLOT AND INTERMENT ALLOWANCES FOR VET2 ERANS BURIED BEFORE MARCH 15, 2022, IN 

3 CEMETERIES ON TRUST LAND OWNED BY, OR 

4 HELD IN TRUST FOR, TRIBAL ORGANIZA5 TIONS. 

6 The Secretary of Veterans Affairs shall pay a plot 

7 or interment allowance under paragraph (1) of section 

8 2303(b) of title 38, United States Code, for a veteran if— 

9 (1) the veteran was buried, before March 15, 

10 2022, in a cemetery, or in a section of a cemetery, 

11 that is on trust land owned by, or held in trust for, 

12 a tribal organization; 

13 (2) the tribal organization that is responsible 

14 for operating and maintaining the cemetery, or the 

15 section of cemetery, applies for such allowance; 

16 (3) a plot or interment allowance was not al17 ready paid for the burial of such veteran under 

18 paragraph (2) of such section; and 

19 (4) the burial of the veteran otherwise meets 

20 the requirements under paragraph (1) of such sec21 tion. 

22 SEC. 3. GREEN BURIAL SECTIONS AT NATIONAL CEME23 TERIES. 

24 Section 2404 of title 38, United States Code, is 

25 amended— 

26 (1) in subsection (c)(2)— 


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1 (A) in subparagraph (C), by striking ‘‘; 

2 and’’ and inserting a semicolon; 

3 (B) in subparagraph (D), by striking the 

4 period at the end and inserting ‘‘; and’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(E) in the case of grave sites in a green burial 

8 section designated under subsection (i), the Sec9 retary may provide for grave markers of such type 

10 as the Secretary considers appropriate.’’; and 

11 (2) by adding at the end the following new sub12 section: 

13 ‘‘(i)(1) The Secretary may designate one or more sec14 tions in any national cemetery as green burial sections. 

15 ‘‘(2) In this subsection, the term ‘green burial sec16 tion’ means a section of a cemetery in which the remains 

17 of individuals interred in that section— 

18 ‘‘(A) have been prepared for interment in a 

19 manner that does not involve chemicals or embalm20 ing fluids; and 

21 ‘‘(B) have been interred in a natural manner or 

22 in completely biodegradable burial receptacles.’’. 


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1 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION 

2 OVER LAND AT FORT BLISS, TEXAS, FOR EX3 PANSION OF FORT BLISS NATIONAL CEME4 TERY. 

5 (a) TRANSFER AUTHORIZED.—The Secretary of the 

6 Army may transfer to the Secretary of Veterans Affairs 

7 administrative jurisdiction over a parcel of real property 

8 consisting of approximately two acres located at Fort 

9 Bliss, Texas, directly adjacent to, and contiguous with, 

10 Fort Bliss National Cemetery. 

11 (b) CONDITION OF TRANSFER.— 

12 (1) IN GENERAL.—As a condition of the trans13 fer authorized by subsection (a), the Secretary of 

14 Veterans Affairs may complete appropriate environ15 mental, cultural resource, and other due diligence 

16 activities on the real property described in sub17 section (c) before determining whether the property 

18 is suitable for cemetery purposes. 

19 (2) COORDINATION.—The Secretary of Vet20 erans Affairs shall coordinate with the Secretary of 

21 the Army as needed during the performance of the 

22 activities described in paragraph (1). 

23 (c) DESCRIPTION OF PROPERTY.— 

24 (1) IN GENERAL.—The exact acreage and legal 

25 description of the real property to be transferred 


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1 under this section shall be determined by a survey 

2 satisfactory to the Secretary the Army. 

3 (2) COST OF SURVEY.—The cost of the survey 

4 described in paragraph (1) shall be borne by the 

5 Secretary of Veterans Affairs. 

6 (d) ADDITIONAL TERMS AND CONDITIONS; COSTS OF

7 TRANSFER.— 

8 (1) ADDITIONAL TERMS AND CONDITIONS.— 

9 The Secretary of the Army may require such addi10 tional terms and conditions in connection with the 

11 transfer under this section as the Secretary con12 siders appropriate to protect the interests of the 

13 United States. 

14 (2) REIMBURSEMENT OF COSTS .— 

15 (A) IN GENERAL.—The Secretary of Vet16 erans Affairs shall reimburse the Secretary of 

17 the Defense for costs incurred by the Secretary 

18 of the Army in implementing this section, in19 cluding the costs of any surveys. 

20 (B) NO PAYMENT FOR VALUE OF REAL

21 PROPERTY.—Notwithstanding any other legal 

22 requirement that might otherwise apply, the 

23 Secretary of Veterans Affairs shall not be re24 quired to make payment of any kind for the 


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1 value of the real property described in sub2 section (c). 

3 SEC. 5. TRANSFER OF DEPARTMENT OF THE INTERIOR 

4 LAND FOR USE AS A NATIONAL CEMETERY. 

5 Section 2406 of title 38, United States Code, is 

6 amended— 

7 (1) by striking ‘‘As additional lands’’ and in8 serting ‘‘(a) IN GENERAL.—As additional lands’’; 

9 and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(b) TRANSFER OF DEPARTMENT OF THE INTERIOR

13 LAND FOR USE AS A NATIONAL CEMETERY.—Notwith14 standing section 204(d) of the Federal Land Policy and 

15 Management Act of 1976 (43 U.S.C. 1714(d)), if the Sec16 retary and the Secretary of the Interior agree to a transfer 

17 under subsection (a) of any land for use by the Depart18 ment as a national cemetery, the land shall be— 

19 ‘‘(1) withdrawn from all forms of appropriation 

20 under the public land laws, including the mining 

21 laws, the mineral leasing laws, and the geothermal 

22 leasing laws; 

23 ‘‘(2) subject to valid existing rights; 

24 ‘‘(3) transferred to the administrative jurisdic25 tion of the Secretary of Veterans Affairs; and 


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1 ‘‘(4) deemed to be property (as defined in sec2 tion 102(9) of title 40) for as long as the land re3 mains under the administrative jurisdiction of the 

4 Secretary of Veterans Affairs.’’. 

5 SEC. 6. EXPANSION OF PROHIBITION AGAINST INTERMENT 

6 OR MEMORIALIZATION IN THE NATIONAL 

7 CEMETERY ADMINISTRATION OR ARLINGTON 

8 NATIONAL CEMETERY OF PERSONS COMMIT9 TING CERTAIN CRIMES. 

10 (a) IN GENERAL.—Section 2411 of title 38, United 

11 States Code, is amended— 

12 (1) in the section heading— 

13 (A) by inserting ‘‘certain’’ before ‘‘Fed14 eral’’; and 

15 (B) by striking ‘‘capital’’; 

16 (2) in subsection (b)— 

17 (A) in paragraph (4)— 

18 (i) in subparagraph (A), by striking 

19 ‘‘(42 U.S.C. 16901 et seq.);’’ and inserting 

20 ‘‘(34 U.S.C. 20901 et seq.); and’’; and 

21 (ii) in subparagraph (B), by inserting 

22 ‘‘or to a period of 99 years or more’’ after 

23 ‘‘life imprisonment’’; and 

24 (B) by adding at the end the following new 

25 paragraph: 


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1 ‘‘(5) A person who— 

2 ‘‘(A) is found (as provided in subsection 

3 (c)) to have committed a Federal or State crime 

4 that would cause the person to be a tier III sex 

5 offender for purposes of the Sex Offender Reg6 istration and Notification Act (34 U.S.C. 20901 

7 et seq.); but 

8 ‘‘(B) has not been convicted of such crime 

9 by reason of such person not being available for 

10 trial due to death or flight to avoid prosecu11 tion.’’; 

12 (3) in subsection (c), by striking ‘‘subsection 

13 (b)(3)’’ and inserting ‘‘paragraph (3) or (5) of sub14 section (b)’’; 

15 (4) in subsection (d)(2)(A)(ii), by striking ‘‘or 

16 a State capital crime’’ and inserting ‘‘, a State cap17 ital crime, or a Federal or State crime that would 

18 cause the person to be a tier III sex offender for 

19 purposes of the Sex Offender Registration and Noti20 fication Act (34 U.S.C. 20901 et seq.),’’; and 

21 (5) in subsection (e)(1)(B), by striking ‘‘or a 

22 State capital crime’’ and inserting ‘‘, a State capital 

23 crime, or a Federal or State crime that would cause 

24 the person to be a tier III sex offender for purposes 


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1 of the Sex Offender Registration and Notification 

2 Act (34 U.S.C. 20901 et seq.),’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 at the beginning of chapter 24 of such title is amended 

5 by striking the item relating to section 2411 and inserting 

6 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.’’. 

Æ 


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