117TH CONGRESS 

2D SESSION S. 4949 

AN ACT 

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, 
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†S 4949 ES

1 SECTION 1. SHORT TITLE. 

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

3 Preservation and Protection Act of 2022’’. 

4 SEC. 2. PLOT AND INTERMENT ALLOWANCES FOR VET5 ERANS BURIED BEFORE MARCH 15, 2022, IN 

6 CEMETERIES ON TRUST LAND OWNED BY, OR 

7 HELD IN TRUST FOR, TRIBAL ORGANIZA8 TIONS. 

9 The Secretary of Veterans Affairs shall pay a plot 

10 or interment allowance under paragraph (1) of section 

11 2303(b) of title 38, United States Code, for a veteran if— 

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

13 2022, in a cemetery, or in a section of a cemetery, 

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

15 a tribal organization; 

16 (2) the tribal organization that is responsible 

17 for operating and maintaining the cemetery, or the 

18 section of cemetery, applies for such allowance; 

19 (3) a plot or interment allowance was not al20 ready paid for the burial of such veteran under 

21 paragraph (2) of such section; and 

22 (4) the burial of the veteran otherwise meets 

23 the requirements under paragraph (1) of such sec24 tion. 
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†S 4949 ES

1 SEC. 3. GREEN BURIAL SECTIONS AT NATIONAL CEME2 TERIES. 

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

4 amended— 

5 (1) in subsection (c)(2)— 

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

7 and’’ and inserting a semicolon; 

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

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

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

11 subparagraph: 

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

13 section designated under subsection (i), the Sec14 retary may provide for grave markers of such type 

15 as the Secretary considers appropriate.’’; and 

16 (2) by adding at the end the following new sub17 section: 

18 ‘‘(i)(1) The Secretary may designate one or more sec19 tions in any national cemetery as green burial sections. 

20 ‘‘(2) In this subsection, the term ‘green burial sec21 tion’ means a section of a cemetery in which the remains 

22 of individuals interred in that section— 

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

24 manner that does not involve chemicals or embalm25 ing fluids; and 
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1 ‘‘(B) have been interred in a natural manner or 

2 in completely biodegradable burial receptacles.’’. 

3 SEC. 4. TRANSFER OF ADMINISTRATIVE JURISDICTION 

4 OVER LAND AT FORT BLISS, TEXAS, FOR EX5 PANSION OF FORT BLISS NATIONAL CEME6 TERY. 

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

8 Army may transfer to the Secretary of Veterans Affairs 

9 administrative jurisdiction over a parcel of real property 

10 consisting of approximately two acres located at Fort 

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

12 Fort Bliss National Cemetery. 

13 (b) CONDITION OF TRANSFER.— 

14 (1) IN GENERAL.—As a condition of the trans15 fer authorized by subsection (a), the Secretary of 

16 Veterans Affairs may complete appropriate environ17 mental, cultural resource, and other due diligence 

18 activities on the real property described in sub19 section (c) before determining whether the property 

20 is suitable for cemetery purposes. 

21 (2) COORDINATION.—The Secretary of Vet22 erans Affairs shall coordinate with the Secretary of 

23 the Army as needed during the performance of the 

24 activities described in paragraph (1). 

25 (c) DESCRIPTION OF PROPERTY.— 
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1 (1) IN GENERAL.—The exact acreage and legal 

2 description of the real property to be transferred 

3 under this section shall be determined by a survey 

4 satisfactory to the Secretary the Army. 

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

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

7 Secretary of Veterans Affairs. 

8 (d) ADDITIONAL TERMS AND CONDITIONS; COSTS OF

9 TRANSFER.— 

10 (1) ADDITIONAL TERMS AND CONDITIONS.— 

11 The Secretary of the Army may require such addi12 tional terms and conditions in connection with the 

13 transfer under this section as the Secretary con14 siders appropriate to protect the interests of the 

15 United States. 

16 (2) REIMBURSEMENT OF COSTS .— 

17 (A) IN GENERAL.—The Secretary of Vet18 erans Affairs shall reimburse the Secretary of 

19 the Defense for costs incurred by the Secretary 

20 of the Army in implementing this section, in21 cluding the costs of any surveys. 

22 (B) NO PAYMENT FOR VALUE OF REAL

23 PROPERTY.—Notwithstanding any other legal 

24 requirement that might otherwise apply, the 

25 Secretary of Veterans Affairs shall not be re-
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1 quired to make payment of any kind for the 

2 value of the real property described in sub3 section (c). 

4 SEC. 5. TRANSFER OF DEPARTMENT OF THE INTERIOR 

5 LAND FOR USE AS A NATIONAL CEMETERY. 

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

7 amended— 

8 (1) by striking ‘‘As additional lands’’ and in9 serting ‘‘(a) IN GENERAL.—As additional lands’’; 

10 and 

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

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

14 LAND FOR USE AS A NATIONAL CEMETERY.—Notwith15 standing section 204(d) of the Federal Land Policy and 

16 Management Act of 1976 (43 U.S.C. 1714(d)), if the Sec17 retary and the Secretary of the Interior agree to a transfer 

18 under subsection (a) of any land for use by the Depart19 ment as a national cemetery, the land shall be— 

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

21 under the public land laws, including the mining 

22 laws, the mineral leasing laws, and the geothermal 

23 leasing laws; 

24 ‘‘(2) subject to valid existing rights; 
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1 ‘‘(3) transferred to the administrative jurisdic2 tion of the Secretary of Veterans Affairs; and 

3 ‘‘(4) deemed to be property (as defined in sec4 tion 102(9) of title 40) for as long as the land re5 mains under the administrative jurisdiction of the 

6 Secretary of Veterans Affairs.’’. 

7 SEC. 6. EXPANSION OF PROHIBITION AGAINST INTERMENT 

8 OR MEMORIALIZATION IN THE NATIONAL 

9 CEMETERY ADMINISTRATION OR ARLINGTON 

10 NATIONAL CEMETERY OF PERSONS COMMIT11 TING CERTAIN CRIMES. 

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

13 States Code, is amended— 

14 (1) in the section heading— 

15 (A) by inserting ‘‘certain’’ before ‘‘Fed16 eral’’; and 

17 (B) by striking ‘‘capital’’; 

18 (2) in subsection (b)— 

19 (A) in paragraph (4)— 

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

21 ‘‘(42 U.S.C. 16901 et seq.);’’ and inserting 

22 ‘‘(34 U.S.C. 20901 et seq.); and’’; and 

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

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

25 ‘‘life imprisonment’’; and 
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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(5) A person who— 

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

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

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

7 offender for purposes of the Sex Offender Reg8 istration and Notification Act (34 U.S.C. 20901 

9 et seq.); but 

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

11 by reason of such person not being available for 

12 trial due to death or flight to avoid prosecu13 tion.’’; 

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

15 (b)(3)’’ and inserting ‘‘paragraph (3) or (5) of sub16 section (b)’’; 

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

18 a State capital crime’’ and inserting ‘‘, a State cap19 ital crime, or a Federal or State crime that would 

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

21 purposes of the Sex Offender Registration and Noti22 fication Act (34 U.S.C. 20901 et seq.),’’; and 

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

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

25 crime, or a Federal or State crime that would cause 
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1 the person to be a tier III sex offender for purposes 

2 of the Sex Offender Registration and Notification 

3 Act (34 U.S.C. 20901 et seq.),’’. 

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

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

6 by striking the item relating to section 2411 and inserting 

7 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.’’. 

Passed the Senate December 19, 2022. 

Attest: 

Secretary. 
117TH CONGRESS 

2D SESSION S. 4949 

AN ACT 

To amend title 38, United States Code, to address 

for other purposes. green burial sections in national cemeteries, and