National Cemeteries Preservation and Protection Act of 2022
Bill: S.4949 | Sponsor: Sen. Tester, Jon (D-MT)
Policy area: Armed Forces and National Security

Summary:
National Cemeteries Preservation and Protection Act of 2022
This act addresses the administration and jurisdiction of national cemeteries.
Specifically, the act requires the Department of Veterans Affairs (VA) to pay a plot or interment allowance for a veteran if the veteran was buried before March 15, 2022, in a cemetery on trust land owned by, or held in trust for, a tribal organization, and the organization that maintains or operates the cemetery applies for such allowance. Such allowance is only authorized if a plot or interment allowance was not already paid for the burial of such veteran.
The act also authorizes the VA to designate green burial sections in national cemeteries (i.e., sections of cemeteries in which the remains of individuals have been prepared for interment in a manner not involving chemicals or embalming fluids and have been interred in a natural manner or completely biodegradable burial receptacle).
The act authorizes the Department of the Army to transfer certain lands to the VA to expand the Fort Bliss National Cemetery.
In addition, the act authorizes the Department of the Interior to transfer certain land to the VA for the land to be used as a national cemetery.
Finally, the act prohibits persons who have committed certain crimes from being interred or memorialized in a cemetery in the National Cemetery Administration or in Arlington National Cemetery.

[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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