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38 U.S.C. § 2412 — Lease of land and buildings

submitted 22 years ago by Pub. L. 108-454 to r/title-38-VETERANS-BENEFITS · 311 words · no verdicts yet

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The Secretary may lease certain unused National Cemetery Administration land and buildings for up to 10 years. The section also creates a Treasury fund for lease proceeds and related amounts to operate and maintain Administration property.

(a) Lease authorized. The Secretary may lease undeveloped land and unused or underused buildings, or parts of them, that belong to the United States and are part of the National Cemetery Administration. (b) Term. A lease under subsection (a) may last no more than 10 years. (c) Lease to public or nonprofit organizations. (1) Such a lease to a public or nonprofit organization may be made without following section 3709 of the Revised Statutes (41 U.S.C. 5). (2) Despite section 1302 of title 40 or any other law, the lease may require the lessee to maintain, protect, or restore the property as all or part of what the lessee gives in exchange for the lease. (d) Notice. Before entering the lease, the Secretary must publish suitable notice of the intention to lease in a newspaper generally circulated in the community where the land or buildings are located. (e) National Cemetery Administration Facilities Operation Fund. (1) The Treasury must have an account called the “National Cemetery Administration Facilities Operation Fund,” or “Fund.” (2) The Fund consists of (A) lease proceeds under this section; (B) proceeds from agricultural licenses for National Cemetery Administration land; and (C) other amounts that law appropriates to or authorizes for deposit in the Fund. (3) The Fund’s money may pay the Administration’s costs of operating and maintaining its property. (4) The money remains available until it is spent.

the actual law source: uscode.house.gov ↗public domain
(a)Lease Authorized.—

The Secretary may lease any undeveloped land and unused or underutilized buildings, or parts or parcels thereof, belonging to the United States and part of the National Cemetery Administration.

(b)Term.—

The term of a lease under subsection (a) may not exceed 10 years.

(c)Lease to Public or Nonprofit Organizations.—
(1)

A lease under subsection (a) to any public or nonprofit organization may be made without regard to the provisions of section 3709 of the Revised Statutes (41 U.S.C. 5).1

(2)

Notwithstanding section 1302 of title 40 or any other provision of law, a lease under subsection (a) to any public or nonprofit organization may provide for the maintenance, protection, or restoration of the leased property by the lessee, as a part or all of the consideration for the lease.

(d)Notice.—

Before entering into a lease under subsection (a), the Secretary shall give appropriate public notice of the intention of the Secretary to enter into the lease in a newspaper of general circulation in the community in which the lands or buildings concerned are located.

(e)National Cemetery Administration Facilities Operation Fund.—
(1)

There is established on the book of the Treasury an account to be known as the “National Cemetery Administration Facilities Operation Fund” (in this section referred to as the “Fund”).

(2)

The Fund shall consist of the following:

(A)

Proceeds from the lease of land or buildings under this section.

(B)

Proceeds of agricultural licenses of lands of the National Cemetery Administration.

(C)

Any other amounts appropriated to or otherwise authorized for deposit in the Fund by law.

(3)

Amounts in the Fund shall be available to cover costs incurred by the National Cemetery Administration in the operation and maintenance of property of the Administration.

(4)

Amounts in the Fund shall remain available until expended.

Source credit: (Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)

history & why it existsrecord from the source credit
  • 2004Enacted · Pub. L. 108-454 · 118 Stat. 3623

A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-454 on 2004-12-10.

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