DERIVATION

Act Feb. 22, 1867, ch. 61, § 5, 14 Stat. 400.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by section 205 (a) of act July 26, 1947.

§ 273. Payment of appraised value.

When appraisement of the real estate thus entered upon and appropriated has been made under the order and direction of the court, the fee simple thereof shall, upon payment to the owner of the appraised value, or in case such owner refuses or neglects for thirty days after the appraisement of the cash value of the real estate or improvements as aforesaid, to demand the same from the Secretary of the Army, upon depositing the appraised value in the court making such appraisement, to the credit of such owner, be vested in the United States, and its jurisdiction over such real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropriated for the purposes of navy yards, forts, and arsenals. The Secretary of the Army is authorized and required to pay to the several owner or owners, respectively, the appraised value of the several pieces or parcels of real estate, as specified in the appraisement of any of such courts, or to pay into any of such courts by deposit, as provided in this section, the appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of national cemeteries. (R. S. § 4872; July 26, 1947, ch. 343, title П, § 205 (a), 61 Stat. 501.)

DERIVATION

Act Feb. 22, 1867, ch. 61, § 6, 14 Stat. 400.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by section 205 (a) of act July 26, 1947.

§ 274. Superintendents of cemeteries.

The Secretary of the Army shall cause to be erected at the principal entrance of each national cemetery a suitable building to be occupied as a porter's lodge; and shall appoint a meritorious and trustworthy superintendent to reside therein, for the purpose of guarding and protecting the cemetery and giving information to parties visiting the same. (R. S. § 4873; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

DERIVATION

Act Feb. 22, 1867, ch. 61, § 2, 14 Stat. 400.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by act July 26, 1947.

REPEALS

Section 2 of act Mar. 24, 1948, repealed section 4874 of Revised Statutes which was formerly set out as this section.

§ 275. Selection of superintendents.

Superintendents of the national cemeteries shall be selected from meritorious and trustworthy members of the armed forces who have been honorably separated from the service of the United States, and who have been disabled in line of duty for active field service. (Mar. 24, 1948, ch. 143, § 1, 62 Stat. 84.)

§ 276. Fuel and quarters for superintendents. The superintendents of the national cemeteries shall be furnished with quarters and fuel at the several cemeteries. (R. S. § 4875; July 30, 1912, ch.

258, 37 Stat. 240.)

DERIVATION

Act May 18, 1872, ch. 173, § 2, 17 Stat. 135.

§ 277. Superintendent of Antietam Battlefield. CODIFICATION

Section, acts Feb. 12, 1925, ch. 225, title II, 43 Stat. 926; Apr. 15, 1926, ch. 146, title II, 44 Stat. 288, expired with the appropriation acts of which it was a part.

§ 278. Care and maintenance of cemeteries.

The Secretary of the Army shall provide for the care and maintenance of the national military cemeteries. (July 24, 1876, ch. 226, § 1, 19 Stat. 99; June 10, 1921, ch. 18, §§ 206, 215, 42 Stat. 21, 23; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501; Sept. 12, 1950, ch. 946, title III, § 301 (96), 64 Stat. 844.)

AMENDMENTS

1950-Act Sept. 12, 1950, amended section by repealing the provision requiring submission of an estimate with annual estimates to the Bureau of the Budget, for the purpose of providing for care and maintenance of the national military cemeteries.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by act July 26, 1947.

§ 279. Inclosure, headstones, and registers.

In the arrangement of the national cemeteries established for the burial of deceased soldiers and sailors, the Secretary of the Army is directed to have the same inclosed with a good and substantial stone or iron fence; and to cause each grave to be marked with a small headstone or block which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the Office of Secretary of the Army, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or if these are unknown, it shall be so recorded. (R. S. § 4877; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.) DERIVATION

Acts Feb. 22, 1867, ch. 61, § 1, 14 Stat. 399; June 8, 1872, ch. 368, 17 Stat. 345; Mar. 3, 1873, ch. 229, 17 Stat. 545.

CHANGE OF NAME

The title of the Secretary of War was changed to the Secretary of the Army by act July 26, 1947.

§ 279a. Headstones for unmarked graves of members of armed forces and soldiers of Union and Confederate Armies; compilation of list; inscription of names on memorial.

The Secretary of the Army is authorized and directed to furnish appropriate Government headstones or markers for the unmarked graves of soldiers of the Union and Confederate Armies of the Civil

War, and for the unmarked graves of all members of the armed forces of the United States dying in the service, or former members whose last service terminated honorably; and for all unmarked graves in post and national cemeteries. The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force are authorized and directed to compile a list of the names of all members of the armed forces of the United States who died while serving in such forces in the overseas theaters of operations on or after September 3, 1939, and whose bodies have not been recovered or identified or have been buried at sea. Upon the compilation of such list of names and other appropriate data, the American Battle Monuments Commission and the Secretary of the Army are authorized and directed to provide for the inscribing of each such name and pertinent data with respect to the individual on the wall of a chapel or other appropriate memorial erected by the American Battle Monuments Commission or by the Department of the Army. In determining the particular chapel or other memorial on the wall of which any particular name shall be inscribed, the Commission and the Secretary shall follow the general rule of having the name inscribed upon the wall of that chapel or other memorial which is appropriate in view of the circumstances under which the deceased died in the service of his country. (July 1, 1948, ch. 791, § 1, 62 Stat. 1215.) § 279b. Same; rules and regulations.

The Secretary of the Army is authorized and directed to make rules and regulations concerning the type, design, weight, and size of headstones erected in all cemeteries under his control and jurisdiction, and of all headstones or markers furnished pursuant to the provisions of sections 279a-279c of this title. (July 1, 1948, ch. 791, § 2, 62 Stat. 1216.) § 279c. Same; preservation of records.

The Secretary of the Army shall cause to be preserved in the records of his office, the names when known, and places of burial of all persons for whom headstones or markers are authorized by section 279a of this title. The rank, organization, date of death, and such other information as the Secretary of the Army prescribes shall be included in the record. (July 1, 1948, ch. 791, § 3, 62 Stat. 1216.)

S$ 280-280b. Repealed. July 1, 1948, ch. 791, § 4, 62 Stat. 1216.

Section 280, act Feb. 3, 1879, ch. 44, 20 Stat. 281, related to headstones in private cemeteries, and is now covered by sections 279a-279c of this title.

Section 280a, act Feb. 26, 1929, ch. 324, 45 Stat. 1307, related to headstones for Confederate soldiers, and is now covered by sections 279a-279c of this title.

Section 280b, act Apr. 18, 1940, ch. 109, 54 Stat. 142, related to standard headstones and is now covered by sections 279a-279c of this title.

§ 281. Persons to be buried in national cemeteries; regulations; definition of "widow".

Burial in national cemeteries of the remains of the following classes of persons is authorized under such regulations as the Secretary of the Army may prescribe: (a) Any member or former member of the armed forces of the United States whose last

service terminated honorably, by death or otherwise; (b) any citizen of the United States who, during any war in which the United States has been or may hereafter be engaged, served in the armed forces of any government allied with the United States during such war, and whose last service terminated honorably, by death or otherwise; and (c) the wife, husband, widow, widower, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child of any of the persons enumerated in (a) and (b) herein: Provided, That the remains of those persons enumerated in (c), above, may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery or in a post cemetery if, upon death, the related member of the armed forces of the United States or allied government is not buried in the same or an adjoining grave site. Persons who were members of the Cabinet of the President of the United States at any time during the period between April 6, 1917, and November 11, 1918, may also be buried in any national cemetery: Provided, That the interment is without cost to the United States. As used in this section, the term "widow" includes the widow of any member of the armed forces of the United States lost or buried at sea or officially determined to be permanently absent in a status of missing or missing in action. (May 14, 1948, ch. 289, § 1, 62 Stat. 234.)

REPEALS

Section 2 of act May 14, 1948, repealed R. S. § 4878; acts Mar. 3, 1897, ch. 378, 29 Stat. 625; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1389; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800. Apr. 15, 1920, ch. 140, 41 Stat. 552; June 13, 1935, ch. 223, 49 Stat. 339, formerly cited to this section, which contained provisions somewhat similar to the present text. Act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800 was also repealed by act Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561. §281a. Utilization of surplus military real property for cemeteries.

When the Secretary of the Army determines that there is need for an additional cemetery or cemeteries for the burial of members of the armed forces of the United States dying in the service or former members whose last discharge therefrom was honorable and certain other persons as provided for by section 281 of this title, he is authorized to utilize and expand existing facilities at Fort Rosecrans, California, and Jefferson Barracks, Missouri, when practicable, through the use of federally owned lands under the jurisdiction of the Department of the Army for military purposes and not needed for such purposes for the establishment thereon of a national cemetery or cemeteries. (July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501; Aug. 4, 1947, ch. 467, § 1, 61 Stat. 742.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

APPROPRIATIONS

Section 4 of act Aug. 4, 1947, provided: "There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry into effect the purposes of this Act [sections 281a-281c of this title]."

§ 281b. Same; expansion of existing cemeteries; limitation of area.

Upon the selection by the Secretary of the Army of such land, as provided in section 281a of this title, the Secretary of the Army is authorized and directed to expand existing national cemeteries and to provide for the care and maintenance thereof. No national cemetery as expanded pursuant to sections 281a281c of this title shall have an area in excess of six hundred and forty acres. (July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501; Aug. 4, 1947, ch. 467, § 2, 61 Stat. 742.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947.

§ 281c. Same; regulations by Secretary of the Army. The Secretary of the Army is authorized to prescribe such regulations as he may deem necessary for the administration of sections 281a-281c of this title. (July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501; Aug. 4, 1947, ch. 467, § 3, 61 Stat. 742.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947.

§ 281d. Utilization of surplus military real property for cemeteries at Fort Logan, Colo.

When the Secretary of the Army determines that there is need for an additional cemetery or cemeteries for the burial of members of the armed forces of the United States dying in the service or former members whose last discharge therefrom was honorable and certain other persons as provided for by law, he is authorized to utilize such of the federally owned lands under the jurisdiction of the Department of the Army at Fort Logan, Colorado, as are not needed for military purposes for the establishment thereon of a national cemetery. (Mar. 10, 1950, ch. 52, § 1, 64 Stat. 15.)

APPROPRIATIONS

Section 4 of act Mar. 10, 1950, provided that: "There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry into effect the purposes of this Act [sections 281d-281f of this title]." § 281e. Same; selection of lands; care and maintenance; size.

Upon the selection by the Secretary of the Army of any lands, as provided in section 281d of this title, he is authorized and directed to establish thereon a national cemetery and to provide for the care and maintenance of such cemetery. No national cemetery established pursuant to sections 281d-281f of this title shall have an area in excess of one hundred and sixty acres. (Mar. 10, 1950, ch. 52, § 2, 64 Stat. 12.)

§ 281f. Same; rules and regulations by Secretary of the Army.

The Secretary of the Army is authorized to prescribe such regulations as he may deem necessary

for the administration of sections 281d-281f of this title. (Mar. 10, 1950, ch. 52, § 3, 64 Stat. 12.)

§ 281g. Expansion of existing cemeteries.

The Secretary of the Army is authorized and directed

To expand existing facilities at the Rock Island National Cemetery, Rock Island, Illinois, by utilizing not to exceed thirty acres of federally owned lands under the jurisdiction of the Department of the Army adjoining the present national cemetery facility, which are surplus to military needs, and to provide for the care and maintenance thereof under the same regulations as prescribed for other national cemeteries under the jurisdiction of the Department of the Army; and

To expand existing facilities at the Fort Leavenworth National Cemetery, Fort Leavenworth, Kansas, by utilizing not to exceed eight acres of federally owned land under the jurisdiction of the Department of the Army, adjoining the present national cemetery facility, which are surplus to military needs, and to provide for the care and maintenance thereof under the same regulations as prescribed for other national cemeteries under the jurisdiction of the Department of the Army.

The Secretary of the Navy is authorized to transfer, without compensation therefor, to the Secretary of the Army for cemeterial purposes such Government-owned land under the jurisdiction of the Department of the Navy, located adjacent to the Barrancas National Cemetery near the city of Pensacola, Florida, as may be determined by the Secretary of the Navy to be available for the expansion of said cemetery. The lands transferred pursuant to the provisions of this section shall be constituted a part of the Barrancas National Cemetery. (Aug. 10, 1950, ch. 672, §§ 1, 2, 64 Stat. 434.) CODIFICATION

Section is comprised of sections 1 and 2 of act Aug. 10, 1950.

§ 282. Burial of Confederate veterans.

Persons dying in the District of Columbia or in the immediate vicinity thereof who have served in the Confederate armies during the Civil War may be buried in the Confederate section of the Arlington National Cemetery without additional expense to the United States upon the certificate of Camp Numbered 171, United Confederate Veterans of the District of Columbia, that such persons are entitled to burial under the authority given in this section: Provided, That all such interments shall be under the supervision and subject to the approval of the Secretary of the Army. (Aug. 24, 1912, ch. 355, § 1, 37 Stat. 440; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

§ 283. Cemetery near City of Mexico..

The President is authorized to provide, out of the ordinary annual appropriations for establishing and

§ 286. Penalty for defacing cemeteries.

Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, gravestone, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $25, and not more than $100, or by imprisonment for not less than fifteen days, and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged in committing any misdemeanor prohibited in this section, and to bring such person before any United States commissioner or judge of any district court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form. (R. S. § 4881; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

DERIVATION

Act Feb. 22, 1867, ch. 61, § 3, 14 Stat. 400.

§ 287. Jurisdiction of United States.

From the time any State legislature shall give the consent of such State to the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places he held to be the same as is granted by section 8, Article I, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same. (R. S. § 4882.)

DERIVATION

Act July 1, 1870, ch. 200, § 1, 16 Stat. 188.

§ 288. Single approach to cemeteries authorized.

No part of any appropriation for national cemeteries or the repair of roadways thereto shall be expended in the maintenance of more than a single approach to any national cemetery. (Feb. 12, 1925, ch. 225, title II, 43 Stat. 926; Apr. 15, 1926, ch. 146, title II, 44 Stat. 287; Feb. 23, 1927, ch. 167, title II, 44 Stat. 1138; Mar. 23, 1928, ch. 232, title II, 45 Stat. 354; Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375.)

§ 289. Conveyance to State or municipality of approach road to national cemetery.

The Secretary of the Army is authorized to convey to any State, county, municipality, or proper agency thereof, in which the same is located, all the right, title, and interest of the United States in and to any Government owned or controlled approach road to any national cemetery: Provided, That prior to the delivery of any instrument of conveyance hereunder, the State, county, municipality, or agency to which the conveyance herein authorized is to be made, shall notify the Secretary of the Army in writing of its willingness to accept and maintain the road included in such conveyance: Provided further, That upon the execution and delivery of any conveyance herein authorized the jurisdiction of the United States of America over the road conveyed shall cease and determine and shall thereafter vest in the State in which said road is located. (May 23, 1941, ch. 130, § 1, 55 Stat. 191; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

REPEALS

Act Mar. 3, 1925, ch. 418, 43 Stat. 1104, formerly credited to text of this section, was repealed by act Feb. 20, 1931. ch. 235, 46 Stat. 1191. See section 1354 of Title 10, Army and Air Force.

SIMILAR PROVISIONS

The text of this section was taken from the War Department Civil Appropriation Act, 1942, act May 23, 1941. Similar provisions were contained in the following acts: 1940-June 24, 1940, ch. 415, § 1, 54 Stat. 506. 1939-June 28, 1939, ch. 246, § 1, 53 Stat. 857. 1938-June 11, 1938, ch. 348, § 1, 52 Stat. 668.

§ 290. Encroachment by railroad on rights-of-way.

No railroad shall be permitted upon any right-ofway which may have been acquired by the United States leading to a national cemetery, or to encroach upon any roads or walks constructed thereon and maintained by the United States. (July 11, 1952, ch. 669, § 101, 66 Stat. 579.)

SIMILAR PROVISIONS

The text of this section was taken from the Civil Functions Appropriation Act, 1953. Similar provisions were contained in the following prior appropriation acts: 1951-Oct. 24, 1951, ch. 556, § 101, 65 Stat. 616.

1950-Sept. 6, 1950, ch. 896, ch. IX, § 101, 64 Stat. 725. 1949-Oct. 13, 1949, ch. 688, § 6, 63 Stat. 846. 1948-June 25, 1948, ch. 655, § 1, 62 Stat. 1019. 1947-July 31, 1947, ch. 411, § 1, 61 Stat. 686. 1946-May 2, 1946, ch. 247, § 1, 60 Stat. 161. 1945-Mar. 31, 1945, ch. 45, § 1, 59 Stat. 39. 1944 June 26, 1944, ch. 275, § 1, 58 Stat. 327.

1939 1938

1943-June 2, 1943, ch. 115, § 1, 57 Stat. 94. 1942-Apr. 28, 1942, ch. 246, § 1, 56 Stat. 220. 1941-May 23, 1941, ch. 130, § 1, 55 Stat. 191. 1940-June 24, 1940, ch. 415, § 1, 54 Stat. 506. June 28, 1939, ch. 246, § 1, 53 Stat. 857. June 11, 1938, ch. 348, § 1, 52 Stat. 668. 1937-July 19, 1937, ch. 511, § 1, 50 Stat. 515. 1936-May 15, 1936, ch. 404, § 1, 49 Stat. 1305. 1935-Apr. 9, 1935, ch. 54, title II, 49 Stat. 145. 1934 Apr. 26, 1934, ch. 165, title II, 48 Stat. 639. 1933-Mar. 4, 1933, ch. 281, title II, 47 Stat. 1595. 1932-July 14, 1932, ch. 482, title II, 47 Stat. 689. 1931-Feb. 23, 1931 ch. 279, title II, 46 Stat. 1302. 1930-May 28, 1930, ch. 348, title II, 46 Stat. 458.

1929 1928

Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375. Mar. 23, 1928, ch. 232, title II, 45 Stat. 354. 1927-Feb. 23, 1927, ch. 167, title II, 44 Stat. 1138. 1926-Apr. 15, 1926, ch. 146, title II, 44 Stat. 287. 1925-Feb. 12, 1925, ch. 54, title II, 49 Stat. 145.

§ 291. Arlington Memorial Amphitheater; commission to make recommendations for inscriptions, entombments, etc.

A commission is created, to be composed of the Secretary of the Army and the Secretary of the Navy, which shall submit annually to the President, who shall transmit the same to Congress by the first Monday in December, recommendations as to what, if any, inscriptions, tablets, busts, or other memorials shall be erected, and what, if any, bodies of deceased members of the Army, Air Force, Navy, and Marine Corps shall be entombed during the next ensuing year within the Arlington Memorial Amphitheater, in the Arlington National Cemetery, Virginia: Provided, That no memorial shall be placed and no body shall be interred in the grounds about the Arlington Memorial Amphitheater within a distance of two hundred and fifty feet from the said memorial. (Mar. 4, 1921, ch. 169, § 1, 41 Stat. 1440; July 26, 1947, ch. 343, title II, §§ 205 (a), 208, 61 Stat. 501, 502.)

"Air Force" was inserted in text of section on authority of section 208 of act July 26, 1947. See section 626c of Title 5, Executive Departments and Government Officers and Employees.

§ 292. Same; chairman and executive and disbursing officer of commission.

The Secretary of the Army shall be the chairman of the commission created in section 291 of this title and the depot quartermaster of the Army in Washington shall be its executive and disbursing officer. (Mar. 4, 1921, ch. 169, § 2, 41 Stat. 1440; July 26, 1947, ch. 343, title II, §§ 205 (a), 208, 61 Stat. 501, 502.)

CHANGE OF NAME

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by act July 26, 1947.

§ 293. Same; specific authorization from Congress for inscriptions, entombments, etc.

No inscription, tablet, bust, or other memorial shall be erected nor shall any body be entombed within the Arlington Memorial Amphitheater unless specifically authorized in each case by Act of the Congress. (Mar. 4, 1921, ch. 169, § 3, 41 Stat. 1440.)

8294. Same; restrictions on inscriptions, entombments, etc.

No inscription, tablet, bust, or other memorial as provided for in sections 291-295 of this title shall be erected to commemorate any person who shall not have rendered conspicuously distinguished service in the United States Army, Air Force, Navy, or Marine Corps, nor shall the body of any such person be entombed in the Arlington Memorial Amphitheater; nor shall any such memorial be erected or any body be entombed therein within ten years after the date of the death of the person so to be commemorated, except as authorized by Congress. (Mar. 4, 1921, ch. 169, § 4, 41 Stat. 1440; July 26, 1947, ch. 343, title II, § 208, 61 Stat. 502.)

AIR FORCE

"Air Force" was inserted in text of section on authority of act July 26, 1947. See section 626c of Title 5, Executive Departments and Government Officers and Employees.

§ 295. Same; character of inscriptions, etc.

The character, design, and location of any such inscriptions, tablets, busts, or other memorials when authorized as provided for in sections 293 and 294 of this title shall be subject to the approval of the commission created in section 291 of this title, which shall in each case obtain the advice of the Commission of Fine Arts. (Mar. 4, 1921, ch. 169, § 5, 41 Stat. 1440.)

§ 296. Preservation of historic graveyards in abandoned military posts; conveyance to grantees. The Secretary of the Army is authorized in his discretion, and upon such terms and conditions as he may determine with or without monetary consideration, to transfer and convey all right, title, and interest of the United States in or to any historic military cemetery or burial plot located on military posts or reservations which have heretofore, or may hereafter, become abandoned or useless for military purposes, including the graves and monuments contained in such cemeteries or burial plots and approach roads and appurtenances thereto, together with the responsibility for the perpetual care and maintenance thereof, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located: Provided, That in the event the grantee shall cease or fail to care for and maintain the historic military cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Secretary of the Army, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. (July 1, 1947, ch. 187, 61 Stat. 234; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501.)