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24 U.S.C. § 286 to 290 — Repealed. Pub. L. 93–43, § 7(a)(1), (13)–(18), (42), (44)–(46), June 18, 1973, 87 Stat. 82, 83, 85

Federal law — U.S. Code and appendices · legal_authorities

24 U.S.C. § 286 to 290 — Repealed. Pub. L. 93–43, § 7(a)(1), (13)–(18), (42), (44)–(46), June 18, 1973, 87 Stat. 82, 83, 85

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Source file: Laws/federal/codes/united-states-code/title-24/section-286-to-290-24-u-s-c-286-to-290-repealed-pub-l-9343-7-a-1-13-18-42-44-46-june-18-197--8234304bef.md
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Source location: Title 24, Chapter 7, § 286 to 290; chapter-007-national-cemeteries.md

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### Statutory Notes Section 286, R.S. § 4881; act Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167, provided penalty for defacing cemeteries. See [section 901 of Title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section901&num=0&edition=prelim), Veterans’ Benefits. Section 287, R.S. § 4882, related to jurisdiction of United States upon purchase of any national cemetery with consent of any State legislature. Section 288, acts 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; June 30, 1954, ch. 425, § 101, 68 Stat. 331; July 15, 1955, ch. 370, title III, 69 Stat. 360; July 2, 1956, ch. 490, title III, 70 Stat. 479, prohibited expenditure of any appropriation for maintenance of more than a single approach to any national cemetery. Section 289, act May 23, 1941, ch. 130, 55 Stat. 191, provided for conveyance to State or municipality of approach road to national cemetery. See [section 2404(f) of Title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2404/f&num=0&edition=prelim), Veterans’ Benefits. Section 290, act July 27, 1953, ch. 245, § 101, 67 Stat. 197, prohibited encroachment by railroad on rights of way. See [section 2404 of Title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2404&num=0&edition=prelim). #### Effective Date of Repeal Repeal effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 93–43, set out as a note under [section 2306 of Title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2306&num=0&edition=prelim), Veterans’ Benefits. #### Matured Rights and Duties, Incurred Penalties, Liabilities, and Forfeitures, and Commenced Proceedings Excepted in Repeal of National Cemeteries Provisions Provisions repealed except with respect to rights and duties matured, penalties, liabilities, and forfeitures that were incurred, and proceedings that were begun before effective date of section 7 of Pub. L. 93–43, see section 7(a) of Pub. L. 93–43, set out as a note under sections 271 to 276 of this title. #### Conveyance to State or Municipality of Approach Road to National Cemetery Provisions similar to those set out in former [section 289 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section289&num=0&edition=prelim) relating to conveyance to State or municipality of approach road to national cemetery, were also repealed by Pub. L. 93–43, § 7(a)(27) to (29), June 18, 1973, 67 Stat. 84. Subject matter was contained in the following prior appropriation acts: June 24, 1940, ch. 415, 54 Stat. 506. June 28, 1939, ch. 246, 53 Stat. 857. June 11, 1938, ch. 348, 52 Stat. 668. #### Encroachment by Railroad on Rights of Way Provisions similar to those set out in former [section 290 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title24-section290&num=0&edition=prelim) relating to encroachment by railroad on rights of way were also repealed by Pub. L. 93–43, § 7(a)(19) to (41), (43), June 18, 1973, 87 Stat. 83 to 85. Subject matter was contained in the following prior appropriation acts: July 11, 1952, ch. 669, 66 Stat. 579. Oct. 24, 1951, ch. 556, 65 Stat. 617. Sept. 6, 1950, ch. 896, ch. IX, 64 Stat. 725. Oct. 13, 1949, ch. 688, 63 Stat. 846. June 25, 1948, ch. 655, 62 Stat. 1019. July 31, 1947, ch. 411, 61 Stat. 687. May 2, 1946, ch. 247, 60 Stat. 161. Mar. 31, 1945, ch. 45, 59 Stat. 39. June 26, 1944, ch. 275, 58 Stat. 327. June 2, 1943, ch. 115, 57 Stat. 94. Apr. 28, 1942, ch. 246, 56 Stat. 220. May 23, 1941, ch. 130, 55 Stat. 191. June 24, 1940, ch. 415, 54 Stat. 506. June 28, 1939, ch. 246, 53 Stat. 857. June 11, 1938, ch. 348, 52 Stat. 668. July 19, 1937, ch. 511, 50 Stat. 515. May 15, 1936, ch. 404, 49 Stat. 1305. Apr. 9, 1935, ch. 54, title II, 49 Stat. 145. Apr. 26, 1934, ch. 165, title II, 48 Stat. 639. Mar. 4, 1933, ch. 281, title II, 47 Stat. 1595. July 14, 1932, ch. 482, title II, 47 Stat. 689. Feb. 23, 1931, ch. 279, title II, 46 Stat. 1302. May 28, 1930, ch. 348, title II, 46 Stat. 458. Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375. Mar. 23, 1928, ch. 232, title II, 45 Stat. 354. Feb. 23, 1927, ch. 167, title II, 44 Stat. 1138. Apr. 15, 1926, ch. 146, title II, 44 Stat. 287. Feb. 12, 1925, ch. 225, title II, 43 Stat. 926.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2306 — Headstones, markers, and burial receptacles

**(a)** The Secretary shall furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following: (1) Any individual buried in a national cemetery or in a post cemetery. (2) Any individual eligible for burial in a national cemetery (but not buried there), except for those persons or classes of persons enumerated in section 2402(a)(4), (5), and (6) of this title. (3) Soldiers of the Union and Confederate Armies of the Civil War. (4) Any individual described in [section 2402(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2402/a/5&num=0&edition=prelim) who is buried in a veterans’ cemetery owned by a State or a veterans’ cemetery owned by a tribal organization or on land owned by or held in trust for a tribal organization. (5) Any individual who at the time of death was entitled to retired pay under chapter 1223 of title 10 or would have been entitled to retired pay under that chapter but for the fact that the person was under 60 years of age. **(b)** (1) The Secretary shall furnish, when requested, an appropriate memorial headstone or marker for the purpose of commemorating an eligible individual whose remains are unavailable. Such a headstone or marker shall be furnished for placement in a national cemetery area reserved for that purpose under [section 2403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2403&num=0&edition=prelim), a veterans’ cemetery owned by a State, a veterans’ cemetery of a tribal organization or on land owned by or held in trust for a tribal organization, or, in the case of a veteran, in a State, local, or private cemetery. (2) For purposes of paragraph (1), an eligible in

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 901 — Authority to prescribe rules for conduct and penalties for violations

**(a)** (1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property. (2) In this chapter, the term “Department property” means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. **(b)** Regulations under subsection (a) shall include— (1) rules for conduct on Department property; and (2) the penalties, within the limits specified in subsection (c), for violations of such rules. **(c)** Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. **(d)** The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. **(e)** The Secretary shall consult with the Attorney General before prescribing regulations under this section. **(f)** (1) The Secretary may not prohibit the use of a covered service dog in any facility or on any property of the Department or in any facility or on any property that receives funding from the Secretary. (2) For purposes of this subsection, a covered service dog is a service dog that has been trained by an entity that is accredited by an appropriate accrediting body that evaluates and ac

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2404 — Administration

**(a)** The Secretary is authorized to make all rules and regulations which are necessary or appropriate to carry out the provisions of this chapter, and may designate those cemeteries which are considered to be national cemeteries. **(b)** In conjunction with the development and administration of cemeteries for which the Secretary is responsible, the Secretary shall provide all necessary facilities including, as necessary, superintendents’ lodges, chapels, crypts, mausoleums, and columbaria. **(c)** (1) Subject to paragraph (2), each grave in a national cemetery shall be marked with an appropriate marker. Such marker shall bear the name of the person buried, the number of the grave, and such other information as the Secretary shall by regulation prescribe. (2) The grave markers referred to in paragraph (1) shall be upright for interments that occur on or after January 1, 1987, except that— (A) in the case of any cemetery scheduled to be closed by September 30, 1991, as indicated in the documents submitted by the Administrator of Veterans’ Affairs to the Congress in justification for the amounts included for Veterans’ Administration programs in the President’s Budget for fiscal year 1987, the Secretary may provide for flat grave markers; (B) in the case of any cemetery with a section which has flat markers on October 28, 1986, the Secretary may continue to provide for flat grave markers in such section; (C) in the case of any cemetery located on the grounds of or adjacent to a Department health-care facility, the Secretary may provide for flat grave markers; (D) in the case of grave sites of cremated remains that are interred in the ground, the Secretary may provide for flat grave markers.11 So in original. The period probably should be a semicolon. (

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