38 USC § 2412 - Lease of land and buildings

---
identifier: "/us/usc/t38/s2412"
source: "usc"
legal_status: "official_legal_evidence"
title: "38 USC § 2412 - Lease of land and buildings"
title_number: 38
title_name: "VETERANS’ BENEFITS"
section_number: "2412"
section_name: "Lease of land and buildings"
chapter_number: 24
chapter_name: "NATIONAL CEMETERIES AND MEMORIALS"
part_number: "II"
part_name: "GENERAL BENEFITS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-21"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 108–454, title VI, § 602(a), Dec. 10, 2004, 118 Stat. 3623.)"
---


# § 2412. Lease of land and buildings

**(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]

See References in Text note below.

**(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.)

## Editorial Notes

### References in Text

Section 3709 of the Revised Statutes, referred to in subsec. (c)(1), was classified to section 5 of former Title 41, Public Contracts, and was repealed and restated in , Public Contracts, by , §§ 3, 7(b), , , 3855.