United States Code

§ 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.)

CODIFICATION

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, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces"

which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 283. Cemetery near City of Mexico.

The President is authorized to provide, out of the ordinary annual appropriations for establishing and maintaining United States military cemeteries, for the proper care and preservation and maintenance of the cemetery or burial ground near the City of Mexico, in which are interred the remains of officers and soldiers of the United States, and of citizens of the United States, who fell in battle or died in and around said city. (R. S. § 4879.)

Section, acts Feb. 24, 1925, ch. 306, § 2, 43 Stat. 970; May 10, 1928, ch. 515, 45 Stat. 494, which authorized the Secretary of War to accept the land comprising the burial place of President Zachary Taylor, and to establish a national cemetery thereon, has been omitted as executed. § 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.)

CODIFICATION

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.

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.

On and after July 27, 1953, no railroad shall be permitted upon any right-of-way acquired by the United States leading to a national cemetery, or to encroach on any roads or walks thereon maintained by the United States. (July 27, 1953, ch. 245, § 101, 67 Stat. 197.)

SIMILAR PROVISIONS

The text of this section was taken from the Civil Functions Appropriation Act, 1954. Similar provisions were contained in the following prior appropriation acts: 1952-July 11, 1952, ch. 669, § 101, 66 Stat. 579. 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.

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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. 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. 1939-June 28, 1939, ch. 246, § 1, 53 Stat. 857. 1938-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-Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375. 1928-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, the Secretary of the Navy, and the Secretary of the Air Force, 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.)

REFERENCES IN TEXT

The words "first Monday in December" refer to the time when Congress assembled each year pursuant to the Constitution, Art. 1, § 4. This was changed to the 3rd day of January each year by Amendment XX, § 2.

CODIFICATION

The Secretary of the Air Force was inserted under the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II. 61 Stat. 501. 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 such act July 26, 1947. Sections 205 (a) and 207 (a), (f) of act July 26, 1947, were repealed by section 53 of act Aug 10, 1956, ch. 1041. 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 and 8011-8013 continued the military Departments of the Army and Air Force under the administrative supervision of a Secretary of the Army and a Secretary of the Air Force, respectively.

SECRETARY OF THE AIR FORCE

For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from the Secretary of the Army to the Secretary of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(4)], July 22, 1949.

§ 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.)

CODIFICATION

§ 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.)

§ 294. 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.)

CODIFICATION

Air Force was inserted on the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force. Section 207 (a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8011-8013 continued the military Department of the Air Force under the administrative supervision of a Secretary of the Air Force.

§ 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 ap

proach 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.)

CODIFICATION

Gorgas Memorial Laboratory, see section 278 et seq of Title 22, Foreign Relations and Intercourse.

§ 301. Ancon Hospital to be known as Gorgas Hospital. In recognition of his distinguished services to humanity and as a fitting perpetuation of the name and memory of Major General William Crawford Gorgas, the Government hospital within the Canal Zone, near the City of Panama, known prior to March 24, 1928, as the Ancon Hospital, shall after such date be known and designated on the public records as the Gorgas Hospital. (Mar. 24, 1928, ch. 240, § 1. 45 Stat. 365.)

§ 302. Change of name as affecting various rights; records, maps, and public documents.

The change in the name of said hospital shall in no wise affect the rights of the Federal Government, or any municipality, corporation, association, or person; and all records, maps, and public documents of the United States in which said hospital is mentioned or referred to under the name of the Ancon Hospital or otherwise shall be held to refer to the said hospital under and by the name of the Gorgas Hospital. (Mar. 24, 1928, ch. 240, § 2, 45 Stat. 366.)

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TITLE 25.-INDIANS

171

7A. Promotion of Social and Economic Welfare. 305 Rights-of-way Through Indian Lands........... 311 Allotment of Indian Lands.... 331 Descent and Distribution; Heirs of Allottee. 371 Irrigation of Allotted Lands.. 381

9. Regulations by President.

10. Employee to sign letters.

11. Employee or employees to sign approval of tribal deeas.

12. Agent to negotiate commutation of annuities.

13. Expenditure of appropriations by Bureau of Indian Affairs.

14. Money accruing to Indians from Veterans' Administration or other governmental agencies.

§ 1. Commissioner of Indian Affairs.

There shall be in the Department of the Interior a Commissioner of Indian Affairs, who shall be appointed by the President, by and with the advice and consent of the Senate. (R. S. § 462; Jan. 24, 1923, ch. 42, 42 Stat. 1180.)

DERIVATION

Act July 9, 1832, ch. 174, § 1, 4 Stat. 564.

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions. transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3. §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

Page 4113

§ la. Delegation of powers and duties by Secretary of Interior and Commissioner of Indian Affairs. For the purpose of facilitating and simplifying the administration of the laws governing Indian affairs, the Secretary of the Interior is authorized to delegate, from time to time, and to the extent and under such regulations as he deems proper, his powers and duties under said laws to the Commissioner of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior pursuant to law. Subject to the supervision and direction of the Secretary, the Commissioner is authorized to delegate, in like manner, any powers and duties so delegated to him by the Secretary, or vested in him by law, to the assistant commissioners, or the officer in charge of any branch, division, office, or agency of the Bureau of Indian Affairs, insofar as such powers and duties relate to action in individual cases arising under general regulations promulgated by the Secretary of the Interior or the Commissioner of Indian Affairs pursuant to law. Such delegated powers shall be exercised subject to appeal to the Secretary, under regulations to be prescribed by him, or, as from time to time determined by him, to the Under Secretary or to an Assistant Secretary of the Department of the Interior, or to the Commissioner of Indian Affairs. The Secretary or the Commissioner, as the case may be, may at any time revoke the whole or any part of a delegation made pursuant to this section, but no such revocation shall be given retroactive effect. Nothing in this section shall be deemed to abrogate or curtail any authority to make delegations conferred by any other provision of law, nor shall anything in this section be deemed to convey authority to delegate any power to issue regulations. (Aug. 8, 1946, ch. 907, 60 Stat. 939.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions, transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

§ 2. Duties of Commissioner.

The Commissioner of Indian Affairs shall, under the direction of the Secretary of the Interior, and agreeably to such regulations as the President may prescribe, have the management of all Indian affairs and of all matters arising out of Indian relations. (R. S. § 463.)

DERIVATION

Acts July 9, 1832. ch. 174, § 1, 4 Stat. 564; July 27, 1868, ch. 259, § 1, 15 Stat. 228.

TRANSFER OF FUNCTIONS

§ 2a. Assistant or deputy commissioners; appointment; powers and duties.

Assistant or deputy commissioners of the Bureau of Indian Affairs, in the Department of the Interior, shall be appointed by the Secretary of the Interior, subject to the civil-service laws and the Classification Act of 1949. Appointments to these positions shall be considered as made under the authority of section 43 of Title 5. Assistant and deputy commissioners so appointed shall be authorized to sign such letters, papers, and documents and to perform such other duties as may be directed by the commissioner of the Bureau of Indian Affairs. The Secretary may designate the Bureau of Indian Affairs an assistant or deputy commissioner, who shall be authorized to perform the duties of the commissioner in case of the death. resignation, absence, or sickness of the commissioner. (June 5, 1942, ch. 336, § 1, 56 Stat. 312; Oct. 28, 1949, ch. 782, title XI, § 1106 (a), 63 Stat. 972.) REFERENCES IN TEXT

The civil-service laws, referred to in the text, are classified generally to Title 5, Executive Departments and Government Officers and Employees.

The Classification Act of 1949, referred to in the text, is classified to chapter 21 of Title 5.

AMENDMENTS

1949-Act Oct. 28, 1949, substituted "Classification Act of 1949" for "Classification Act of 1923".

TRANSFER OF FUNCTIONS

REPEAL OF INCONSISTENT LAWS

Section 2 of act June 5, 1942, provided as follows: "All provisions of law inconsistent with this Act (section 2a of this title) are hereby repealed to the extent of such inconsistency."

§ 3. Compilation of statutes regulating duties of Indian agents and inspectors.

It shall be the duty of the Commissioner of Indian Affairs to cause to be compiled and printed for the use of Indian agents and inspectors the provisions of the statutes regulating the performance of their respective duties, and also to furnish said officers from time to time information of new enactments upon the same subject. (May 17, 1882, ch. 163, § 7, 22 Stat. 88.)

TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of the Interior and all functions of all agencies and employees of the Department were, with two exceptions,

transferred to the Secretary of the Interior, with power vested in him to authorize their performance or the performance of any of his functions by any of those officers, agencies, and employees, by 1950 Reorg. Plan No. 3, §§ 1, 2, eff. May 24, 1950, 15 F. R. 3174, 64 Stat. 1262, set out in note under section 481 of Title 5, Executive Departments and Government Officers and Employees.

INDIAN AGENTS

There have been no Indian agents since 1908. See note under section 64 of this title.

§ 4. Defective record of deeds and papers legalized. The recording of all deeds and papers prior to July 26, 1892, in the office of the Commissioner of Indian Affairs is confirmed, approved, and legalized; and said record theretofore made shall be deemed, taken, and held to be good and valid and shall have all the force and effect and be entitled to the same credit as if it had been made in pursuance of and in conformity to law. But shall have no effect whatever upon the validity or invalidity of the deed or paper so recorded, and shall be no evidence of constructive notice to any persons not actually knowing the contents. (July 26, 1892, ch. 256, § 1, 27 Stat. 272.)

§ 5. Record of deeds by Indians requiring approval. The Commissioner of Indian Affairs is empowered and directed to continue to make and keep a record of every deed executed by any Indian, his heirs, representatives, or assigns, which may require the approval of the President of the United States or of the Secretary of the Interior, whenever such approval shall have been given, and the deed so approved returned to said office. (July 26, 1892, ch. 256, § 2, 27 Stat. 273.)

TRANSFER OF FUNCTIONS

§ 6. Seal; authenticated and certified documents; evidence.

The Commissioner of Indian Affairs shall cause a seal to be made and provided for the said office, with such device as the President of the United States shall approve, and copies of any public documents, records, books, maps, or papers belonging to or on the files of said office, authenticated by the seal and certified by the commissioner thereof, or by such officer as may, for the time being, be acting as or for such commissioner, shall be evidence equally with the originals thereof. (July 26, 1892, ch. 256, § 3, 27 Stat. 273.)

TRANSFER OF FUNCTIONS

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United States Code, Band 5