Proposed Rule2023-03942
Reconsideration of Prior Interment and Memorialization Decisions
Primary source
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Published
February 27, 2023
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) proposes to amend its regulations to implement VA's authority to reconsider a prior decision to inter or honor the memory of a person in a VA national cemetery. As of December 20, 2013, VA was authorized to reconsider a prior decision to inter or memorialize an individual who was convicted of a Federal or State capital crime or tier III sex offense. In addition, VA was authorized to reconsider a prior decision to inter or memorialize an individual who committed a Federal or State capital crime but was not convicted of such crime because that individual was not available for trial due to death or flight to avoid prosecution. This proposed rule would implement review criteria and procedures for reconsideration of prior interment or memorialization decisions.
Full Text
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<title>Federal Register, Volume 88 Issue 38 (Monday, February 27, 2023)</title>
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[Federal Register Volume 88, Number 38 (Monday, February 27, 2023)]
[Proposed Rules]
[Pages 12296-12300]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03942]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AR37
Reconsideration of Prior Interment and Memorialization Decisions
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to amend its
regulations to implement VA's authority to reconsider a prior decision
to inter or honor the memory of a person in a VA national cemetery. As
of December 20, 2013, VA was authorized to reconsider a prior decision
to inter or memorialize an individual who was convicted of a Federal or
State capital crime or tier III sex offense. In addition, VA was
authorized to reconsider a prior decision to inter or memorialize an
individual who committed a Federal or State capital crime but was not
convicted of such crime because that individual was not available for
trial due to death or flight to avoid prosecution. This proposed rule
would implement review criteria and procedures for reconsideration of
prior interment or memorialization decisions.
DATES: Written comments must be received on or before April 28, 2023.
ADDRESSES: Comments must be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
the following website as soon as possible after they have been
received: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. VA will not post on
<a href="http://Regulations.gov">Regulations.gov</a> public comments that make threats to individuals or
institutions or suggest that the commenter will take actions to harm
the individual. VA encourages individuals not to submit duplicative
comments. We will post acceptable comments from multiple unique
commenters even if the content is identical or nearly identical to
other comments. Any public
[[Page 12297]]
comment received after the comment period's closing date is considered
late and will not be considered in the final rulemaking.
FOR FURTHER INFORMATION CONTACT: Artis Parker, Executive Director,
Office of Field Programs, National Cemetery Administration, Department
of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420.
Telephone: (314) 416-6304 (this is not a toll-free number).
SUPPLEMENTARY INFORMATION: On June 5, 2012, the National Cemetery
Administration (NCA) found Michael LaShawn Anderson eligible for burial
at Fort Custer National Cemetery and buried him on June 7, 2012. On
July 27, 2012, NCA was informed by a concerned individual that before
Mr. Anderson died, he shot and killed Ms. Alicia Koehl before he killed
himself. At that time, VA had no authority to reconsider burial
decisions for eligible individuals, which were considered permanent and
final.
On December 20, 2013, the Alicia Dawn Koehl Respect for National
Cemeteries Act (the ``Act''), Public Law 113-65, was enacted, which
specifically authorized VA to disinter the remains of Michael LaShawn
Anderson from Fort Custer National Cemetery. VA was required to notify
Mr. Anderson's next of kin of record of the impending disinterment of
his remains and, upon disinterment, relinquish the remains to the next
of kin of record or arrange for an appropriate disposition of remains
if the next of kin of record is unavailable.
In addition, the Act amended 38 U.S.C. 2411 to authorize VA to
reconsider prior decisions to inter or memorialize individuals who were
convicted of a Federal capital crime, a State capital crime, or a
Federal or State tier III sex offense, in which the conviction was
final. VA may also reconsider prior decisions to inter or memorialize
individuals who were later found to have committed a Federal or State
capital crime but were not convicted due to death or flight to avoid
prosecution. The term ``Federal capital crime'' is defined at section
2411(f)(1) to mean ``an offense under Federal law for which a sentence
of imprisonment for life or the death penalty may be imposed.'' The
term ``State capital crime'' is defined at section 2411(f)(2) to mean,
``under State law, the willful, deliberate, or premeditated unlawful
killing of another human being for which a sentence of imprisonment for
life or the death penalty may be imposed.'' The term ``tier III sex
offense'' is defined at section 2411(b)(4) to mean ``a Federal or State
crime causing the person to be a tier III sex offender for purposes of
the Sex Offender Registration and Notification Act'' (now found at 34
U.S.C. 20901 et seq.). An individual who was convicted of a Federal or
State tier III sex offense must also have been sentenced to a minimum
of life imprisonment. VA's reconsideration authority applies to any
interment or memorialization in a VA national cemetery after the date
of the Act's enactment on December 20, 2013.
VA proposes to add new 38 CFR 38.622 to implement this statutory
reconsideration authority. Section 38.622(a) would provide general
information about the reconsideration authority and designate the Under
Secretary for Memorial Affairs (USMA) as the appropriate Federal
official who may reconsider prior interment and memorialization
decisions. This level of decision-making authority for reconsideration
purposes would be consistent with existing authority for cases
involving application of the section 2411 bar for interment and
memorialization at national cemeteries. See 38 CFR 38.617 (referring to
``the affected cemetery director, or the [USMA], or his or her
designee'' to make determinations involving the section 2411 bar);
38.618 (requiring the USMA to make a finding of whether a deceased
individual committed a Federal or State capital crime for which he or
she was not convicted due to death or flight).
Proposed Sec. 38.622(b) and (c) would describe instances that may
result in reconsideration of prior interment and memorialization
decisions under criteria defined in 38 U.S.C. 2411(d)(2)(A). In the
analysis that follows, we explain each circumstance in which VA would
reconsider a prior interment or memorialization decision and include
references to the applicable statutory provision that imposes the bar
to benefits. We propose, to the extent practicable, to continue to
apply existing standards and procedures relating to the bar to
interment and memorialization benefits under section 2411 to implement
the reconsideration authority to maintain clarity and consistency in
VA's decision-making.
Basis for Application of the Reconsideration Authority
Proposed Sec. 38.622(b) would describe two scenarios where
reconsideration of a prior interment or memorialization decision may be
established by a Federal or State criminal conviction. Under proposed
Sec. 38.622(b)(1), VA may reconsider a prior interment decision if VA
receives written notification (38 U.S.C. 2411(a)(2), (d)(1), (e)(1)(A))
from the United States Attorney General or an appropriate State
official of a final conviction of a person interred or memorialized in
a national cemetery who was convicted of a Federal capital crime (38
U.S.C. 2411(b)(1)), a State capital crime (38 U.S.C. 2411(b)(2)), or a
Federal or State tier III sex offense meeting the requirements of 38
U.S.C. 2411(b)(4).
Under proposed Sec. 38.622(b)(2), VA may reconsider a prior
interment or memorialization decision if VA has not received
notification described in Sec. 38.622(b)(1), but VA has reason to
believe that a person interred or memorialized in a national cemetery
may have been convicted of a Federal or State capital crime meeting the
requirements of 38 U.S.C. 2411(b)(1) or (2), respectively, or may have
been convicted of a Federal or State tier III sex offense meeting the
requirements of 38 U.S.C. 2411(b)(4). These proposed provisions for
reconsidering a prior interment or memorialization decision correspond
to the two bases for applying the section 2411 bar to decedents
convicted of a Federal or State capital crime or sex offense.
In proposed Sec. 38.622(c), VA may reconsider a prior interment or
memorialization decision when a cemetery director, after completing an
official inquiry, determines that there appears to be clear and
convincing evidence that a person interred or memorialized in a
national cemetery committed a Federal or State capital crime but was
not convicted due to death or flight to avoid prosecution (38 U.S.C.
2411(b)(3) and (c)). In such a case, the cemetery director would
recommend that the USMA reconsider VA's decision to inter or
memorialize the decedent. This proposed provision for reconsideration
of prior interment or memorialization decisions would correspond to
application of the statutory bar to benefits for decedents who avoided
prosecution and conviction of a Federal or State capital crime due to
death or flight.
When a cemetery director forwards a case to the USMA for decision,
for one of the three circumstances described in Sec. 38.622(b)(1),
(b)(2), or (c), and the USMA decides to reconsider VA's prior interment
or memorialization decision, the USMA must provide written notification
as proposed in Sec. 38.622(d).
Procedural Guidance for Reconsideration of Prior Interment and
Memorialization Decisions--Conviction
Under proposed Sec. 38.622(d)(1), if VA learns that the deceased
was convicted of a Federal or State capital crime or sexual offense,
either based on notification of the conviction
[[Page 12298]]
(Sec. 38.622(b)(1)) or after an inquiry (Sec. 38.622(b)(2)), and if
the USMA decides to disinter or remove a memorial headstone or marker,
NCA would provide a copy of the written notice of the USMA's reversal
decision to the decedent's next of kin or other person authorized to
arrange for the interment or memorialization of the decedent (i.e.,
personal representative) (38 U.S.C. 2411(d)(2)(A)(i)). The USMA's
written notice of decision would be in accordance with 38 U.S.C. 5104
(Decisions and notices of decisions) and include the following
information: (1) identification of the issues adjudicated; (2) a
summary of the evidence considered by the USMA; (3) a summary of the
applicable laws and regulations; (4) identification of findings
favorable to the claimant; (5) identification of elements leading to
the decision to disinter; (6) an explanation of how to obtain or access
evidence used in making the decision; and (7) an explanation of appeal
rights, which includes the notice of the opportunity to file a notice
of disagreement with the decision of the USMA within 60 days from the
date of the notice (38 U.S.C. 2411(d)(2)(B) and (3)(A)).
Procedural Guidance for Reconsideration of Prior Interment and
Memorialization Decisions--Death or Flight
Proposed Sec. 38.622(d)(2) would outline the process that VA would
follow for cases where the cemetery director determines that there
appears to be clear and convincing evidence that the decedent avoided
being convicted for a Federal or State capital crime due to death or
flight. In these instances, if the USMA decides to reconsider the
interment or memorialization decision, the USMA would provide the
decedent's next of kin or other person authorized to arrange for the
interment or memorialization of the decedent (i.e., personal
representative) with written notice that VA has reason to believe that
the decedent may have committed a Federal or State capital crime and
the USMA is reconsidering VA's prior decision to inter or memorialize
the decedent. This notice would also provide the next of kin or
personal representative with procedural options should they disagree.
The notice of procedural options would inform the decedent's next of
kin or personal representative that they may, within 15 days of receipt
of notice: request a hearing on the matter; submit a written statement,
with or without supporting documentation, for inclusion in the record;
or waive a hearing and submission of a written statement. If a hearing
is requested, the District Executive Director would conduct the
hearing.
The purpose of the hearing would be to permit the personal
representative of the deceased to present evidence concerning whether
the deceased committed a crime that would render the deceased
ineligible for interment or memorialization in a national cemetery.
Testimony at the hearing would be presented under oath, and the
personal representative would have the right to representation by
counsel and the right to call witnesses. The VA official conducting the
hearing would have the authority to administer oaths. The hearing would
be conducted in an informal manner and court rules of evidence would
not apply. The hearing would be recorded on audiotape and, unless the
personal representative waives transcription, a transcript of the
hearing would be produced and included in the record. After the
completion of the procedural options period (including hearing, if
requested), the USMA would then decide whether there is clear and
convincing evidence that the decedent committed a Federal or State
capital crime for which the decedent was not convicted due to the
decedent's unavailability for trial due to death or flight to avoid
prosecution.
If the USMA decides that clear and convincing evidence does not
exist, NCA would notify the next of kin or personal representative that
the decedent may remain interred or that the decedent's memorial
headstone or marker may remain in the national cemetery. If the USMA
decides that clear and convincing evidence does exist, and the USMA
further decides to disinter the remains or remove the memorialization,
NCA would provide written notice of the decision to the decedent's next
of kin or personal representative in accordance with 38 U.S.C. 5104
that includes notice of appellate rights in accordance with 38 CFR
19.25, following the same notification of decision process in cases of
Federal or State capital crime or sexual offense convictions (38 U.S.C.
2411(d)(2)(B) and (3)(A)) in proposed Sec. 38.622(d)(1).
Appeal of Decision To Disinter or Remove Memorialization
Proposed Sec. 38.622(d)(3) references VA actions after receiving a
notice of disagreement from the next of kin or personal representative.
As mentioned above, a notification of decision letter from NCA would
include an opportunity to file a notice of disagreement with the
decision within 60 days of the date of the notice (38 U.S.C.
2411(d)(3)(A)). Once the notice of disagreement is reviewed and the
appellate process is completed, if the Board of Veterans' Appeals
overturns the USMA's decision to disinter the decedent or remove the
decedent's memorial headstone or marker, NCA would notify the next of
kin or personal representative that the decedent may remain interred or
memorialized. However, if the USMA's decision to disinter the decedent
or remove the decedent's memorial headstone or marker is affirmed at
the completion of the appellate process, the cemetery director would
provide written notification to the decedent's next of kin or personal
representative of this decision.
Disinterment and Removal of Memorialization
Proposed Sec. 38.622(e) would describe VA actions when the
decision to disinter or remove a memorial headstone or marker becomes
final given the next of kin's or personal representative's failure to
timely appeal the decision or by final disposition of the appeal. VA
would take the following actions as applicable: disinter the remains
and provide for reinterment or other appropriate disposition of remains
in a place other than a Veterans cemetery (which includes but is not
limited to a VA national cemetery or State or Tribal Veterans Cemetery)
or remove the memorial headstone or marker placed to honor the memory
of the deceased (38 U.S.C. 2411(d)(4)).
In the case of disinterment, the cemetery director would contact
the next of kin or other person authorized to arrange for the
deceased's interment or memorialization (i.e., personal representative)
to coordinate the transfer of remains from the national cemetery to
another location. The next of kin or personal representative would have
30 days to respond to this notification. If the next of kin or personal
representative responds to the notice within the 30-day period, VA
would attempt to coordinate a date and time for the disinterment and
release of the decedent's remains to the next of kin or personal
representative. VA would perform the disinterment. However, the
decedent's next of kin or personal representative would have to bear
the responsibility and cost of transporting remains from the cemetery,
in compliance with applicable state laws concerning the disinterment
and transport of remains from the national cemetery, as well as costs
associated with subsequent disposition of the remains.
[[Page 12299]]
If the next of kin or personal representative does not respond to
the notice within the 30-day period, declines to accept the decedent's
remains, or does not appear at the agreed upon time and place to accept
the remains, VA would determine a suitable cemetery for the disposition
of the decedent's remains and would make all necessary arrangements to
disinter, transport, reinter, and mark the grave of the decedent with a
non-government headstone or marker in accordance with sec.
2411(d)(4)(A) within a reasonable time frame. VA would then notify the
next of kin or personal representative of the date and time on which
the disinterment was performed and the new location of the decedent's
remains.
In the case of a memorial headstone or marker, the cemetery
director would remove the headstone or marker from the cemetery,
dispose of it in accordance with NCA policy, and notify the next of kin
or personal representative of the date on which this action was taken.
Paperwork Reduction Act
This proposed rule contains no provisions constituting a collection
of information under the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3521).
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would not
have a significant economic impact on a substantial number of small
entities as they are defined in the Regulatory Flexibility Act, 5
U.S.C. 601-612. This proposed rule directly affects the individuals and
establishments that may be involved with the transfer of remains
process (e.g., next of kin or personal representative of the decedent
and funeral homes). However, based on the anticipated aggregate number
of cases involving disinterment or removal of memorialization
headstones or markers, the VA does not consider the economic impact to
be significant to small entities. Since the 2013 enactment of the
reconsideration authority in 38 U.S.C. 2411, VA has made only 7
reconsideration decisions in total. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of sections 603 and 604 do not apply.
Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, when
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, and other advantages; distributive impacts;
and equity). Executive Order 13563 (Improving Regulation and Regulatory
Review) emphasizes the importance of quantifying both costs and
benefits, reducing costs, harmonizing rules, and promoting flexibility.
The Office of Information and Regulatory Affairs has determined that
this rule is not a significant regulatory action under Executive Order
12866. The Regulatory Impact Analysis associated with this rulemaking
can be found as a supporting document at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in an expenditure by
State, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and tribal governments, or on the private
sector.
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Grants
programs, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved this
document on February 7, 2023, and authorized the undersigned to sign
and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons set forth in the preamble, 38 CFR part 38 is
proposed to be amended as follows:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
0
1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, 2306, 2400, 2402, 2403,
2404, 2407, 2408, 2411, 7105.
0
2. Add Sec. 38.622 to read as follows:
Sec. 38.622 Reconsideration of prior interment and memorialization
decisions.
(a) General. (1) The Under Secretary for Memorial Affairs (USMA) is
the appropriate Federal official who may reconsider a prior decision to
inter the remains or honor the memory of a person in a national
cemetery.
(2) This section sets out the evaluative criteria and procedures
for VA to reconsider prior interment and memorialization decisions for
decedents who are subsequently found to have committed or to have been
convicted of certain criminal acts that would prohibit them from
receiving benefits to which they are otherwise entitled.
(b) Capital Crime or Sex Offense Conviction. (1) Upon written
notification from the United States Attorney General or an appropriate
State official that a person interred or memorialized in a national
cemetery after December 20, 2013, was convicted of a Federal or State
capital crime and whose conviction meets the requirements of 38 U.S.C.
2411(b)(1) or (2), respectively, or was convicted of a Federal or State
tier III sex offense and meets the requirements of 38 U.S.C.
2411(b)(4), the USMA may, upon reconsideration, decide to disinter the
remains or remove the memorial headstone or marker of such person from
the cemetery.
(2) If VA has not initially received notification referred to in
paragraph (b)(1) of this section, but a cemetery director has reason to
believe that a person interred or memorialized in a national cemetery
after December 20, 2013, may have been convicted of a Federal or State
capital crime meeting the requirements of 38 U.S.C. 2411(b)(1) or (2),
respectively, or may have been convicted of a Federal or State tier III
sex offense meeting the requirements of 38 U.S.C. 2411(b)(4), the
cemetery director will initiate an inquiry to the United States
Attorney General or appropriate State official for confirmation and
provide the results of such inquiry to the USMA in cases where a
conviction is confirmed, which will initiate a reconsideration. The
USMA will render a decision on disinterment or memorial headstone or
marker removal after reviewing the results of the inquiry submitted by
the cemetery director.
(c) Avoidance of Capital Crime Conviction Due to Death or Flight.
(1) If a cemetery director has reason to believe that a person interred
or memorialized in a national cemetery after December 20, 2013, may
have committed a Federal or State capital crime but avoided conviction
of such crime by reason of unavailability for trial due to death or
[[Page 12300]]
flight to avoid prosecution, the cemetery director will initiate an
official inquiry seeking information from Federal, State, or local law
enforcement officials, or other sources of potentially relevant
information.
(2) If, after conducting the inquiry, the cemetery director
determines that there appears to be clear and convincing evidence that
the decedent committed a Federal or State capital crime for which the
decedent was not convicted because the decedent was unavailable for
trial due to death or flight to avoid prosecution, the cemetery
director will provide this information to the USMA who will decide
whether to reconsider the prior decision to inter or memorialize the
decedent. If the USMA decides to reconsider the prior interment or
memorialization decision, the USMA will provide notice of procedural
options and follow the procedures in paragraph (d)(2).
(d) VA Notice of Decision. (1) For cases involving a Federal or
State capital crime or a tier III sexual offense conviction, where the
USMA decides to disinter or remove a memorial headstone or marker, NCA
will provide written notice of that decision to the decedent's next of
kin or personal representative. The written notice of decision will be
in accordance with 38 U.S.C. 5104 and will include a notice of
appellate rights in accordance with 38 CFR 19.25. This notice of
appellate rights will include notice of the opportunity to file a
notice of disagreement with the decision of the USMA within 60 days
from the date of the decision notice.
(2) In cases in which a cemetery director has reason to believe
that a person interred or memorialized in a national cemetery after
December 20, 2013, may have committed a Federal or State capital crime,
as described in 38 U.S.C. 2411(f)(1) and (2), but avoided conviction of
such crime by reason of unavailability for trial due to death or flight
to avoid prosecution, should the USMA decide to reconsider the prior
interment or memorialization, prior to rendering written notice of
final decision, VA will follow the following process:
(i) NCA will provide a notice of procedural options, which will
inform the decedent's next of kin or personal representative that VA is
reconsidering the prior interment or memorialization of the decedent
and that they may, within 15 days of receipt of notice: request a
hearing on the matter; submit a written statement, with or without
supporting documentation, for inclusion in the record; or waive a
hearing and submission of a written statement.
(ii) If a hearing is requested, the District Executive Director
will conduct the hearing. The purpose of the hearing is to permit the
personal representative of the deceased to present evidence concerning
whether the deceased committed a crime that would render the deceased
ineligible for interment or memorialization in a national cemetery.
Testimony at the hearing will be presented under oath, and the personal
representative will have the right to representation by counsel and the
right to call witnesses. The VA official conducting the hearing will
have the authority to administer oaths. The hearing will be conducted
in an informal manner and court rules of evidence will not apply. The
hearing will be recorded on audiotape and, unless the personal
representative waives transcription, a transcript of the hearing will
be produced and included in the record.
(iii) Following a hearing or the timely submission of a written
statement, or in the event a hearing is waived or no hearing is
requested and no written statement is submitted within the time
specified, the USMA will decide whether there is clear and convincing
evidence that the decedent committed a Federal or State capital crime
for which the decedent was not convicted due to the decedent's
unavailability for trial due to death or flight to avoid prosecution.
If the USMA decides that clear and convincing evidence does not exist,
the USMA will notify the next of kin or personal representative that
the decedent may remain interred or that the decedent's memorial
headstone or marker may remain in the national cemetery. If the USMA
decides that clear and convincing evidence exists, the USMA will
provide written notice of the decision to disinter the decedent or
remove the decedent's memorial headstone or marker. The written notice
of decision will be in accordance with 38 U.S.C. 5104 and will include
a notice of appellate rights in accordance with 38 CFR 19.25. This
notice of appellate rights will include notice of the opportunity to
file a notice of disagreement with the decision of the USMA within 60
days from the date of the notice.
(3) Action following receipt of a notice of disagreement with
reversal of an interment or memorialization decision under this section
will be in accordance with 38 CFR part 19.
(e) Disinterment or Removal of Memorialization. A decision to
disinter the remains or remove a memorial headstone or marker becomes
final either by failure of the next of kin or personal representative
to appeal the decision or by final disposition of the appeal. In such
cases, the cemetery director shall take the following actions:
(1) In the case of disinterment, the cemetery director will contact
the next of kin or personal representative to coordinate the transfer
of remains from the national cemetery to another location. The next of
kin or personal representative will have 30 days to respond to the
cemetery director.
(i) If the next of kin or personal representative responds to the
notice within the 30-day period, the cemetery director will coordinate
a date and time for the disinterment and release of the decedent's
remains to the next of kin or personal representative for transport
from the national cemetery to a place determined by the next of kin or
personal representative. The cemetery director will perform the
disinterment. The next of kin or personal representative will bear
responsibility and cost for transportation of the remains from the
cemetery, including compliance with applicable state laws concerning
the disinterment and transport of remains from the national cemetery,
and any costs associated with the subsequent disposition of remains.
(ii) If the next of kin or personal representative does not respond
to the notice within the 30-day period, indicates refusal to accept the
decedent's remains, or fails to appear, the cemetery director will
determine a suitable cemetery for the disposition of the decedent's
remains and, at government expense, will make all necessary
arrangements to disinter, transport, reinter, and mark the grave of the
decedent with a non-government headstone or marker within a reasonable
time frame. The non-government headstone or marker will include the
decedent's name, date of birth, and date of death. The cemetery
director will then notify the next of kin or personal representative of
the date and time on which the disinterment was performed and the new
location of the decedent's remains.
(2) In the case of a memorial headstone or marker, the cemetery
director will remove the headstone or marker from the cemetery and
notify the next of kin or personal representative of the date on which
this action was taken.
(Authority: 38 U.S.C. 512, 2411)
[FR Doc. 2023-03942 Filed 2-24-23; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on February 27, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.