Sec. 5001. GRANTS FOR STATE, COUNTY, AND TRIBAL VETERANS’ CEMETERIES THAT ALLOW INTERMENT OF CERTAIN PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL CEMETERIES

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## SEC. 5001 GRANTS FOR STATE, COUNTY, AND TRIBAL VETERANS’ CEMETERIES THAT ALLOW INTERMENT OF CERTAIN PERSONS ELIGIBLE FOR INTERMENT IN NATIONAL CEMETERIES Section 2408 of title 38, United States Code, is amended— ####

(1)by redesignating subsection

(k)as subsection (l); and ####

(2)by inserting after subsection

(j)the following new subsection (k): > > ### “(k) > > > ####

(1)> > The Secretary may not establish a condition for a grant under this section that restricts the ability of a State, county, or tribal organization receiving such a grant to allow the interment of any person described in paragraph

(8)or

(10)of section 2402(a) of this title in a veterans’ cemetery owned by that State or county or on trust land owned by, or held in trust for, that tribal organization. > > > #### “(2) > > The Secretary may not deny an application for a grant under this section solely on the basis that the State, county, or tribal organization receiving such grant may use funds from such grant to expand, improve, operate, or maintain a veterans’ cemetery in which interment of persons described in paragraph

(8)or

(10)of section 2402(a) of this title is allowed. > > > #### “(3) > > > #####

(A)> > When requested by a State, county, or tribal organization that is the recipient of a grant made under this section, the Secretary shall— > > > ###### “(i) > > determine whether a person is eligible for burial in a national cemetery under paragraph

(8)or

(10)of section 2402(a) of this title; and > > > ###### “(ii) > > advise the recipient of the determination. > > > ##### “(B) > > A recipient described in subparagraph

(A)may use a determination of the Secretary under such subparagraph as a determination of the eligibility of the person concerned for burial in the cemetery for which the grant was made.” > .