CHAPTER 3—NATIONAL HOME FOR DISABLED VOLUNTEER SOLDIERS

SUBCHAPTER I—ESTABLISHMENT AND MANAGEMENT

        

SUBCHAPTER II—OFFICERS AND EMPLOYEES

        

SUBCHAPTER III—FUNDS AND ACCOUNTS

        

SUBCHAPTER IV—BENEFICIARIES AND PENSIONS

        

SUBCHAPTER V—BATTLE MOUNTAIN SANITARIUM RESERVE

        

SUBCHAPTER I—ESTABLISHMENT AND MANAGEMENT

§§71 to 77a. Repealed. Pub. L. 85–857, §14(1), (6), (9), (16), (35), (59), Sept. 2, 1958, 72 Stat. 1268, 1269, 1271, 1272

Section 71, R.S. §4825, related to organization of National Home for Disabled Volunteer Soldiers.

Section 72, act July 1, 1916, ch. 209, §1, 39 Stat. 297, provided that headquarters of National Home for Disabled Volunteer Soldiers should be established and maintained at National Military Home, Ohio.

Section 73, R.S. §4826; act June 7, 1924, ch. 291, title II, 43 Stat. 518, provided for election of civilian managers of National Home for Disabled Volunteer Soldiers.

Acts Mar. 2, 1887, ch. 316, §4, 24 Stat. 44; Mar. 3, 1891, No. 21, 26 Stat. 117; June 23, 1913, ch. 3, §1, 38 Stat. 43; Oct. 19, 1914, No. 49, 38 Stat. 780, which were set out in a note under section 73 of this title, related to number of citizen managers of National Home for Disabled Volunteer Soldiers, prior to repeal by Pub. L. 85–857, §14(8), (13), (31), (33), Sept. 2, 1958, 72 Stat. 1269, 1270.

Section 74, R.S. §4827; act June 7, 1924, ch. 291, title II, 43 Stat. 518, provided for election of officers of Board of Managers of National Home for Disabled Volunteer Soldiers.

Section 75, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 412, related to expenses and salaries of managers and officers of National Home for Disabled Volunteer Soldiers.

Section 76, R.S. §4834; acts Mar. 3, 1885, ch. 360, 23 Stat. 510; Mar. 3, 1887, ch. 362, 24 Stat. 539, prescribed duties of Board of Managers of National Home for Disabled Volunteer Soldiers.

Section 77, R.S. §4830, related to sites for military homes and to the purchase and erection of buildings.

Section 77a, act Feb. 20, 1929, ch. 272, §1, 45 Stat. 1248, related to a site for a home at Dayton, Ohio.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§78. Repealed. Pub. L. 85–56, title XXII, §2202(58), June 17, 1957, 71 Stat. 164

Section, act July 19, 1897, ch. 1, 30 Stat. 121, authorized Board of Managers of National Home for Disabled Volunteer Soldiers to condemn land for domiciliary purposes.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, title XXIII, June 17, 1957, 71 Stat. 172.

§79. Omitted

Editorial Notes

Codification

Section, act Mar. 3, 1901, ch. 853, §1, 31 Stat. 1175, ceded jurisdiction over certain property in the States of Wisconsin and Kansas to the respective States.

§§80 to 82. Repealed. Pub. L. 85–857, §14(3), (18), (19), Sept. 2, 1958, 72 Stat. 1268, 1270

Section 80, act Mar. 3, 1879, ch. 182, §1, 20 Stat. 390, related to purchase of supplies and expenditures for new buildings.

Section 81, act July 1, 1898, ch. 546, §1, 30 Stat. 640, related to purchase, shipment, and distribution of supplies for National Home for Disabled Volunteer Soldiers.

Section 82, act June 11, 1896, ch. 420, §1, 29 Stat. 445, authorized sale of medical and hospital supplies by Medical Department of Army to National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§83. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; May 26, 1900, ch. 586, 31 Stat. 216, authorized issuance of obsolete cannon or ordnance. See sections 4686 and 9686 of Title 10, Armed Forces.

§84. Repealed. Pub. L. 85–857, §14(16), Sept. 2, 1958, 72 Stat. 1269

Section, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 412, related to an annual inspection of National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

SUBCHAPTER II—OFFICERS AND EMPLOYEES

§91. Repealed. Pub. L. 85–857, §14(1), Sept. 2, 1958, 72 Stat. 1268

Section, R.S. §4829; acts Apr. 11, 1892, ch. 40, 27 Stat. 15; Feb. 9, 1897, ch. 205, 29 Stat. 517, provided for officers of National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§92. Repealed. Pub. L. 85–56, title XXII, §2202(66), June 17, 1957, 71 Stat. 162

Section, act June 28, 1902, ch. 1301, §1, 32 Stat. 472, prescribed qualifications of officers of National Home for Disabled Volunteer Soldiers, and officers under Board of Managers thereof.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, title XXIII, June 17, 1957, 71 Stat. 172.

§§93 to 96. Repealed. Pub. L. 85–857, §14(16), (23), (25), Sept. 2, 1958, 72 Stat. 1269, 1270

Section 93, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 412, required classification and provided for compensation of officers and employees of National Home for Disabled Volunteer Soldiers.

Section 94, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 412, related to bonds of general treasurer and treasurers of branch homes.

Section 95, act June 6, 1900, ch. 791, §1, 31 Stat. 636, related to performance of duties of general treasurer by assistant general treasurer and assistant inspector general.

Act July 1, 1898, ch. 546, 30 Stat. 597, which was set out as a note under section 95 of this title, authorized appointment of a clerk to perform duties of general treasurer in his absence, and was repealed by Pub. L. 85–857, §14(20), Sept. 2, 1958, 72 Stat. 1270.

Section 96, act Mar. 3, 1901, ch. 853, §1, 31 Stat. 1178, provided for designation of an officer to act in absence of treasurer or quartermaster at any of branch homes of National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§97. Omitted

Editorial Notes

Codification

Section, act Mar. 3, 1887, ch. 362, 24 Stat. 540, related to compensation and expenses of officers and employees, and was omitted because of dissolution of National Home for Disabled Volunteer Soldiers.

SUBCHAPTER III—FUNDS AND ACCOUNTS

§§111 to 123. Repealed. Pub. L. 85–857, §14(1), (2), (7), (9), (14)–(16), (22), (25), (27), (34), (46), Sept. 2, 1958, 72 Stat. 1268–1271

Section 111, R.S. §4831; act Mar. 3, 1875, ch. 129, §1, 18 Stat. 359, authorized Board of Managers of National Home for Disabled Volunteer Soldiers to receive donations of money or property.

Section 112, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 412, related to receipts from sales of subsistence stores or other property of National Home for Disabled Volunteer Soldiers.

Section 113, act Mar. 2, 1923, ch. 178, title II, 42 Stat. 1424, related to use of moneys allotted for support of World War veterans.

Acts June 30, 1922, ch. 253, title II, 42 Stat. 763; Mar. 2, 1923, ch. 178, title II, 42 Stat. 1424, which were set out in notes under section 113 of this title, related to use of moneys allotted for support of World War veterans, and were repealed by Pub. L. 85–857, §14(44), (46), Sept. 2, 1958, 72 Stat. 1271.

Section 114, act June 6, 1900, ch. 785, §1, 31 Stat. 294, related to availability of appropriations for construction of buildings at any of branches of National Home for Disabled Volunteer Soldiers.

Section 115, act Mar. 3, 1903, ch. 1007, §1, 32 Stat. 1137, related to availability of appropriations for branch homes of National Home for Disabled Volunteer Soldiers.

Section 116, act Mar. 3, 1915, ch. 75, §1, 38 Stat. 850, prohibited use of appropriations for repairs for construction of new buildings.

Section 117, act July 9, 1886, ch. 756, §2, 24 Stat. 129, related to security for deposits of moneys pertaining to National Home for Disabled Volunteer Soldiers.

Section 118, act Mar. 3, 1893, ch. 210, §1, 27 Stat. 653, related to supervision of accounts of volunteer soldiers' homes.

Section 119, act Aug. 18, 1894, ch. 301, §1, 28 Stat. 411, related to disbursements, accounts, supplies and to posthumous fund.

Section 120, acts Mar. 3, 1887, ch. 362, 24 Stat. 539; June 10, 1921, ch. 18, §304, 42 Stat. 24, related to expenditures of National Home for Disabled Volunteer Soldiers.

Section 121, acts Mar. 3, 1901, ch. 853, §1, 31 Stat. 1178; June 10, 1921, ch. 18, §304, 42 Stat. 24, related to auditing and settlement of accounts of National Home for Disabled Volunteer Soldiers.

Section 122, act Mar. 3, 1875, ch. 129, §1, 18 Stat. 359, related to employment of clerks, appropriations, estimates, requisitions, and accounts of National Home for Disabled Volunteer Soldiers.

Section 123, acts Aug. 5, 1892, ch. 380, §1, 27 Stat. 384; June 10, 1921, ch. 18, §304, 42 Stat. 24, required statement of expenses of Board of Managers of National Home for Disabled Volunteer Soldiers, to be included in annual budget.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

SUBCHAPTER IV—BENEFICIARIES AND PENSIONS

§131. Repealed. Pub. L. 85–857, §14(49), Sept. 2, 1958, 72 Stat. 1271

Section, acts June 7, 1924, ch. 291, title II, 43 Stat. 519; Mar. 26, 1928, ch. 245, 45 Stat. 366, enumerated persons who were entitled to benefits of National Home for Disabled Volunteer Soldiers.

Section 14(49)(A) of Pub. L. 85–857 provided in part that the amendment to the act of June 7, 1924, by act Mar. 26, 1928, was solely an amendment to the paragraph which began "The following persons" on page 519 of volume 43 of the United States Statutes at Large, which paragraph was classified to former section 131 of this title.

Acts May 26, 1900, ch. 586, 31 Stat. 217; Jan. 28, 1901, ch. 184, §5, 31 Stat. 745; May 27, 1908, ch. 200, §1, 35 Stat. 372; Mar. 4, 1909, ch. 209, §1, 35 Stat. 212; Mar. 3, 1915, ch. 75, §1, 38 Stat. 853; Oct. 6, 1917, ch. 79, §1, 40 Stat. 368; June 5, 1920, ch. 235, §1, 41 Stat. 905, which were set out in notes under section 131 of this title, were repealed by Pub. L. 85–857, §14(21), (24), (30), (34), (36), (41), Sept. 2, 1958, 72 Stat. 1270, 1271.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§§131a, 131b. Omitted

Editorial Notes

Codification

Section 131a, act Feb. 20, 1929, ch. 272, §2, 45 Stat. 1248, related to persons entitled to benefits of National Home for Disabled Volunteer Soldiers at Dayton, Ohio. See act July 3, 1939, ch. 863, §§1, 2, 5, 46 Stat. 1016, which dissolved the Home.

Section 131b, act Mar. 4, 1927, ch. 504, §2, 44 Stat. 1421, related to persons entitled to benefits of National Home for Disabled Volunteer Soldiers at Marion, Indiana.

§132. Repealed. Pub. L. 85–56, title XXII, §2202(100), June 17, 1957, 71 Stat. 166

Section, act June 5, 1920, ch. 235, §1, 41 Stat. 905, authorized Board of Managers of National Home for Disabled Volunteer Soldiers to make rules governing assignment of classes eligible for domiciliary care.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, title XXIII, June 17, 1957, 71 Stat. 172.

§§133 to 135. Repealed. Pub. L. 85–857, §14(1), (10), (12), (50), (52), (64), Sept. 2, 1958, 72 Stat. 1268, 1269, 1271, 1272

Section 133, R.S. §4833; acts Aug. 23, 1894, ch. 316, §1, 28 Stat. 492; May 29, 1928, ch. 901, §1(123), 45 Stat. 995, authorized Board of Managers of National Home for Disabled Volunteer Soldiers to aid persons by outdoor relief, and provided for transfers from branch homes.

Section 134, acts Aug. 27, 1888, ch. 914, §1, 25 Stat. 450; Mar. 2, 1889, ch. 411, 25 Stat. 975; Jan. 27, 1920, ch. 56, 41 Stat. 399; Feb. 12, 1925, ch. 225, 43 Stat. 933; Apr. 15, 1926, ch. 146, 44 Stat. 294; Feb. 23, 1927, ch. 167, 44 Stat. 1145; Dec. 22, 1927, ch. 5, §1, 45 Stat. 39; Mar. 23, 1928, ch. 232, §1, 45 Stat. 363; Feb. 28, 1929, ch. 366, 45 Stat. 1385; May 28, 1930, ch. 348, 46 Stat. 466; July 3, 1930, ch. 863, §2, 46 Stat. 1016; Feb. 23, 1931, ch. 281, §1, 46 Stat. 1375; June 30, 1932, ch. 330, §1, 47 Stat. 472; Aug. 1, 1939, ch. 408, §1, 53 Stat. 1145; Dec. 17, 1943, ch. 347, §1, 57 Stat. 603; May 18, 1948, ch. 299, §1, 62 Stat. 237; Sept. 23, 1950, ch. 1003, 64 Stat. 981; Aug. 21, 1954, ch. 782, §1, 68 Stat. 757, related to aid to State or Territorial homes for disabled soldiers and sailors of United States.

Acts Aug. 1, 1939, ch. 408, §2, 53 Stat. 1145; Dec. 17, 1943, ch. 347, §2, 57 Stat. 603; May 18, 1948, ch. 299, §2, 62 Stat. 237; Aug. 21, 1954, ch. 782, §2, 68 Stat. 757, which were set out in a note under section 134 of this title, were repealed by Pub. L. 85–857, §14(74), (85), (95), (106), Sept. 2, 1958, 72 Stat. 1272, 1273.

Section 135, act June 7, 1924, ch. 295, §2, 43 Stat. 534, enumerated persons entitled to admission to hospital erected at Pacific branch of National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

§136. Repealed. Pub. L. 85–56, title XXII, §2202(1), (85), June 17, 1957, 71 Stat. 162, 165

Section, acts June 25, 1910, ch. 384, §§1–11, 36 Stat. 736; Dec. 26, 1941, ch. 634, 55 Stat. 868, related to disposition of deceased veterans' personal property. See section 8520 et seq. of Title 38, Veterans' Benefits.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1958, see section 2301 of Pub. L. 85–56, title XXIII, June 17, 1957, 71 Stat. 172.

§137. Repealed. July 3, 1930, ch. 863, §7, 46 Stat. 1018

Section, R.S. §4835, related to application of Articles of War to inmates of National Home for Disabled Volunteer Soldiers.

§§138, 139. Repealed. Pub. L. 85–857, §14(4), (5), (26), Sept. 2, 1958, 72 Stat. 1269, 1270

Section 138, acts Feb. 26, 1881, ch. 80, §2, 21 Stat. 350; Aug. 7, 1882, ch. 433, §1, 22 Stat. 322; Aug. 17, 1912, ch. 301, §1, 37 Stat. 312, related to payment of pensions of inmates of National Home for Disabled Volunteer Soldiers.

Section 139, act July 1, 1902, ch. 1351, §1, 32 Stat. 564, related to disposition of balance of pension money due deceased inmates of National Home for Disabled Volunteer Soldiers.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective Jan. 1, 1959, see section 2 of Pub. L. 85–857, set out as a note preceding Part I of Title 38, Veterans' Benefits.

SUBCHAPTER V—BATTLE MOUNTAIN SANITARIUM RESERVE

§151. Battle Mountain Sanitarium Reserve; establishment; rights to lands, not affected

There are reserved from settlement, entry, sale, or other disposal all those certain tracts, pieces, or parcels of land lying and being situated in the State of South Dakota and within the boundaries particularly described as follows: Beginning at the southwest corner of section 18, township 7 south, range 6 east, Black Hills meridian; thence east to the southeast corner of said section 18; thence south to the southwest corner of the northwest quarter of section 20; thence east to the southeast corner of the northeast quarter of section 21; thence north to the northeast corner of the southeast quarter of section 9; thence west to the center of section 7; thence south to the southwest corner of the southeast quarter of section 7; thence west to the northwest corner of section 18; thence south to the place of beginning, all in township 7 south, range 6 east, Black Hills meridian, in Fall River County, South Dakota: Provided, That nothing herein contained shall be construed to affect any valid rights acquired in connection with any of the lands embraced within the limits of said reserve.

(Mar. 22, 1906, ch. 1127, §1, 34 Stat. 83.)

§152. Name; control, rules and regulations

Said reserve shall be known as the Battle Mountain Sanitarium Reserve, and shall be under the exclusive control of the Secretary of Veterans Affairs in connection with the Battle Mountain Sanitarium at Hot Springs, South Dakota, whose duty it shall be to prescribe such rules and regulations and establish such service as the Secretary may consider necessary for the care and management of the same.

(Mar. 22, 1906, ch. 1127, §2, 34 Stat. 83; Pub. L. 102–54, §13(i)(2), June 13, 1991, 105 Stat. 276.)

Editorial Notes

Amendments

1991—Pub. L. 102–54 substituted "Secretary of Veterans Affairs" for "Board of Managers of the National Home for Disabled Volunteer Soldiers" and "as the Secretary may consider necessary" for "as they may deem necessary".

§153. Perfecting bona fide claims to lands; exchange of private lands

In all cases of unperfected bona fide claims lying within the said boundaries of said reserve, which claims have been properly initiated prior to September 2, 1902, said claims may be perfected upon compliance with the requirements of the laws respecting settlement, residence, improvements, and so forth, in the same manner in all respects as claims are perfected to other Government lands: Provided, That to the extent that the lands within said reserve are held in private ownership the Secretary of the Interior is authorized in his discretion to exchange therefor public lands of like area and value, which are surveyed, vacant, unappropriated, not mineral, not timbered, and not required for reservoir sites or other public uses or purposes. The private owners must, at their expense and by appropriate instruments of conveyance, surrender to the Government a full and unencumbered right and title to the private lands included in any exchange before patents are issued for or any rights attached to the public lands included therein, and no charge of any kind shall be made for issuing such patents. Upon completion of any exchange the lands surrendered to the Government shall become a part of said reserve in a like manner as if they had been public lands at the time of the establishment of said reserve. Nothing contained in this section shall be construed to authorize the issuance of any land scrip, and the State of South Dakota is granted the privilege of selecting from the public lands in said State an equal quantity of land in lieu of such portions of section sixteen included within said reserve as have not been sold or disposed of by said State and are not covered by an unperfected bona fide claim as above mentioned.

(Mar. 22, 1906, ch. 1127, §3, 34 Stat. 83.)

§154. Unlawful intrusion, or violation of rules and regulations

All persons who shall unlawfully intrude upon said reserve, or who shall without permission appropriate any object therein or commit unauthorized injury or waste in any form whatever upon the lands or other public property therein, or who shall violate any of the rules and regulations prescribed hereunder, shall, upon conviction, be fined in a sum not more than $1,000, or be imprisoned for a period not more than twelve months, or shall suffer both fine and imprisonment, in the discretion of the court.

(Mar. 22, 1906, ch. 1127, §4, 34 Stat. 83.)