Chapter 9.5. Southern California Veterans Cemetery of California Military And Veterans Code >> Division 6. >> Chapter 9.5.
(a) (1) The department, in voluntary cooperation with local
government entities in Orange County pursuant to Section 1412, shall
design, develop, construct, and equip a state-owned and
state-operated Southern California Veterans Cemetery, which shall be
located at the site of the former Marine Corps Air Station El Toro,
on 125 acres known as the Amended and Restated Development Agreement
Site in the Great Park in the City of Irvine.
(2) The department shall oversee and coordinate the design,
development, and construction of the cemetery.
(3) For purposes of this chapter, "department" means the
Department of Veterans Affairs.
(b) (1) Subject to the eligibility requirements described in
Section 2402 of Title 38 of the United States Code, as amended from
time to time, honorably discharged veterans, their spouses, and
eligible dependent children are eligible for interment in the
cemetery. The department shall establish a fee to be charged for
interment of veteran spouses and eligible dependent children. The
amount of the fee shall not exceed the reasonable costs to the
department for interment in the cemetery.
(2) Subject to Section 1418, for the purposes of this subdivision,
the department shall adopt regulations to specify the eligibility
requirements for interment in the cemetery.
(3) All fees received pursuant to paragraph (1) shall be deposited
in the Southern California Veterans Cemetery Perpetual Maintenance
Fund created pursuant to Section 1412.
(a) For the purposes of Section 1410, all local government
entities in Orange County may join together for the purpose of
cooperating with the department in the design, development,
construction, and equipment of the cemetery.
(b) All moneys received for the design, development, construction,
and equipment of the cemetery shall be deposited in the Southern
California Veterans Cemetery Master Development Fund, which is hereby
created in the State Treasury. Expenditure of those moneys shall be
subject to appropriation by the Legislature in the annual Budget Act.
Moneys appropriated by the Legislature for these purposes shall also
be deposited in the fund.
(c) (1) Except as otherwise provided in Section 1416, all moneys
received for the maintenance of the cemetery, including moneys
received pursuant to subdivision (b) of Section 1410, shall be
deposited in the Southern California Veterans Cemetery Perpetual
Maintenance Fund, which is hereby created in the State Treasury.
Expenditure of those moneys shall be subject to appropriation by the
Legislature in the annual Budget Act.
(2) It is the intent of the Legislature to appropriate funds in
the annual Budget Act to fund annual cemetery operations and
maintenance and to enact any additional legislation that may be
necessary to set dollar limits on funding for those operations and
(a) Proposals for the construction, placement, or donation of
monuments and memorials to the cemetery shall be subject to review
by an advisory committee comprised of the cemetery administrator,
representatives from local government entities within Orange County,
local veterans' service organizations, and others as approved by the
(b) All proposals for the construction, placement, or donation of
monuments and memorials to the cemetery shall be subject to the final
approval of the secretary.
(c) Subject to Section 1418, the department shall adopt
regulations for the policies and procedures to be followed with
respect to the construction, placement, donation, and approval of
monuments and memorials proposed to be placed on the cemetery
(a) Notwithstanding Section 11005 of the Government Code, the
cemetery administrator, subject to the approval of the secretary,
may accept donations of personal property, including cash or other
gifts, to be used for the maintenance, beautification, or repair of
(b) Cash donations made pursuant to subdivision (a) shall be
deposited into the Southern California Veterans Cemetery Donations
Fund, which is hereby created. Notwithstanding Section 13340 of the
Government Code, moneys in the fund are continuously appropriated to
the department for the maintenance, beautification, and repair of the
cemetery or, subject to the approval of the secretary, for a
specified cemetery maintenance or beautification project designated
by the donor.
For purposes of carrying out the provisions of this chapter,
the department may adopt regulations. All regulations adopted
pursuant to this chapter shall be adopted pursuant to the
Administrative Procedure Act (Chapter 3.5 (commencing with Section
11340) of Part 1 of Division 3 of Title 2 of the Government Code).