(a) Established. There is hereby created a Virgin Islands Memorial Cemetery.
(b) Supervision by the Office of Veterans Affairs; powers and duties. The establishment, operation and maintenance of the Virgin Islands Veterans Memorial Cemetery shall be under the supervision of the Office of Veterans Affairs which shall have the following powers and duties:
(1) Select an appropriate site for the Cemetery, pursuant to subsection (c) of this section;
(2) Acquire, by transfer of title from another government agency, or by purchase, grant, devise or contract, title to such real property as shall be suitable and necessary for the establishment of the Cemetery;
(3) Apply for, receive, accept and expend any money, materials or other aid granted or otherwise provided by local or federal governments or by any source, public or private, in accordance with the terms thereof, for the establishment, operation or maintenance of the Cemetery;
(4) Appoint and employ such persons as shall be needed for the proper operation and maintenance of the Cemetery;
(5) Establish criteria for eligibility for burial in the Cemetery, and set fees for the burial of immediate family members, pursuant to subsection (d) of this section, provided that there shall be no fee charged for any plot and the interment provided to any eligible veteran or member of the armed forces;
(6) Promulgate rules and regulations, following public hearing, governing the administration and operation of the Cemetery;
(7) Prepare an annual report on the operation of the Cemetery which must be presented to the Governor and to the Legislature; and
(8) Perform all other powers and functions necessary or appropriate to carry out the purposes and policies of this chapter.
(c) Selection of site. The site of the Cemetery shall be determined by the Office of Veterans Affairs with the approval of the Legislature. The site must be convenient to all veterans of the territory and must meet the necessary standards and guidelines established by the United States Administrator of Veterans Affairs for the location of “state-owned” veterans cemeteries. In selecting the site, preference must be given to land which is owned by the U.S. Government then the Territory. Land for the site may be acquired by purchase only in the event suitable U.S. Government or Territory-owned land is not available.
(d) Eligibility for burial. The following persons shall be eligible for burial in the Cemetery:
(1) Any veteran or member of the armed forces of the United States who:
(A) Dies under honorable conditions while serving on active duty in armed force of the United States; or
(B) Served as an active member of the armed forces of the United States whose service was terminated honorably; and is a resident of the U.S. Virgin Islands at the time of death or had previously been a resident of the U.S. Virgin Islands for at least 10 years or was a member of the Virgin Islands National Guard or a Reserve unit located within the Virgin Islands for at least 20 years; provided, the rules promulgated by the Office of Veterans Affairs shall make provision for waiving the 10-year residency requirement for compelling reasons.
(2) Any member of the immediate family of a veteran or armed forces member who qualifies for burial, subject to such fees as may be established by the Office of Veterans Affairs. The Office of Veterans Affairs shall, by rule, specify members of the immediate family who shall be eligible for burial in the Cemetery;
(3) Persons who served honorably as a member of the National Guard or Reserve Forces of the United States, who at the time of death was entitled to retirement pay under 10 U.S.C., Chapter 67, or would have been entitled to retirement pay under that chapter but for the fact that the person was under 60 years of age; and provided that the Virgin Islands residency or National Guard or Reserve service requirements of subsection (d)(1)(B) of this section are met;
(4) Merchant Marines who served between December 7, 1941 and August 15, 1945 for a minimum period of 2 years and were honorably discharged or relieved from active duty. The minimum period of 2 years of active duty may be waived if: (A) Earlier release was granted because the individual was wounded or injured in the line of duty and rendered unfit for further service; or (B) the individual was released prior to 2 years of active duty for the convenience of the government;
(5) Burial in the Virgin Islands Veterans Memorial Cemetery shall be without regard to race, creed, color, sex or national origin.
(e) Re-interment. The bodies of eligible persons previously buried in other locations may be reinterred in the Cemetery upon the request of anyone legally entitled to make such request; provided, that no cost shall be borne by the Territory other than that which would be incurred in an original burial.