I can't find the exact law at the moment, but as I recall the law as it is
written provides federal protection for only those markers and/or monuments
that are located within a National Cemetery or on other federal lands such
as a National Park, National Forrest or the like.
Under US Code : Title 10, Section 1488 (Removal of remains) it is possible
to relocate a grave into a National Cemetery under specific conditions:
"If a cemetery on a military reservation, including an installation
cemetery, has been or is to be discontinued, the Secretary concerned may
provide for the removal of remains from that cemetery to any other cemetery.
With respect to any deceased member of an armed force under his jurisdiction
whose last service terminated honorably by death or otherwise, the Secretary
may also provide for the removal of the remains from a place of temporary
interment, or from an abandoned grave or cemetery, to a national cemetery."
Now, on the other hand, US Code : Title 38, Section 2405 (Disposition of
inactive cemeteries) states:
"Sec. 2405. Disposition of inactive cemeteries
(a) The Secretary may transfer, with the consent of the agency concerned,
any inactive cemetery, burial plot, memorial, or monument within the
Secretary's control to the Department of the Interior for maintenance as a
national monument or park, or to any other agency of the Government. Any
cemetery transferred to the Department of the Interior shall be administered
by the Secretary of the Interior as a part of the National Park System, and
funds appropriated to the Secretary of the Interior for such system shall be
available for the management and operation of such cemetery.
(b) The Secretary may also transfer and convey all right, title, and
interest of the United States in or to any inactive cemetery or burial plot,
or portion thereon, to any State, county, municipality, or proper agency
thereof, in which or in the vicinity of which such cemetery or burial plot
is located, but in the event the grantee shall cease or fail to care for and
maintain the cemetery or burial plot or the graves and monuments contained
therein in a manner satisfactory to the Secretary, all such right, title,
and interest transferred or conveyed by the United States, shall revert to
the United States.
(c) If a cemetery not under the control of the National Cemetery
Administration has been or is to be discontinued, the Secretary may provide
for the removal of remains from that cemetery to any cemetery under the
control of such Administration. The Secretary may also provide for the
removal of the remains of any veteran from a place of temporary interment,
or from an abandoned grave or cemetery, to a national cemetery. "
William(Bill)Spurlock
Saving Graves
http://www.savinggraves.com