cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
40 rows where part_number = 39 and title_number = 38 sorted by section_id
This data as json, CSV (advanced)
Suggested facets: subpart, subpart_name, amendment_citations
| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.1.1.12.1.355.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.1 Purpose. | VA | [77 FR 4472, Jan. 30, 2012] | This part sets forth the mechanism for a State or Tribal Organization to obtain a grant to establish, expand, or improve a veterans cemetery that meets VA's national shrine standards of appearance that is or will be owned by the State, or operated by a Tribal Organization on trust land, or to obtain a grant to operate or maintain a State or Tribal veterans cemetery to meet VA's national shrine standards of appearance. | ||||
| 38:38:2.0.1.1.12.1.355.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.10 Cemetery requirements and prohibitions and recapture provisions. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4473, Jan. 30, 2012; 84 FR 5955, Feb. 25, 2019; 86 FR 43102, Aug. 6, 2021; 89 FR 31638, Apr. 25, 2024] | (a) In order to qualify for a grant, a State or Tribal veterans cemetery must be operated solely for the interment of veterans, their spouses, surviving spouses, minor children, unmarried adult children who were physically or mentally disabled and incapable of self-support, and eligible parents of certain deceased service members. (b) Any grant under this part made on or after November 21, 1997, is made on the condition that, after the date of receipt of the grant, the State or Tribal Organization receiving the grant, subject to requirements for receipt of notice in 38 U.S.C. 2408 and 2411, will prohibit in the cemetery for which the grant is awarded the interment of the remains or the memorialization of any person: (1) Who has been convicted of a Federal capital crime, as defined in 38 CFR 38.600(a), and whose conviction is final, other than a person whose sentence was commuted by the President; (2) Who has been convicted of a State capital crime, as defined in 38 CFR 38.600(a), and whose conviction is final, other than a person whose sentence was commuted by the Governor of a State. (3) Who has been found by an appropriate State official, as defined in 38 CFR 38.600(a), under procedures to be established by the State, to have committed a Federal or State capital crime, as defined in 38 CFR 38.600(a), but to have not been convicted of such crime by reason of unavailability for trial due to death or flight to avoid prosecution. (4) Who has been convicted of a Federal or State crime causing the person to be a tier III sex offender for purposes of the Sex Offender Registration and Notification Act (34 U.S.C. 20901, et seq. ); who, for such crime, is sentenced to a minimum of life imprisonment or to a period of 99 years or more; and whose conviction is final (other than a person whose sentence was commuted by the President or Governor of a State). (5) Who has been found by an appropriate State official, as defined in § 38.600(a) of this part, under procedures to be established by the State, to have committed … | ||||
| 38:38:2.0.1.1.12.1.355.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.11 State or Tribal Organization to retain control of operations. | VA | [77 FR 4474, Jan. 30, 2012] | Neither the Secretary nor any employee of VA shall exercise any supervision or control over the administration, personnel, maintenance, or operation of any State or Tribal veterans cemetery that receives a grant under this program except as prescribed in this part. | ||||
| 38:38:2.0.1.1.12.1.355.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | §§ 39.12-39.29 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.1.355.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.2 Definitions. | VA | [77 FR 4472, Jan. 30, 2012] | For the purpose of this part: Establishment means the process of site selection, land acquisition, design and planning, earth moving, landscaping, construction, and provision of initial operating equipment necessary to convert a tract of land to an operational veterans cemetery. Establishment, Expansion, and Improvement Project means an undertaking to establish, expand, or improve a site for use as a State or Tribal veterans cemetery. Expansion means an increase in the burial capacity or acreage of an existing cemetery through the addition of gravesites and other facilities, such as committal service shelters, crypts (preplaced grave liners), and columbaria, necessary for the functioning of a cemetery. Improvement means the enhancement of a cemetery through landscaping, construction, or renovation of cemetery infrastructure, such as building expansion and upgrades to roads and irrigation systems that is not directly related to the development of new gravesites: nonrecurring maintenance; and the addition of other features appropriate to cemeteries. Indian Tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or Regional or Village Corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Operation and Maintenance Project means a project that assists a State or Tribal Organization to achieve VA's national shrine standards of appearance in the key cemetery operational areas of cleanliness, height and alignment of headstones and markers, leveling of gravesites, and turf conditions. Secretary means the Secretary of the United States Department of Veterans Affairs. State means each of the States, Territories, and possessions of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. Tribal Organization means: (1) The recognized gov… | ||||
| 38:38:2.0.1.1.12.1.355.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.3 Priority list. | VA | [75 FR 34005, June 16, 2010, as amended at 87 FR 80461, Dec. 30, 2022] | (a) The priority groups, with Priority Group 1 having the highest priority and Priority Group 4 the lowest priority, are: (1) Priority Group 1 —Projects needed to avoid disruption in burial service that would otherwise occur at existing veterans cemeteries within 4 years of the date of the preapplication. Such projects would include expansion projects as well as improvement projects (such as construction of additional or replacement facilities) when such improvements are required to continue interment operations. (2) Priority Group 2 —Projects for the establishment of new veterans cemeteries. (3) Priority Group 3 —Expansion projects at existing veterans cemeteries when a disruption in burial service due to the exhaustion of existing gravesites is not expected to occur within 4 years of the date of the preapplication. (4) Priority Group 4 —Improvement projects for cemetery landscaping or infrastructure, such as building expansion and upgrades to roads and irrigation systems, that are not directly related to the development of new gravesites. Operation and Maintenance Projects that address NCA's national shrine standards of appearance are included in this group. (b) Within Priority Groups 1, 2, and 3, highest priority will be given to projects in geographical locations with the greatest number of veterans who will benefit from the project as determined by VA. This prioritization system, based on veteran population data, will assist VA in maintaining and improving access to burial in a veterans cemetery to more veterans and their eligible family members. Within Priority Group 1, at the discretion of VA, higher priority may be given to a project that must be funded that fiscal year to avoid disruption in burial service. (c) Grants for projects within Priority Group 4 will be awarded in any fiscal year only after grants for all project applications under Priority Groups 1, 2, and 3 that are ready for funding have been awarded. Within Priority Group 4, projects will be ranked in priority order based upon VA's… | ||||
| 38:38:2.0.1.1.12.1.355.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.4 Decision makers, notifications, and additional information. | VA | [77 FR 4473, Jan. 30, 2012] | Decisions required under this part will be made by the VA Director, Veterans Cemetery Grants Service (VCGS), National Cemetery Administration, unless otherwise specified in this part. The VA decisionmaker will provide to affected States and Tribal Organizations written notice of approvals, denials, or requests for additional information under this part. | ||||
| 38:38:2.0.1.1.12.1.355.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.5 Submission of information and documents to VA. | VA | [77 FR 4473, Jan. 30, 2012] | All information and documents required to be submitted to VA must be submitted to the Director of the Veterans Cemetery Grants Service, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. All forms cited in this part are available at http://www.cem.va.gov/cem/scg_grants.asp. | ||||
| 38:38:2.0.1.1.12.1.355.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.6 Amendments to grant application. | VA | [77 FR 4473, Jan. 30, 2012] | A State or Tribal Organization seeking to amend a grant application must submit revised Standard Forms 424 (Application for Federal Assistance) and 424C (Budget Information) with a narrative description of, and justification for, the amendment. Any amendment of an application that changes the scope of the application or increases the amount of the grant requested, whether or not the application has already been approved, shall be subject to approval by VA in the same manner as an original application. | ||||
| 38:38:2.0.1.1.12.1.355.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.7 Line item adjustment to grants. | VA | [77 FR 4473, Jan. 30, 2012] | After a grant has been awarded, upon request from the State or Tribal Organization representative, VA may approve a change in one or more line items (line items are identified in Standard Form 424C) of up to 10 percent (increase or decrease) of the cost of each line item if the change would be within the scope or objective of the project and the aggregate adjustments would not increase the total amount of the grant. | ||||
| 38:38:2.0.1.1.12.1.355.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.8 Withdrawal of grant application. | VA | [77 FR 4473, Jan. 30, 2012] | A State or Tribal Organization representative may withdraw an application by submitting to VA a written document requesting withdrawal. | ||||
| 38:38:2.0.1.1.12.1.355.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | A | Subpart A—General Provisions | § 39.9 Hearings. | VA | (a) No application for a grant under this part shall be disapproved until the applicant has been afforded an opportunity for a hearing. (b) Whenever a hearing is requested under this section, notice of the hearing, procedure for the conduct of such hearing, and procedures relating to decisions and notices shall accord with the provisions of §§ 18.9 and 18.10 of this chapter. Failure of an applicant to request a hearing under this section or to appear at a hearing for which a date has been set shall be deemed to be a waiver of the right to be heard and constitutes consent to the making of a decision on the basis of such information as is available. | |||||
| 38:38:2.0.1.1.12.2.355.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.30 General requirements for a grant. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012] | (a) For a State or Tribal Organization to obtain a grant for the establishment, expansion, or improvement of a State or Tribal veterans cemetery: (1) Its preapplication for the grant must be approved by VA under § 39.31(e); (2) Its project must be ranked sufficiently high on the priority list in § 39.3 for the applicable fiscal year so that funds are available for the project; (3) Its plans and specifications for the project must be approved by VA under § 39.32; (4) The State or Tribal Organization must meet the application requirements in § 39.34; and (5) Other requirements specified in §§ 39.6, 39.10, and 39.33 must be satisfied. (b) VA may approve under § 39.35 any application under this subpart up to the amount of the grant requested once the requirements under paragraph (a) of this section have been satisfied, provided that sufficient funds are available. In determining whether sufficient funds are available, VA shall consider the project's priority ranking, the total amount of funds available for cemetery grant awards during the applicable fiscal year, and the prospects of higher ranking projects being ready for the award of a grant before the end of the applicable fiscal year. | ||||
| 38:38:2.0.1.1.12.2.355.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.31 Preapplication requirements. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012; 80 FR 43322, July 22, 2015] | (a) A State or Tribal Organization seeking a grant for the establishment, expansion, or improvement of a State or Tribal veterans cemetery must submit a preapplication to the Director, Veterans Cemetery Grants Service, through http://www.cem.va.gov/cem/scg_grants.asp. (b) No detailed drawings, plans, or specifications are required with the preapplication. As a part of the preapplication, the State or Tribal Organization must submit each of the following: (1) Standard Form 424 (Application for Federal Assistance) and Standard Form 424C (Budget Information) signed by the authorized representative of the State. These forms document the amount of the grant requested, which may not exceed 100 percent of the estimated cost of the project to be funded with the grant. (2) A program narrative describing the objectives of the project, the need for a grant, the method of accomplishment, the projected interment rate, and the results or benefits expected to be obtained from the assistance requested. (3) If a site has been selected, a description of the geographic location of the project ( i.e., a map showing the location of the project and all appropriate geographic boundaries, and any other supporting documentation, as needed). (4) A design concept describing the major features of the project including the number and types of gravesites, such as columbarium niches. (5) Any comments or recommendations made by the State's or Tribal Organization's “Single Point of Contact” reviewing agency. (6) VA Form 40-0895-2 (Certification of Compliance with Provisions of the Davis-Bacon Act) to certify that the State or Tribal Organization has obtained the latest prevailing wage rates for Federally funded projects. Any construction project fully or partially funded with Federal dollars must comply with those rates for specific work by trade employees (e.g., electricians, carpenters). (7) VA Form 40-0895-3 (State or Tribal Government Cemetery Grants Service Space Program Analysis—Buildings) to provide information on the proposed s… | ||||
| 38:38:2.0.1.1.12.2.355.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.32 Plan preparation. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4475, Jan. 30, 2012; 80 FR 43322, July 22, 2015] | The State or Tribal Organization must prepare Establishment, Expansion, and Improvement Project plans and specifications in accordance with the requirements of this section for review by the VCGS. The plans and specifications must be approved by the VCGS prior to the State's or Tribal Organization's solicitation for construction bids. Once the VCGS approves the plans and specifications, the State or Tribal Organization must obtain construction bids and determine the successful bidder prior to submission of the application. The State or Tribal Organization must establish procedures for determining that costs are reasonable and necessary and can be allocated in accordance with 2 CFR part 200. Once the Establishment, Expansion, and Improvement Project preapplication and the project's plans and specifications have been approved, an application for assistance must be submitted in compliance with the uniform requirements for grants-in-aid to State and local governments prescribed by 2 CFR part 200. (a) General. These requirements have been established for the guidance of the State or Tribal Organization and the design team to provide a standard for preparation of drawings, specifications, and estimates. (b) Technical requirements. The State or Tribal Organization should meet these technical requirements as soon as possible after VA approves the Establishment, Expansion, and Improvement Project preapplication. (1) Boundary and site survey. The State or Tribal Organization shall provide a survey of the site and furnish a legal description of the site. A boundary and site survey need not be submitted if one was submitted for a previously approved project and there have been no changes. Relevant information may then be shown on the site plan. If required, the site survey shall show each of the following items: (i) The outline and location referenced to boundaries of all existing buildings, streets, alleys (whether public or private), block boundaries, easements, encroachments, the names of streets, railroads, and… | ||||
| 38:38:2.0.1.1.12.2.355.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.33 Conferences. | VA | [77 FR 4476, Jan. 30, 2012] | (a) Predesign conference. A predesign conference is required for all Establishment, Expansion, and Improvement Projects requiring major construction, primarily to ensure that the State or Tribal Organization becomes oriented to VA procedures, requirements, and any technical comments pertaining to the project. This conference will take place at an appropriate location near the proposed site and should include a site visit to ensure that all parties to the process, including NCA staff, are familiar with the site and its characteristics. (b) Additional conferences. At any time, VA may recommend an additional conference (such as a design development conference) be held in VA Central Office in Washington, DC, to provide an opportunity for the State or Tribal Organization and its architects to discuss with VA officials the requirements for a grant. | ||||
| 38:38:2.0.1.1.12.2.355.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.34 Application requirements. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] | (a) For an Establishment, Expansion, and Improvement Project to be considered for grant funding under this subpart, the State or Tribal Organization must submit an application (as opposed to a preapplication) consisting of the following: (1) Standard Form 424 (Application for Federal Assistance) with the box labeled “application” marked; (2) Standard Form 424C (Budget Information), which documents the amount of funds requested based on the construction costs as estimated by the successful construction bid; (3) A copy of itemized bid tabulations (If there are non-VA participating areas, these shall be itemized separately.); and (4) Standard Form 424D (Assurances—Construction Program). (5) VA Form 40-0895-11 (Memorandum of Agreement for a Grant to Construct or Modify a State or Tribal Government Veterans Cemetery) to identify the parties (VA and applicant), identify the scope of the project, and indicate how the grant award funds will be paid to the applicant. (6) VA Form 40-0895-12 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions (Contractor)) to ensure that the contractor has not been debarred or suspended, and is eligible to participate in the VA grant process and receive Federal funds. (b) Prior to submission of the application, the State or Tribal Organization must submit a copy of an Environmental Assessment to determine if an Environmental Impact Statement is necessary for compliance with section 102(2)(C) of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4332). The Environmental Assessment must briefly describe the project's possible beneficial and harmful effects on the following impact categories: (1) Transportation; (2) Air quality; (3) Noise; (4) Solid waste; (5) Utilities; (6) Geology (Soils/Hydrology/Floodplains); (7) Water quality; (8) Land use; (9) Vegetation, Wildlife, Aquatic, Ecology/Wetlands, etc.; (10) Economic activities; (11) Cultural resources; (12) Aesthetics; (13) Residential popu… | ||||
| 38:38:2.0.1.1.12.2.355.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.35 Final review and approval of application. | VA | Following VA approval of bid tabulations and cost estimates, VA will review the complete Establishment, Expansion and Improvement Project grant application for approval in accordance with the requirements of § 39.30. If the application is approved, the grant will be awarded by a Memorandum of Agreement of Federal grant funds. | |||||
| 38:38:2.0.1.1.12.2.355.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | §§ 39.36-39.49 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.2.356.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | §§ 39.52-39.59 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.2.356.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.50 Amount of grant. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012; 89 FR 82182, Oct. 10, 2024] | (a) The amount of an Establishment, Expansion, and Improvement Project grant awarded under this subpart may not exceed 100 percent of the total cost of the project, but may be less than the total cost of the project. (b) The total cost of a project under this subpart may include: (1) Administration and design costs, e.g., architectural and engineering fees, inspection fees, and printing and advertising costs. (2) The cost of cemetery features, e.g., entry features, flag plaza and assembly areas, columbaria, irrigation systems, committal-service shelters, and administration/maintenance buildings. (3) In the case of an establishment grant, the cost of equipment necessary for the operation of the State or Tribal veterans cemetery. This may include the cost of non-fixed equipment such as grounds maintenance equipment, burial equipment, and office equipment. (4) In the case of an improvement or expansion grant, the cost of equipment necessary for operation of the State or Tribal veterans cemetery, but only if such equipment: (i) Was included in the construction contract; (ii) Was installed during construction; and (iii) Is permanently affixed to a building or connected to the heating, ventilating, air conditioning, or other service distributed through a building via ducts, pipes, wires, or other connecting device, such as kitchen and intercommunication equipment, built-in cabinets, and equipment lifts. (5) A contingency allowance not to exceed five percent of the total cost of a project that involves new construction or eight percent of the total cost of an improvement project that does not involve new construction. (c) The total cost of a project under this subpart may not include the cost of: (1) Land acquisition; (2) Building space that exceeds the space guidelines specified in this part; (3) Improvements not on cemetery land, such as access roads or utilities; (4) Maintenance or repair work; (5) Office supplies or consumable goods (such as fuel and fertilizer) that are routinely used in a cemetery; … | ||||
| 38:38:2.0.1.1.12.2.356.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.51 Payment of grant award. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] | The amount of an Establishment, Expansion, and Improvement Project grant award will be paid to the State or Tribal Organization or, if designated by the State or Tribal Organization representative, the State or Tribal veterans cemetery for which such project is being carried out, or to any other State or Tribal Organization agency or instrumentality. Such amount shall be paid by way of reimbursement and in installments that are consistent with the progress of the project, as the Director of the Veterans Cemetery Grants Service may determine and certify for payment to the appropriate Federal institution. Funds paid under this section for an approved Establishment, Expansion, and Improvement Project shall be used solely for carrying out such project as approved. As a condition for the final payment, the representative of the State or Tribal Organization must submit to VA the following: (a) Standard Form 271 (Outlay Report and Request for Reimbursement for Construction Programs); (b) A request in writing for the final architectural/engineering inspection, including the name and telephone number of the local point of contact for the project; (c) The written statement, “It is hereby agreed that the monetary commitment of the Federal government will have been met and the project will be considered terminated upon payment of this voucher.”; and (d) Evidence that the State or Tribal Organization has met its responsibility for an audit under the Single Audit Act of 1984 (31 U.S.C. 7501 et seq. ) and § 39.122, if applicable. | ||||
| 38:38:2.0.1.1.12.2.357.11 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.60 General requirements for site selection and construction of veterans cemeteries. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] | (a) The various codes, requirements, and recommendations of State or Tribal Organization and local authorities or technical and professional organizations, to the extent and manner in which those codes, requirements, and recommendations are referenced in this subpart, are applicable to grants involving construction of veterans cemeteries. Additional information concerning these codes, requirements, and recommendations may be obtained from VA, National Cemetery Administration, 810 Vermont Avenue NW., Washington, DC 20420. (b) The standards in §§ 39.60, 39.61, 39.62, and 39.63 constitute general design and construction criteria and shall apply to all Establishment, Expansion, and Improvement Projects for which Federal assistance is requested under 38 U.S.C. 2408. (c) In developing these standards, no attempt has been made to comply with all of the various State and local codes and regulations. The standards contained in §§ 39.60, 39.61, 39.62, and 39.63 shall be followed where they exceed State or local codes and regulations. Departure will be permitted, however, when alternate standards are demonstrated to provide equivalent or better design criteria than the standards in these sections. Conversely, compliance is required with State and local codes where such requirements provide a standard higher than those in these sections. The additional cost, if any, in using standards that are higher than those of VA should be documented and justified in the application. (d) The space criteria and area requirements referred to in these standards shall be used as a guide in planning. Additional area and facilities beyond those specified as basic may be included if found to be necessary to meet the functional requirements of the project but are subject to approval by VA. Substantial deviation from the space criteria or area standards shall be carefully considered and justified. Failing to meet the criteria or standards or exceeding them by more than 10 percent in the completed plan would be regarded as evidence of inferior … | ||||
| 38:38:2.0.1.1.12.2.357.12 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.61 Site planning standards. | VA | (a) Site selection —(1) Location. The land should be located as close as possible to the densest veteran population in the area under consideration. (2) Size. Sufficient acreage shall be available to provide gravesites for estimated needs for at least 20 years. More acreage should be provided where feasible. Acreage could vary depending on the State veteran population and national cemetery availability. (3) Accessibility. The site should be readily accessible by highway. Offsite improvements shall not be funded by the grant. (4) Topography. The land should range from comparatively level to rolling and moderately hilly terrain. Natural rugged contours are suitable only if development and maintenance costs would not be excessive and burial areas would be accessible to elderly or infirm visitors. The land shall not be subject to flooding. (5) Water table. The water table should be lower than the maximum proposed depth of burial. (6) Soil requirements. The soil should be free from rock, muck, unstable composition, and other materials that would hamper the economical excavation of graves by normal methods. In general, the soil should meet the standards of good agricultural land that is capable of supporting turf and trees, with normal care and without the addition of topsoil. (7) Utilities. Electricity and gas, if required, should be available. Offsite improvements shall not be funded by the grant. (8) Water supply. An adequate supply of water should be available. Offsite improvements shall not be funded by the grant. (9) Sewerage. An approved means to dispose of storm flow and sewage from the facility should be available. Offsite improvements shall not be funded by the grant. (b) Site development requirements —(1) General. The development plan shall provide for adequate hard-surfaced roads, walks, parking areas, public rest rooms, a flag circle, and a main gate. (2) Parking. All parking facilities shall include provisions to accommodate the physically handicapped. A minimum of one sp… | |||||
| 38:38:2.0.1.1.12.2.357.13 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.62 Space criteria for support facilities. | VA | These criteria are based on a projected average burial rate of one to six per day, staffing by position, and a defined complement of maintenance and service equipment. For cemeteries with less than one or more than six burials per day, support facilities are considered on an individual basis in accordance with § 39.60(d). In converting Net Square Feet (NSF) to Gross Square Feet (GSF), a conversion factor of 1.5 is the maximum allowed. The applicant shall, in support of the design, include the following as an attachment to the application: A list of all grounds maintenance supplies and equipment and the number of Full Time Employees (FTE) by job assignment for the next 10 years. (a) Administrative building. The administrative building should be approximately 1,600 NSF in total, providing space, as needed, for the following: (1) Cemetery director's office; (2) Other offices (as needed); (3) Administrative staff (lobby/office area); (4) Operations (file/office/equipment/work area); (5) Family/conference room; (6) Military honors team; (7) Refreshment unit; (8) Housekeeping aide's closet; and (9) Restroom facilities. (b) Maintenance/service building. The maintenance/service building may be combined with the administrative building. The maintenance/service building should be approximately 2,200 NSF in total, providing heated and air conditioned space, as needed, for the following: (1) Foreman's office; (2) Lunch room; (3) Kitchen unit; (4) Toilet and locker room facilities; (5) Housekeeping aide's closet; and (6) Vehicle and equipment maintenance and storage. (c) Vehicle and equipment storage. Approximately 275 NSF/Bay as needed. Not all types of vehicles and equipment require storage in heated space. Based on climatic conditions, it may be justified to rely completely on open structures rather than heated structures to protect the following types of vehicles and equipment: Dump trucks, pickup trucks, cemetery automobiles, gang and circular mowers. (d) Interment/committal service shelter. On… | |||||
| 38:38:2.0.1.1.12.2.357.14 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | § 39.63 Architectural design standards. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] | The publications listed in this section are incorporated by reference. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 522(a) and 1 CFR part 51. Copies of these publications may be inspected at the office of the Veterans Cemetery Grants Service, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420 or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. Copies of the 2003 edition of the National Fire Protection Association Life Safety Code and Errata (NFPA 101), the 2003 edition of the NFPA 5000, Building Construction and Safety Code, and the 2002 edition of the National Electrical Code, NFPA 70, may be obtained from the National Fire Protection Association, Inc. (NFPA), 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, (800) 844-6058 (toll free). Copies of the 2003 edition of the Uniform Mechanical Code and the 2003 edition of the Uniform Plumbing Code may be obtained from the International Association of Plumbing and Mechanical Officials, 5001 E. Philadelphia Street, Ontario, CA 91761-2816. (909) 472-4100 (this is not a toll-free number). The 2002 and 2003 NFPA and IAPMO code publications can be inspected at VA by calling (202) 461-4902 for an appointment. (a) Architectural and structural requirements —(1) Life Safety Code. Standards must be in accordance with the 2003 edition of the National Fire Protection Association Life Safety Code, NFPA 101. Fire safety construction features not included in NFPA 101 shall be designed in accordance with the requirements of the 2003 edition of the NFPA 5000, Building Construction and Safety Code. Where the adopted codes state conflicting requirements, the NFPA National Fire Codes shall govern. (2) State and local codes. In addition to compliance with the stand… | ||||
| 38:38:2.0.1.1.12.2.357.15 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | B | Subpart B—Establishment, Expansion, and Improvement Projects | §§ 39.64-39.79 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.3.358.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.80 General requirements for a grant. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 87 FR 80461, Dec. 30, 2022] | (a) For a State or Tribal Organization to obtain a grant for the operation or maintenance of a State or Tribal veterans cemetery: (1) Its preapplication for the grant must be approved by VA under § 39.81(e); (2) Its project must be ranked sufficiently high within Priority Group 4 as defined in § 39.3 for the applicable fiscal year so that funds are available for the project, and a grant for the project must not result in payment of more than the $10 million total amount permissible for all Operation and Maintenance Projects in any fiscal year; (3) Its plans and specifications for the project must be approved by VA under § 39.82; (4) The State or Tribal Organization must meet the application requirements in § 39.84; and (5) Other requirements specified in §§ 39.6, 39.10, and 39.83 must be satisfied. (b) VA may approve under § 39.85 any Operation and Maintenance Project grant application up to the amount of the grant requested once the requirements under paragraph (a) of this section have been satisfied, provided that sufficient funds are available, and that total amount of grants awarded during any fiscal year for Operation and Maintenance Projects does not exceed $10 million. In determining whether sufficient funds are available, VA shall consider the project's ranking in Priority Group 4; the total amount of funds available for cemetery grant awards in Priority Group 4 during the applicable fiscal year; and the prospects of higher-ranking projects being ready for the award of a grant before the end of the applicable fiscal year. | ||||
| 38:38:2.0.1.1.12.3.358.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.81 Preapplication requirements. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 80 FR 43322, July 22, 2015] | (a) A State or Tribal Organization seeking a grant for the operation or maintenance of a State or Tribal veterans cemetery must submit a preapplication to the Director, Veterans Cemetery Grants Service, through http://www.cem.va.gov/cem/scg_grants.asp. (b) No detailed drawings, plans, or specifications are required with the preapplication. As a part of the preapplication, the State or Tribal Organization must submit each of the following: (1) Standard Form 424 (Application for Federal Assistance) and Standard Form 424C (Budget Information) signed by the authorized representative of the State or Tribal Organization. These forms document the amount of the grant requested, which may not exceed 100 percent of the estimated cost of the project to be funded with the grant. (2) VA Form 40-0895-2 (Certification of Compliance with Provisions of the Davis-Bacon Act) to certify that the State or Tribal Organization has obtained the latest prevailing wage rates for Federally funded projects. Any construction project fully or partially funded with Federal dollars must comply with those rates for specific work by trade employees (e.g., electricians, carpenters). (3) VA Form 40-0895-6 (Certification of State or Tribal Government Matching Architectural and Engineering Funds to Qualify for Group 1 on the Priority List) to provide documentation that the State or Tribal Organization has legal authority to support the project and the resources necessary to initially fund the architectural and engineering portion of the project development. Once the grant is awarded, VA will reimburse the applicant for all allowable architectural and engineering costs. (4) VA Form 40-0895-7 (Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Covered Transactions (State or Tribal Government)) to ensure that the applicant has not been debarred or suspended, and is eligible to participate in the VA grant process and receive Federal funds. (5) VA Form 40-0895-8 (Certification Regarding Drug-Free Workplace Requi… | ||||
| 38:38:2.0.1.1.12.3.358.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.82 Plan preparation. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 80 FR 43322, July 22, 2015] | (a) The State or Tribal Organization must successfully complete its plan preparation under this section before submitting a grant application for an Operation and Maintenance Project. The State or Tribal Organization may be required to undertake some or all of the following requirements of this section. After submitting all necessary plans and specifications to the VCGS and obtaining approval for the State or Tribal Organization to solicit for the Operation and Maintenance Project contract bids, the State or Tribal Organization shall: (1) Obtain bids and determine the successful bidder; (2) Establish procedures for determining that costs are reasonable and necessary and can be allocated in accordance with 2 CFR part 200 and submit documentation of such determinations to VA; and (3) Comply with the uniform requirements for grants-in-aid to State, Tribal and local governments prescribed by 2 CFR part 200. (b) Depending on the scope of the project, the VCGS will work with the State or Tribal Organization to determine which of the following will be required prior to submission of an application. As determined by VA, these may include: (1) A boundary and site survey comprising a survey and legal description of the existing State or Tribal cemetery site; (2) Project drawings indicating the cemetery section(s) to be impacted by the Operation and Maintenance Project, gravesite section layout with permanent section monument markers and lettering system, and the total number of gravesites to be impacted; (3) Project specifications (to be used for bid purposes), which shall include the invitation for bid, cover or title sheet, index, general requirements, form of bid bond, form of agreement, performance and payment bond forms, and detailed descriptions of materials and workmanship for the work to be performed to meet VA's national shrine standards; (4) A detailed estimate of the total cost of the work to be performed under the contract; or (5) A site Environmental Assessment meeting the provisions of § 39.34(b) to … | ||||
| 38:38:2.0.1.1.12.3.358.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.83 Conferences. | VA | [77 FR 4478, Jan. 30, 2012] | (a) Planning conference. The VCGS may require planning conferences for Operation and Maintenance Projects, primarily to ensure that the State or Tribal Organization becomes oriented to VA's national shrine standards, procedures, requirements, and any technical comments pertaining to the project. These conferences will normally occur over the telephone. (b) Additional conferences. At any time, VA may recommend an additional telephone conference to provide an opportunity for the State or Tribal Organization to discuss with VA officials the requirements for an Operation and Maintenance Project grant. | ||||
| 38:38:2.0.1.1.12.3.358.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.84 Application requirements. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] | For an Operation and Maintenance Project to be considered for grant funding under this subpart, the State or Tribal Organization must submit an application (as opposed to a preapplication) consisting of the following: (a) Standard Form 424 (Application for Federal Assistance) with the box labeled “application” marked; (b) Standard Form 424C (Budget Information), which documents the amount of funds requested based on the construction costs as estimated by the successful construction bid; (c) A copy of itemized bid tabulations; and (d) Standard Form 424D (Assurances—Construction Program). (e) VA Form 40-0895-11 (Memorandum of Agreement for a Grant to Construct or Modify a State or Tribal Government Veterans Cemetery) to identify the parties (VA and applicant), identify the scope of the project, and indicate how the grant award funds will be paid to the applicant. (f) VA Form 40-0895-12 (Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions (Contractor)) to ensure that the contractor has not been debarred or suspended, and is eligible to participate in the VA grant process and receive Federal funds. | ||||
| 38:38:2.0.1.1.12.3.358.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.85 Final review and approval of application. | VA | Following VA approval of bid tabulations and cost estimates, the complete Operation and Maintenance Project grant application will be reviewed for approval in accordance with the requirements of § 39.80. If the application is approved, the grant will be awarded by a Memorandum of Agreement of Federal grant funds. | |||||
| 38:38:2.0.1.1.12.3.358.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | §§ 39.86-39.99 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.3.359.10 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | §§ 39.102-39.119 [Reserved] | VA | ||||||
| 38:38:2.0.1.1.12.3.359.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.100 Amount of grant. | VA | (a) The amount of an Operation and Maintenance Project grant awarded under this subpart may not exceed 100 percent of the total cost of the project, but may be less than total cost of the project. (b) The total cost of a project under this subpart may include any or all of the following costs: (1) Administration and design costs, e.g., architectural and engineering fees, inspection fees, and printing and advertising costs. (2) Construction costs. (3) The cost of VA-approved equipment that is necessary for the completion of the project. (c) The total cost of a project under this subpart may not include the cost of any of the following: (1) Land acquisition; (2) Buildings of any type; (3) Improvements not on cemetery land, such as access roads or utilities; (4) Office supplies or consumable goods (such as fuel and fertilizer) that are routinely used in a cemetery; or (5) Project contingency costs. (d) VA shall certify approved applications to the Secretary of the Treasury in the amount of the grant, and shall designate the appropriation from which it shall be paid. Funds paid for the operation and maintenance of a veterans cemetery must be used solely for carrying out approved projects. | |||||
| 38:38:2.0.1.1.12.3.359.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | C | Subpart C—Operation and Maintenance Projects | § 39.101 Payment of grant award. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] | The amount of an Operation and Maintenance Project grant award will be paid to the State or Tribal Organization or, if designated by the State or Tribal Organization representative, the State or Tribal veterans cemetery for which such project is being carried out, or to any other State or Tribal Organization agency or instrumentality. Such amount shall be paid by way of reimbursement and in installments that are consistent with the progress of the project, as the Director of the Veterans Cemetery Grants Service may determine and certify for payment to the appropriate Federal institution. Funds paid under this section for an approved Operation and Maintenance Project shall be used solely for carrying out such project as approved. As a condition for the final payment, the State or Tribal representative must submit to VA each of the following: (a) Standard Form 271 (Outlay Report and Request for Reimbursement for Construction Programs); (b) A report on the project accomplishments in accordance with § 39.120 and a request in writing for the final architectural/engineering inspection, including the name and telephone number of the local point of contact for the project; (c) The written statement, “It is hereby agreed that the monetary commitment of the Federal government will have been met and the project will be considered terminated upon payment of this voucher.”; and (d) Evidence that the State or Tribal Organization has met its responsibility for an audit under the Single Audit Act of 1984 (31 U.S.C. 7501 et seq. ) and § 39.122. | ||||
| 38:38:2.0.1.1.12.4.360.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | D | Subpart D—Grant Recipient Responsibilities, Inspections, and Reports Following Project Completion | § 39.120 Documentation of grant accomplishments. | VA | [77 FR 4478, Jan. 30, 2012] | Within 60 days of completion of an Operation and Maintenance Project, the State or Tribal Organization must submit to VCGS a written report regarding the work performed to meet VA's national shrine standards. This report must be based on the original justification for the grant as noted in § 39.81(b)(10) and must include statistical data and detailed pictures of the work accomplished. | ||||
| 38:38:2.0.1.1.12.4.360.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | D | Subpart D—Grant Recipient Responsibilities, Inspections, and Reports Following Project Completion | § 39.121 State or Tribal Organization responsibilities following project completion. | VA | [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] | (a) A State or Tribal Organization that has received an Establishment, Expansion, and Improvement Project grant or an Operation and Maintenance Project grant shall monitor use of the cemetery by various subgroups and minority groups, including women veterans. If VA determines that under-utilization by any of these groups exists, the State or Tribal Organization shall establish a program to inform members of these groups about benefits available to them. If a significant number or portion of the population eligible to be served or likely to be directly affected by the grant program needs benefits information in a language other than English, the State or Tribal Organization shall make such information available in the necessary language. (b) A State or Tribal veterans cemetery that has received an Establishment, Expansion, and Improvement Project grant or an Operation and Maintenance Project grant shall be operated and maintained as follows: (1) Buildings, grounds, roads, walks, and other structures shall be kept in reasonable repair to prevent undue deterioration and hazards to users. (2) The cemetery shall be kept open for public use at reasonable hours based on the time of the year. (c) VA, in coordination with the State or Tribal Organization, shall inspect the project for compliance with the standards set forth in subpart B of this part for Establishment, Expansion, and Improvement Projects and with the standards set forth in subpart C of this part for Operation and Maintenance Projects at the project's completion and at least once in every 3-year period following completion of the project throughout the period the facility is operated as a State or Tribal veterans cemetery. The State or Tribal Organization shall forward to the Director, Veterans Cemetery Grants Service, a copy of the inspection report, giving the date and location the inspection was made and citing any deficiencies and corrective action to be taken or proposed. (d) Failure of a State or Tribal Organization to comply with any of paragrap… | ||||
| 38:38:2.0.1.1.12.4.360.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 39 | PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES | D | Subpart D—Grant Recipient Responsibilities, Inspections, and Reports Following Project Completion | § 39.122 Inspections, audits, and reports. | VA | [77 FR 4478, Jan. 30, 2012, as amended at 80 FR 43322, July 22, 2015; 89 FR 82182, Oct. 10, 2024] | (a) A State or Tribal organization will allow VA inspectors and auditors to conduct inspections as necessary to ensure compliance with the provisions of this part and with provisions of § 38.629 of this chapter regarding outer burial receptacles. The State or Tribal organization will provide to VA evidence that it has met its responsibilities under the Single Audit Act of 1984. (b) A State or Tribal Organization will make an annual report on VA Form 40-0241 (State Cemetery Data) signed by the authorized representative of the State or Tribal Organization. These forms document current burial activity at the cemetery, use of gravesites, remaining gravesites, and additional operational information intended to answer questions about the status of the grant program. (c) A State or Tribal Organization will complete and submit to VA a VA Form 40-0895-13 (Certification Regarding Documents and Information Required for State or Tribal Government Cemetery Construction Grants-Post Grant Requirements) to ensure that the grantee is aware of and complies with all grant responsibilities and to properly and timely close out the grant. |
Advanced export
JSON shape: default, array, newline-delimited, object
CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);