PART 39—AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES Authority: 38 U.S.C. 101, 501, 2408, 2411, 3765. Source: 75 FR 34005, June 16, 2010, unless otherwise noted. Subpart A—General Provisions § 39.1 Purpose. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4472, Jan. 30, 2012] § 39.2 Definitions. For the purpose of this part: Establishment Establishment, Expansion, and Improvement Project Expansion Improvement Indian Tribe Operation and Maintenance Project Secretary State Tribal Organization (1) The recognized governing body of any Indian Tribe; (2) Any legally established organization of Indians that is controlled, sanctioned, or chartered by such governing body or is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities; (3) The Department of Hawaiian Homelands; and (4) Such other organizations as the Secretary may prescribe. Trust land (1) Is held in trust by the United States for Native Americans; (2) Is subject to restrictions on alienation imposed by the United States on Indian lands, including native Hawaiian homelands; (3) Is owned by a Regional Corporation or a Village Corporation as defined in 43 U.S.C. 1602(g) and (j); or (4) Is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary. VA Veteran Veterans Cemetery Grants Service (VCGS) (Authority: 25 U.S.C. 450b(l), 38 U.S.C. 101, 501, 2408, 3765) [77 FR 4472, Jan. 30, 2012] § 39.3 Priority list. (a) The priority groups, with Priority Group 1 having the highest priority and Priority Group 4 the lowest priority, are: (1) Priority Group 1 (2) Priority Group 2 (3) Priority Group 3 (4) Priority Group 4 (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 determination of the relative importance of proposed improvements and the degree to which proposed Operation and Maintenance Projects achieve NCA national shrine standards of appearance. No more than $10 million in any fiscal year will be awarded for Operation and Maintenance Projects under Priority Group 4. (d) By October 1 of each year, VA will make a list prioritizing all preapplications that were received on or before July 1 of that year and that were approved under § 39.31 or § 39.81, ranking them in their order of priority within the applicable Priority Group for funding during the fiscal year. Preapplications from previous years will be re-prioritized each year and do not need to be resubmitted. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 87 FR 80461, Dec. 30, 2022] § 39.4 Decision makers, notifications, and additional information. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4473, Jan. 30, 2012] § 39.5 Submission of information and documents to VA. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4473, Jan. 30, 2012] § 39.6 Amendments to grant application. 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. (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0004 and 4040-0008) (Authority: 38 U.S.C. 501, 2408) [77 FR 4473, Jan. 30, 2012] § 39.7 Line item adjustment to grants. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4473, Jan. 30, 2012] § 39.8 Withdrawal of grant application. A State or Tribal Organization representative may withdraw an application by submitting to VA a written document requesting withdrawal. (Authority: 38 U.S.C. 501, 2408) [77 FR 4473, Jan. 30, 2012] § 39.9 Hearings. (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. (Authority: 38 U.S.C. 501, 2408) § 39.10 Cemetery requirements and prohibitions and recapture provisions. (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. (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 a Federal or State crime that would cause 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. (c) If a State or Tribal Organization which has received a grant under this part ceases to own the cemetery for which the grant was made, ceases to operate such cemetery as a veterans cemetery in accordance with paragraph (a) of this section, violates the prohibition in paragraph (b) of this section, or uses any part of the funds provided through such grant for a purpose other than that for which the grant was made, the United States shall be entitled to recover from the State or Tribal Organization the total of all grants made to the State or Tribal Organization under this part in connection with such cemetery. (d) If, within 3 years after VA has certified to the Department of the Treasury an approved grant application, not all funds from the grant have been used by the State or Tribal Organization for the purpose for which the grant was made, the United States shall be entitled to recover any unused grant funds from the State or Tribal Organization. (Authority: 38 U.S.C. 501, 2408, 2411) [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] § 39.11 State or Tribal Organization to retain control of operations. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4474, Jan. 30, 2012] §§ 39.12-39.29 [Reserved] Subpart B—Establishment, Expansion, and Improvement Projects Grant Requirements and Procedures § 39.30 General requirements for a grant. (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. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012] § 39.31 Preapplication requirements. (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., (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 size of cemetery buildings, based on VA guidance on the net and gross square footage standards for cemetery buildings. This standard is based on a workload of 1-6 burials per day. (8) 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 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. (9) 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. (10) VA Form 40-0895-8 (Certification Regarding Drug-Free Workplace Requirements for Grantees Other Than Individuals) to ensure that the applicant complies with the Drug-Free Workplace Act of 1988 at the location where the construction will occur. (11) VA Form 40-0895-9 (Certification Regarding Lobbying) to ensure that the applicant complies with Public Law 101-121 regarding the prohibition against any payments to anyone that influences or attempts to influence an officer or Member of Congress in connection with the award of a grant. (12) VA Form 40-0895-10 (Certification of Compliance with Federal Requirements—State or Tribal Government Construction Grant) to ensure that the applicant complies with all requirements of part 39. (13) VA Form 40-0895-15 (Certification of Cemetery Maintained in Accordance with National Cemetery Administration Standards) to ensure that any cemetery established, expanded, or improved through a grant will be operated and maintained in accordance with the operational standards of NCA. (c) In addition, the State or Tribal Organization must submit written assurance of each of the following conditions: (1) Any cemetery established, expanded, or improved through a grant will be used exclusively for the interment or memorialization of eligible persons, as set forth in § 39.10(a), whose interment or memorialization is not contrary to the conditions of the grant ( see (2) Title to the site is or will be vested solely in the State or held in trust for the Tribal Organization on trust land. (3) The State or Tribal Organization possesses legal authority to apply for the grant and to finance and construct the proposed facilities; i.e., Note to paragraph ( c In any case where a Tribal Organization is applying for a grant for a cemetery on land held in trust for more than one Indian Tribe, written assurance that the Tribal Organization possesses legal authority to apply for the grant includes certification that the Tribal Organization has obtained the approval of each such Indian Tribe. (4) The State or Tribal Organization will assist VA in assuring that the grant complies with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq. (5) The State or Tribal Organization will obtain approval by VA of the final construction drawings and specifications before the project is advertised or placed on the market for bidding; it will construct the project, or cause the project to be constructed, to completion in accordance with the application and approved plans and specifications; it will submit to the Director of the Veterans Cemetery Grants Service, for prior approval, changes that alter any cost of the project, use of space, or functional layout; and it will not enter into a construction contract for the project or undertake other activities until the requirements of the grant program have been met. (6) The State or Tribal Organization will comply with the Federal requirements in 2 CFR parts 180, 200, and 801 and submit Standard Form 424D (Assurances—Construction Programs). (7) The State or Tribal Organization will prepare an Environmental Assessment to determine whether an Environmental Impact Statement is necessary, and certify that funds are available to finance any costs related to preparation of the Environmental Assessment. (d) The State or Tribal Organization must submit a copy of the State or Tribal Organization action authorizing the establishment, maintenance, and operation of the facility as a veterans cemetery in accordance with 38 CFR 39.10(a). If the State or Tribal Organization action is based on legislation, enacted into law, then the legislation must be submitted. (e) Upon receipt of a complete preapplication for a grant, including all necessary assurances and all required supporting documentation, VA will determine whether the preapplication conforms to all requirements listed in paragraphs (a) through (d) of this section, including whether it contains sufficient information necessary to establish the project's priority. VA will notify the State or Tribal Organization of any nonconformity. If the preapplication does conform, VA shall notify the State or Tribal Organization that the preapplication has been found to meet the preapplication requirements, and the proposed project will be included in the next scheduled ranking of projects, as indicated in § 39.3(d). (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0004, 4040-0008, 4040-0009, and 2900-0559) (Authority: 25 U.S.C. 450b(l); 38 U.S.C. 501, 2408, 2411) [75 FR 34005, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012; 80 FR 43322, July 22, 2015] § 39.32 Plan preparation. 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. (b) Technical requirements. (1) Boundary and site survey. (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 streams, and other information as specified. If there is nothing of this character affecting the property, the Surveyor shall so state on the drawings. (ii) The point of beginning, bearing, distances, and interior angles. Closure computations shall be furnished with the survey, and error of closure shall not exceed 1 foot for each 10,000 feet of lineal traverse. Boundaries of an unusual nature (curvilinear, off-set, or having other change or direction between corners) shall be referenced with curve data (including measurement chord) and other data sufficient for replacement, and such information shall be shown on the map. For boundaries of such nature, coordinates shall be given for all angles and other pertinent points. (iii) The area of the parcel in acres or in square feet. (iv) The location of all monuments. (v) Delineation of 100-year floodplain and source. (vi) The signature and certification of the Surveyor. (2) Soil investigation. (i) Thickness, consistency, character, and estimated safe bearing value where needed for structural foundation design of the various strata encountered in each pit or boring. (ii) Amount and elevation of ground water encountered in each pit or boring, its probable variation with the seasons, and effect on the subsoil. (iii) The elevation of rock, if known, and the probability of encountering quicksand. (iv) If the site is underlaid with mines, the elevations and location of the tops of the mine workings relative to the site, or old workings located in the vicinity. (3) Topographical survey. (c) Master plan. (d) Preliminary or “design development” drawings. (1) Site development and environmental plans must include locations of structures, demolition, parking, roads, service areas, walks, plazas, memorial paths, other paved areas, landscape buffer and major groupings, and interment areas (including quantity of gravesites in each area). A grading plan including existing and proposed contours at 1-foot intervals of the entire area affected by the site work must be submitted. A site plan of the immediate area around each building shall be drawn to a convenient scale and shall show the building floor plan, utility connections, walks, gates, walls or fences, flagpoles, drives, parking areas, indication of handicapped provisions, landscaping, north arrow, and any other appropriate items. (2) Floor plans of all levels at a convenient scale shall be double-line drawings and shall show overall dimensions, construction materials, door swings, names and square feet for each space, toilet room fixtures, and interior finish schedule. (3) Elevations of the exteriors of all buildings shall be drawn to the same scale as the plan and shall include all material indications. (4) Preliminary mechanical and electrical layout plans shall be drawn at a convenient scale and shall have an equipment and plumbing fixture schedule. (e) Final construction drawings and specifications. (1) General. (2) Architectural drawings. 1/8 1/4 (3) Equipment drawings. (4) Layout drawings. (i) All proposed features such as roads, buildings, walks, utility lines, burial layout, etc. (ii) Contours, scale, north arrow, and legend showing existing trees. (iii) A graphic or keyed method of showing plant types as well as quantities of each plant. (iv) Plant list with the following: key, quantity, botanical name, common name, size, and remarks. (v) Typical tree and shrub planting details. (vi) Areas to be seeded or sodded. (vii) Areas to be mulched. (viii) Gravesite section layout with permanent section monument markers and lettering system. (ix) Individual gravesite layout and numbering system. If the cemetery is existing and the project is expansion or renovation, show available, occupied, obstructed, and reserved gravesites. (x) Direction the headstones face. (5) Structural drawings. (6) Mechanical drawings. (i) Heating and ventilation drawings showing complete systems and details of air conditioning, heating, ventilation, and exhaust; and (ii) Plumbing drawings showing sizes and elevations of soil and waste systems, sizes of all hot and cold water piping, drainage and vent systems, plumbing fixtures, and riser diagrams. (7) Electrical drawings. (i) Service entrance, feeders, and all characteristics; (ii) All panel, breaker, switchboard, and fixture schedules; (iii) All lighting outlets, receptacles, switches, power outlets, and circuits; and (iv) Telephone layout, fire alarm systems, and emergency lighting. (8) Final specifications. (9) Cost estimates. (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0559) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4475, Jan. 30, 2012; 80 FR 43322, July 22, 2015] § 39.33 Conferences. (a) Predesign conference. (b) Additional conferences. (Authority: 38 U.S.C. 501, 2408) [77 FR 4476, Jan. 30, 2012] § 39.34 Application requirements. (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 population; (14) Community services and facilities; (15) Community plans and projects; and (16) Other. (c) If an adverse environmental impact is anticipated, the State or Tribal Organization must explain what action will be taken to minimize the impact. The assessment shall comply with the requirements of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq. (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0004, 4040-0008, 4040-0009, and 2900-0559) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] § 39.35 Final review and approval of application. 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. (Authority: 38 U.S.C. 501, 2408) §§ 39.36-39.49 [Reserved] Award of Grant § 39.50 Amount of grant. (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; or (6) Fully enclosed, climate-controlled, committal-service facilities, freestanding chapels, or chapels that are part of an administrative building or information center. (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 establishment, expansion, or improvement of a veterans cemetery must be used solely for carrying out approved projects. (e) VA will reimburse the cost of preplaced outer burial receptacles separately in accordance with § 38.629 of this chapter. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012; 89 FR 82182, Oct. 10, 2024] § 39.51 Payment of grant award. 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. (The Office of Management and Budget has approved the information collection requirements in this section under control number 0348-0002) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] §§ 39.52-39.59 [Reserved] Standards and Requirements § 39.60 General requirements for site selection and construction of veterans cemeteries. (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 design or as exceeding the boundaries of professional requirements. In those projects that unjustifiably exceed maximum space criteria or area requirements, VA funding may be subject to reduction in proportion to the amount by which the space or area of the cemetery exceeds the maximum specified in these standards. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] § 39.61 Site planning standards. (a) Site selection Location. (2) Size. (3) Accessibility. (4) Topography. (5) Water table. (6) Soil requirements. (7) Utilities. (8) Water supply. (9) Sewerage. (b) Site development requirements General. (2) Parking. (3) Roads. (4) Pavement design. (5) Curbs. (6) Walks. 1/2 (7) Steps. (8) Grading. (9) Landscaping. (10) Surface drainage. (11) Burial areas. (12) Gravesites. (13) Monumentation. (14) Entrance. (15) Memorial walkway. (16) Donation items. (17) Flag/assembly area. (18) Site furnishings. (19) Carillons. (Authority: 38 U.S.C. 501, 2408) § 39.62 Space criteria for support facilities. 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. (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. (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. (d) Interment/committal service shelter. (e) Public Information Center. (f) Other interment structures. (Authority: 38 U.S.C. 501, 2408) § 39.63 Architectural design standards. 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. (a) Architectural and structural requirements Life Safety Code. (2) State and local codes. (3) Occupational safety and health standards. et seq. (b) Mechanical requirements. (c) Plumbing requirements. (d) Electrical requirements. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4476, Jan. 30, 2012] §§ 39.64-39.79 [Reserved] Subpart C—Operation and Maintenance Projects Grant Requirements and Procedures § 39.80 General requirements for a grant. (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. (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 87 FR 80461, Dec. 30, 2022] § 39.81 Preapplication requirements. (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 Requirements for Grantees Other Than Individuals) to ensure that the applicant complies with the Drug-Free Workplace Act of 1988 at the location where the construction will occur. (6) VA Form 40-0895-9 (Certification Regarding Lobbying) to ensure that the applicant complies with Public Law 101-121 regarding the prohibition against any payments to anyone that influences or attempts to influence an officer or Member of Congress in connection with the award of a grant. (7) VA Form 40-0895-10 (Certification of Compliance with Federal Requirements-State or Tribal Government Construction Grant) to ensure that the applicant complies with all requirements of part 39. (8) VA Form 40-0895-15 (Certification of Cemetery Maintained in Accordance with National Cemetery Administration Standards) to ensure that any cemetery operated or maintained through a grant will be operated and maintained in accordance with VA's national shrine standards of appearance. (9) A gravesite assessment survey documenting the State or Tribal cemetery's performance related to the standards outlined in paragraph (b)(10) of this section for the year in which the preapplication is submitted. (10) A program narrative describing how the project will assist the State or Tribal Organization in meeting VA's national shrine standards with respect to cleanliness, height and alignment of headstones and markers, leveling of gravesites, or turf conditions. Specifically, the preapplication should explain the need for the grant, how the work is to be accomplished, and the expected improvement in the State or Tribal cemetery's performance related to one or more of the following national shrine standards: (i) Cleanliness. (ii) Height. (iii) Alignment. (iv) Grade. (v) Turf conditions. (11) A description of the geographic location of the existing State or Tribal veteran cemetery and any other supporting documentation, as requested by the VCGS Director. (12) A description of the project including the number and types of headstones and markers that need to be cleaned and aligned, a description of the gravesites that need to be leveled, and a description of the turf conditions that need to be improved to meet VA's national shrine standards. (c) In addition, the State or Tribal Organization must submit written assurance of each of the following conditions: (1) Any cemetery in receipt of a grant under this subpart will be used exclusively for the interment or memorialization of eligible persons, as set forth in § 39.10(a), whose interment or memorialization is not contrary to the conditions of the grant (see § 39.10(b) and 38 U.S.C. 2408(d) and 2411). (2) Title to the site is or will be vested solely in the State or held in trust for the Tribal Organization on trust land. (3) The State or Tribal Organization possesses legal authority to apply for the grant. Note to paragraph ( c In any case where a Tribal Organization is applying for a grant for a cemetery on land held in trust for more than one Indian Tribe, written assurance that the Tribal Organization possesses legal authority to apply for the grant includes certification that the Tribal Organization has obtained the approval of each such Indian Tribe. (4) The State or Tribal Organization will obtain approval by VA of the final specifications before the project is advertised or placed on the market for bidding; the project will achieve VA's national shrine standards with respect to cleanliness, height and alignment of headstones and markers, leveling of gravesites, or turf conditions in accordance with the application and approved plans and specifications; the State or Tribal Organization will submit to the Director of the Veterans Cemetery Grants Service, for prior approval, changes that alter any cost of the project; and the State or Tribal Organization will not enter into a contract for the project or undertake other activities until all the requirements of the grant program have been met. (d) Depending on the scope of the project, the VCGS will work with the State or Tribal Organization to determine which, if any, of the following are required: (1) Compliance with section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq. (2) Compliance with the Federal requirements in 2 CFR parts 180, 200, and 801 and submission of Standard Form 424D (Assurances—Construction Programs). (3) A site Environmental Assessment to determine whether an Environmental Impact Statement will be necessary as a result of the work to be performed on the headstones and markers, gravesites, or turf conditions. (e) Upon receipt of a complete preapplication for a grant, including all necessary assurances and all required supporting documentation, VA will determine whether the preapplication conforms to all requirements listed in paragraphs (a) through (d) of this section, including whether it contains sufficient information necessary to establish the project's priority. VA will notify the State or Tribal Organization of any nonconformity. If the preapplication does conform, VA shall notify the State or Tribal Organization that the preapplication has been found to meet the preapplication requirements, and the proposed project will be included in the next scheduled ranking of projects, as indicated in § 39.3(d). (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0004, 4040-0008, 4040-0009, and 2900-0559) (Authority: 25 U.S.C. 450b(l); 38 U.S.C. 501, 2408, 2411) [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 80 FR 43322, July 22, 2015] § 39.82 Plan preparation. (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 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), as a result of the work to be performed on the headstones and markers, gravesites, or turf conditions. (c) If VA determines that the project's plans and specifications comply with the terms and conditions prescribed by VA, VA will send the State or Tribal Organization a written letter of approval indicating that the project's plans and specifications comply with the terms and conditions as prescribed by VA. This does not constitute approval of the contract documents. It is the responsibility of the State or Tribal Organization to ascertain that all State and Federal requirements have been met and that the drawings and specifications are acceptable for bid purposes. (The Office of Management and Budget has approved the information collection requirement in this section under control number 2900-0559) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 80 FR 43322, July 22, 2015] § 39.83 Conferences. (a) Planning conference. (b) Additional conferences. (Authority: 38 U.S.C. 501, 2408) [77 FR 4478, Jan. 30, 2012] § 39.84 Application requirements. 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. (The Office of Management and Budget has approved the information collection requirements in this section under control numbers 4040-0002, 4040-0008, 4040-0009, and 2900-0559) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] § 39.85 Final review and approval of application. 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. (Authority: 38 U.S.C. 501, 2408) §§ 39.86-39.99 [Reserved] Award of Grant § 39.100 Amount of grant. (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. (Authority: 38 U.S.C. 501, 2408) § 39.101 Payment of grant award. 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. (The Office of Management and Budget has approved the information collection requirements in this section under control number 0348-0002) (Authority: 38 U.S.C. 501, 2408) [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] §§ 39.102-39.119 [Reserved] Subpart D—Grant Recipient Responsibilities, Inspections, and Reports Following Project Completion § 39.120 Documentation of grant accomplishments. 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. (Authority: 38 U.S.C. 501, 2408) [77 FR 4478, Jan. 30, 2012] § 39.121 State or Tribal Organization responsibilities following project completion. (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 paragraphs (a) through (c) of this section shall be considered cause for VA to suspend any payments due the State or Tribal Organization on any project until the compliance failure is corrected. (Authority: 38 U.S.C. 501, 2408; and E.O. 13166, 65 FR 50121) [75 FR 34005, June 16, 2010, as amended at 77 FR 4478, Jan. 30, 2012] § 39.122 Inspections, audits, and reports. (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. (The Office of Management and Budget has approved the information collection requirements in this section under control number 2900-0559) (Authority: 38 U.S.C. 501, 2408) [77 FR 4478, Jan. 30, 2012, as amended at 80 FR 43322, July 22, 2015; 89 FR 82182, Oct. 10, 2024]