38 C.F.R. Subpart B—Grant Requirements and Procedures
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) In order to qualify for a grant, a State veterans' cemetery must be operated solely for the interment of veterans, their spouses, surviving spouses, minor children, and unmarried adult children who were physically or mentally disabled and incapable of self-support. (b) For a State to obtain a grant under this part for the establishment, expansion, or improvement of a State veterans' cemetery: (1) Its preapplication for the grant must be approved under §39.6; (2) Its project must be ranked sufficiently high on the priority list in §39.7 for the current fiscal year so that funds are available for the project; (3) Its plans and specifications for the project must be approved under §39.8; (4) The State must meet the application requirements in §39.10; and (5) Other requirements specified in §§39.9 and 39.13 must be satisfied. (c) VA may approve under §39.11 any application up to the amount of the grant requested once the requirements under paragraph (b) 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.) (a) A State seeking a grant for the establishment, expansion, or improvement of a veterans' cemetery must submit a preapplication if the State seeks more than $100,000. (b) No detailed drawings, plans, or specifications are required with the preapplication. As a part of the preapplication, the State must submit each of the following: (1) Standard Form 424 (“Face Sheet”) 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 “Single Point of Contact” reviewing agency. (c) In addition, the State must submit written assurance that: (1) Any cemetery established, expanded, or improved through a grant will be used exclusively for the interment of eligible persons as set forth in §39.5(a). (2) Title to the site is or will be vested solely in the State. (3) It possesses legal authority to apply for the grant, and to finance and construct the proposed facilities; i.e., legislation or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the State to act in connection with the application and to provide such additional information as may be required. (4) Any cemetery established, expanded, or improved through a grant will be maintained and operated in accordance with the operational standards and measures of the National Cemetery Administration. (5) It 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.). (6) It 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 it to be constructed, to completion in accordance with the application and approved plans and specifications; it will submit to the Director of the State Cemetery Grants Service, for prior approval, changes that alter the costs of the project, use of space, or functional layout; and it will not enter into a construction contract(s) for the project or undertake other activities until the conditions of the grant program have been met. (7) It will comply with the Federal requirements in 38 CFR parts 43 and 44 and submit Standard Form 424D (“Assurances—Construction Programs”). (8) It 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 must submit a copy of the legislation, as enacted into law, authorizing the establishment, maintenance and operation of the facility as a veterans' cemetery in accordance with 38 CFR 39.5(a). (e) Upon receipt of a preapplication for a grant, including all necessary assurances and all required supporting documentation, VA shall 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 of any nonconformity. If the preapplication does conform, VA shall notify the State 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 §39.7(d). (Authority: 38 U.S.C. 501, 2408.)
Title 38: Pensions, Bonuses, and Veterans' Relief
PART 39—AID TO STATES FOR ESTABLISHMENT, EXPANSION, AND IMPROVEMENT OF VETERANS' CEMETERIES
Subpart B—Grant Requirements and Procedures
§ 39.5 General requirements for a grant.
§ 39.6 Preapplication requirements.
§ 39.7 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—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—Other improvement projects to cemetery infrastructure such as building expansion and upgrades to roads and irrigation systems that are not directly related to the development of new gravesites.
(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) Within Priority Group 4, projects will be ranked in priority order based upon VA's determination of the relative importance and necessity to operations of the proposed improvements.
(d) By August 15 of each year, VA will make a list prioritizing the preapplications that were received on or before July 1 of that year and that were approved under §39.6, ranking them in their order of priority for funding during the fiscal year that begins the following October 1. Preapplications from previous years will be re-prioritized each year.
(Authority: 38 U.S.C. 501, 2408.)
§ 39.8 Plan preparation.
The State must prepare plans and specifications in accordance with the requirements of this section for review by the SCGS. The plans and specifications must be approved by the SCGS prior to the State's solicitation for construction bids. Once SCGS grants approval, the State must obtain construction bids and determine the successful bidder prior to submission of the application. The State must establish procedures for determining that costs are reasonable, necessary and allocable in accordance with the provisions of Office of Management and Budget (OMB) Circular No. A–87. Once the 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 Office of Management and Budget Circular No. A–102, Revised.
(a) General. These requirements have been established for the guidance of the State agency and the design team to provide a standard for preparation of drawings, specifications and estimates.
(b) Technical requirements. The State should meet these technical requirements as soon as possible after VA approves the preapplication.
(1) Boundary and site survey. The State agency 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 survey shall show:
(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. The State shall provide a soil investigation of the scope necessary to ascertain site characteristics for construction and burial or to determine foundation requirements and utility service connections. A new soil investigation is not required if one was done for a previously approved project on the same site and information contained is adequate and unchanged. Soil investigation, when done, shall be documented in a signed report. Adequate investigation shall be made to determine the subsoil conditions. The investigation shall include a sufficient number of test pits or test borings as will determine, in the judgment of the architect, the true conditions. The following information will be covered in the report:
(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 under laid 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. A topographical survey in 1–foot contour intervals shall be prepared for projects establishing new cemeteries and for significant expansion projects in previously undeveloped land.
(c) Master plan. A master plan showing the proposed layout of all facilities—including buildings, roadways and burial sections—on the selected site shall be prepared for all new cemetery establishment projects for approval by the SCGS. If the project is to be phased into different year programs, the phasing shall be indicated. The master plan shall analyze all factors affecting the design, including climate, soil conditions, site boundaries, topography, views, hydrology, environmental constraints, transportation access, etc. It should provide a discussion of alternate designs that were considered. In the case of an expansion or improvement project, the work contemplated should be consistent with the VA-approved master plan or a justification for the deviation should be provided.
(d) Preliminary or “design development” drawings. Following VA approval of the master plan, the State must submit design development drawings that show all current phase construction elements to be funded by the grant. The drawings must comply with the following requirements:
(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, 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. Funds for the construction of any project being assisted under this program will not be released until VA approves the final construction drawings and specifications. If VA approves them, VA shall send the State a written letter of approval indicating the project complies with the terms and conditions as prescribed by VA, but this does not constitute approval of the contract documents. It is the responsibility of the State to ascertain that all State and Federal requirements have been met and that the drawings and specifications are acceptable for bid purposes.
(1) The State shall prepare final working drawings so that clear and distinct prints may be obtained. These drawings must be accurately dimensioned to include all necessary explanatory notes, schedules and legends. Working drawings shall be complete and adequate for VA review and comment. The State shall prepare separate drawings for each of the following types of work: architectural, equipment, layout, structural, heating and ventilating, plumbing, and electrical.
(2) Architectural drawings. The State shall submit drawings which include: All structures and other work to be removed; all floor plans if any new work is involved; all elevations, which are affected by the alterations; building sections; demolition drawings; all details to complete the proposed work and finish schedules; and fully dimensioned floor plans at
(3) Equipment drawings. The State shall submit a list of all equipment to be provided under terms of the grant in the case of an establishment project. Large-scale drawings of typical special rooms indicating all fixed equipment and major items of furniture and moveable equipment shall be included.
(4) Layout drawings. The State shall submit a layout plan that shows:
(i) All proposed features such as roads, buildings, walks, utility lines, burial layout, etc.
(ii) Contours, scale, north arrow, 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 headstone faces.
(5) Structural drawings. The State shall submit complete foundation and framing plans and details, with general notes to include: Governing code, material strengths, live loads, wind loads, foundation design values, and seismic zone.
(6) Mechanical drawings. The State shall submit:
(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. The State shall submit separate drawings for lighting and power, including drawings of:
(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 (to be used for bid purposes) shall be in completed format. Specifications shall include the invitations for bids, cover or title sheet, index, general requirements, form of bid bond, form of agreement, performance and payment bond forms, and sections describing materials and workmanship in detail for each class of work.
(9) The State shall show in convenient form and detail the estimated total cost of the work to be performed under the contract including provisions of fixed equipment shown by the plans and specifications, if applicable, to reflect the changes of the approved financial plan. Estimates shall be summarized and totaled under each trade or type of work. Estimates shall also be provided for each building structure and other important features such as the assembly area and include burial facilities.
(Authority: 38 U.S.C. 501, 2408.)
§ 39.9 Conferences.
(a) Predesign conference. A predesign conference is required for all major construction projects primarily to ensure that the State agency becomes oriented to VA procedures and requirements plus any technical comments pertaining to the project. These conferences 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 and its architects to discuss requirements for a grant with VA officials.
(Authority: 38 U.S.C. 501, 2408.)
§ 39.10 Application requirements.
(a) For a project to be considered for grant funding under this part, the State must submit an application (as opposed to a preapplication) consisting of the following:
(1) Standard Form 424 (“Face Sheet”) 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”).
(b) Prior to submission of the application, the State 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 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 0348–0043; 0348–0041; 0348–0042.)§ 39.11 Final review and approval of application.
Following VA approval of bid tabulations and cost estimates, the complete grant application will be reviewed for approval in accordance with the requirements of §39.5. If the application is approved, the grant will be awarded by a Notification of Award of Federal Grant Funds.
(Authority: 38 U.S.C. 501, 2408.)
§ 39.12 Hearings.
(a) No application for a grant to establish, expand, or improve a State veterans' cemetery 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.)
§ 39.13 Amendments to application.
Any amendment of an application that changes the scope of the application or increases the cost of the grant requested, whether or not the application has already been approved, shall be subject to approval in the same manner as an original application.
(Authority: 38 U.S.C. 501, 2408.)
§ 39.14 Withdrawal of application.
A State representative may withdraw an application by submitting to VA a written document requesting withdrawal.
(Authority: 38 U.S.C. 501, 2408.)
Browse Previous | Browse Next
