38 C.F.R. Subpart E—Responsibilities, Inspections, and Reports Following Project Completion
Title 38 - Pensions, Bonuses, and Veterans' Relief
(a) States shall monitor use of the cemetery by various subgroups and minority groups, including women veterans. To the extent that under-utilization by any of these groups is determined to exist, a program shall be established to inform members of these groups about benefits available to them. The information regarding the benefits shall be available in a language other than English where a significant number or portion of the population eligible to be served or likely to be directly affected by the grant program needs such service or information. (b) State veterans' cemeteries established, expanded, or improved with assistance under the grant program 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, shall inspect the project at completion for compliance with the standards set forth in §§39.19 through 39.22 and at least once in every 3-year period following completion of the project throughout the period the facility is operated as a State veterans' cemetery. A copy of the inspection report shall be forwarded to the Director, State Cemetery Grants Service, giving the date and location the inspection was made and citing any deficiencies and corrective action taken or proposed. (d) Failure of a State to comply with any of paragraphs (a) through (c) of this section shall be considered cause for the Department of Veterans Affairs to suspend any payments due the State on any or all projects until the situation involved is corrected. (Authority: 38 U.S.C. 501, 2408; and issued under authority of the President by E.O. 13166, 65 FR 50121) Neither the Secretary nor any employee of the Department of Veterans Affairs shall exercise any supervision or control over the administration, personnel, maintenance, or operation of any State veterans' cemetery established, expanded, or improved with assistance received under this program except as prescribed in this part. (Authority: 38 U.S.C. 501, 2408.) (a) A State will allow VA inspectors and auditors to conduct inspections as necessary to ensure compliance with the provisions of this part. The State will provide to VA evidence that it has met its responsibility under the Single Audit Act of 1984 (see part 41 of this chapter). (b) A State will make an annual report on VA Form 40–0241 (“State Cemetery Data”) signed by the authorized representative of the State. 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. (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 E—Responsibilities, Inspections, and Reports Following Project Completion
§ 39.23 Responsibilities following project completion.
§ 39.24 State to retain control of operations.
§ 39.25 Inspections, audits, and reports.
