[Federal Register Volume 69, Number 60 (Monday, March 29, 2004)]
[Rules and Regulations]
[Pages 16344-16365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6532]



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Part II





Department of Veterans Affairs





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38 CFR Part 39



State Cemetary Grants; Final Rule

  Federal Register / Vol. 69, No. 60 / Monday, March 29, 2004 / Rules 
and Regulations  

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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 39

RIN 2900-AH46


State Cemetery Grants

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: This final rule amends the Department of Veterans Affairs (VA) 
regulations governing grants to States to establish, expand, or improve 
State veterans' cemeteries. The final rule implements a statutory 
change effected by the Veterans Programs Enhancement Act of 1998, which 
changed the grant formula from a 50-50 Federal-State matching program 
to a program that authorizes up to 100 percent Federal funding of 
certain costs. Additionally, amendments to this rule are necessary to 
simplify the preapplication process and to establish a system of 
prioritizing grant applications. Finally, non-substantive changes are 
necessary for purposes of clarification.

DATES: Effective Date: April 28, 2004.
    The incorporation by reference of certain publications in this rule 
is approved by the Director of the Office of the Federal Register as of 
April 28, 2004.

FOR FURTHER INFORMATION CONTACT: William Jayne, Director of State 
Cemetery Grants Service (SCGS), National Cemetery Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington DC 
20420. Telephone: (202) 565-6152 (this is not a toll-free number).

SUPPLEMENTARY INFORMATION: On May 1, 2003, VA published a notice of 
proposed rulemaking in the Federal Register (68 FR 23249). We proposed 
to amend VA's regulations governing grants to States to establish, 
expand, or improve State veterans' cemeteries. We proposed to make 
numerous changes, which included implementing the statutory increase of 
up to 100 percent funding of certain costs related to the 
establishment, expansion, or improvement of a veterans' cemetery, as 
well as providing for purchase of initial operating equipment by the 
States for establishment grants. Additionally, we proposed to establish 
a system of prioritization at the preapplication stage, as VA 
anticipates increased participation by the States in the State Cemetery 
Grant Program (SCGP).
    We provided a 60-day comment period that ended June 30, 2003. We 
received seven comments: four from State veterans' cemetery officials; 
one from a State department of veterans affairs official; one from the 
National Fire Protection Association, and one from the International 
Association of Plumbing and Mechanical Officials. These comments are 
discussed below.
    Based on the rationale set forth in the proposed rule and in this 
document, we adopt the provisions of the proposed rule as a final rule 
with changes explained below.

Master Plan

    One commenter suggested that a Master Plan be submitted during the 
preapplication process for new and existing cemeteries to show the 
proposed layout of all facilities for a selected site.
    To minimize the financial burden on States, the State Cemetery 
Grants Service does not require States to fund a Master Plan as part of 
the preapplication. This reduces the monetary outlay by the State prior 
to the approval of a preapplication. Office of Management and Budget 
(OMB) Circular A-102, Grants and Cooperative Agreements with State and 
Local Governments, requires a preapplication for construction grants to 
``discourage any proposals that have little or no chance for Federal 
funding before applicants incur significant costs in preparing detailed 
applications.'' Therefore, VA will not change the criteria to require 
submission of a Master Plan with the preapplication.

Funding

    One commenter questioned how the States would obtain funding for 
the Environmental Assessment. The proposed regulation indicated that 
the Environmental Assessment was required under the preapplication 
requirements.
    We have modified this section to provide that, as part of the 
preapplication requirements under Sec.  39.6, the State must provide 
written assurances that it will prepare an Environmental Assessment and 
certify that funds are available to finance any costs related to the 
Environmental Assessment. A significant outlay of funds is not required 
by the State prior to approval of the preapplication. Although the 
actual Environmental Assessment is not required as part of the 
preapplication, under Sec.  39.10(b), an Environmental Assessment will 
be required prior to submission of the application.
    The same commenter voiced concern about how initial planning and 
design costs would be funded by the State and contended that there 
should be some source of Federal funding provided for project design.
    States are required to commit funding to the planning and design of 
a project in order to demonstrate their commitment to building the 
facility and providing service to veterans. The State is required to 
supply the initial costs of meeting all requirements for grant award. 
Federal funds are awarded after all requirements have been met and the 
project is ready for construction. Following award of the grant, most 
of the initial costs incurred by the State are eligible for 
reimbursement.

Priority List

    We received several comments related to the priority list 
requirements in proposed Sec.  39.7. First, two commenters from State 
veterans' cemeteries expressed their concern about initially funding 
projects or developing a proposal in the preapplication phase, when 
they have little assurance the site selected for a proposed new State 
veterans' cemetery will rank high enough for grant approval. They point 
out that States may be unwilling to risk dedicating funds to analyze 
and develop a particular site without a high probability that the State 
will be reimbursed under an approved grant. It should be noted once 
again that the preapplication phase does not require a large State 
investment. Technical assistance from the State Cemetery Grants Service 
is available to help determine how well the project can compete with 
other proposals, which is one of the purposes of requiring a 
preapplication (OMB Circular A-102).
    Second, another commenter presented concerns that within Priorities 
1, 2, and 3, a State's preapplication will be ranked based on the 
greatest number of veterans who will benefit from the project as 
determined by VA. The commenter was concerned that a project in a 
remote location with a reduced veteran population would be at a 
disadvantage compared to projects in more densely populated locations.
    VA has completed three Congressionally mandated reports--in 1987, 
1994, and 2002--which identified the areas of greatest need for new 
veteran cemeteries. These reports were mandated pursuant to section 412 
of Public Law 99-576, Veterans' Benefits Improvement and Health-Care 
Authorization Act of 1986, and section 613 of Public Law 106-117, 
Veterans Millennium HealthCare and Benefits Act (1999). These reports 
were based on veteran demographic data. A goal of VA is to continue to 
increase the number of veterans residing in the United States who have 
a burial option in a national

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or State veterans' cemetery within 75 miles of their residence. The 
prioritization system contained in these regulations is consistent with 
that goal.
    Third, one commenter expressed concerns that projects categorized 
in Priority Group 4 (projects to improve existing facilities such as 
buildings and roads) may never receive a grant when new applications 
received in Priority Groups 1, 2, and 3 are reprioritized each year. 
While VA recognizes the importance of improvement projects, projects to 
provide more gravesites for veterans and their families or projects 
that are required to continue interment operations are considered a 
higher priority.
    One commenter noted that a State's approved preapplication may 
remain low on the priority list when all preapplications are 
reprioritized annually if its veteran population is relatively low. 
Therefore, the commenter recommended that the SCGS should rank new 
preapplications behind the preapplications that were prioritized the 
previous year.
    It should be noted that while SCGS ranks the preapplications on an 
annual basis, not all proposed State projects will be ready for funding 
during the following year since each project must meet specific 
requirements before the actual grant is awarded. For example, a 
preapplication for a project to establish a new cemetery in a 
significant population center may be submitted and placed high on the 
priority list, but the project would not be able to receive Federal 
funding until it was ready to award a construction contract. Such a 
project would not prevent funding for improvement projects that are 
ready to award a construction contract if sufficient funds are 
available.
    One commenter recommended that VA develop a database that analyzes 
or ranks each county in the nation according to its priority for a 
grant. Implementing this recommendation would be extremely costly and 
resource intensive. VA already provides a database of the veteran 
population according to county at http://www.va.gov/vetdata/census2000/index.htm. To assist States, SCGS will provide a paper copy of a 
current priority list upon request. SCGS can also provide technical 
assistance to gauge the need for projects to establish new cemeteries 
prior to submittal of a preapplication.

Facilities/Buildings

    One commenter questioned why, in Sec.  39.15(b)(4), non-fixed 
equipment is precluded under the grant payment as part of an expansion 
or improvement grant.
    By law, the cost of equipment necessary for operation of the State 
cemetery will be included in a grant only if it is part of a project to 
establish a new cemetery. See 38 U.S.C. 2408(b)(1)(A). For expansion 
and improvement grants, we are interpreting 38 U.S.C. 2408(b)(1)(B) as 
authorizing Federal funding for equipment only if that equipment 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.
    Two commenters asked why a ``chapel'' or fully enclosed, climate-
controlled, committal-service building is not included in the amount of 
grants, and why chapels cannot be combined with either an 
administrative building or an information center.
    In operating 120 national cemeteries, VA has found enclosed 
committal-service facilities or ``chapels,'' including those combined 
within another building, to be costly to build, difficult to maintain, 
and not necessary for program operations because an open shelter is 
sufficient for a brief committal service, similar to a graveside 
service at a private cemetery. VA does not believe that enclosed 
committal-service facilities are the best use of limited funds. These 
types of facilities are not constructed at new national cemeteries. We 
have amended proposed Sec.  39.15(c)(6) to clarify that a grant cannot 
be awarded for a freestanding chapel or a chapel that may be built as 
part of an administrative building or an information center.
    One commenter asked that air conditioning be allowed in the 
maintenance/service building in geographical areas that require it. It 
was not the intent of VA to exclude air conditioning. Section 39.21 has 
been revised to clarify that air conditioning is not excluded in 
appropriate areas of a maintenance building.
    Another commenter recommended that VA specify the approximate net 
square feet to be allowed for the committal service shelter and public 
information center in Sec.  39.21(d) and (e), respectively.
    The State Cemetery Grant Program will retain flexibility for these 
facilities since the requirements can be addressed in many different 
ways including consolidation within, adjacent to, or near other 
structures. Technical assistance may be obtained from SCGS staff as 
needed.
    Another commenter noted that while the square footage requirements 
for specific rooms were removed from the space criteria requirements in 
Sec.  39.21, the space criteria requirements for support facilities in 
general were still included. The commenter suggested that square 
footage standards for administrative buildings and maintenance 
buildings should be based on ten-year projections and that the 
standards in Sec.  39.21(a) and (b) should be increased to 3,000 and 
5,000 square feet, respectively.
    To allow flexibility to the States, square footage for buildings is 
provided, but not for rooms. The criteria provided in Sec.  39.21(a), 
(b) and (c), are to be used as a guide for planning. It is not 
reasonable to construct buildings that may be expanded every ten years. 
The larger-sized buildings are often not necessary, although the 
regulations allow enough flexibility to construct large facilities if 
the projected workload and staffing plans justify such development. If 
required, technical assistance may be obtained from SCGS staff.
    One commenter asked that specific criteria be established in Sec.  
39.21(f) for the use of preplaced, outer burial receptacles or other 
support facilities such as columbaria, preplaced graveliners (or 
crypts), or garden niches.
    VA's experience has shown that there are too many variables and 
unique features at each cemetery to establish strict criteria for 
interment structures. SCGS staff will provide technical assistance and 
respond to these requirements on an individual basis.
    In response to a comment related to space criteria for support 
facilities, we have corrected an erroneous reference in proposed Sec.  
39.21(f).

Administration

    One commenter indicated that information about the new electronic 
payment program through the Department of Health and Human Services 
(HHS) should be included in the rule. OMB, in accordance with section 6 
of Public Law 106-107, Federal Financial Assistance Management 
Improvement Act of 1999, has directed that grant payment systems be 
consolidated to increase efficiency. To this end, SCGS has chosen the 
Department of Health and Human Services Payment Management System, an 
internet-based system that is efficient and user-friendly. Training is 
provided for this system; in addition, if required, specific 
information related to the electronic payment program may be obtained 
from SCGS staff. Thus, it is not

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necessary to include this information in the rule.
    One commenter requested that the forms included in Sec.  39.26 be 
listed in chronological order of use, from preapplication through final 
grant application and construction. The current numerical order of the 
forms in Sec.  39.26 will be retained, however, because many readers 
will be unfamiliar with the process and numerical order will facilitate 
the reader's ability to locate specific forms more readily.

Clarifications

    We have modified Sec.  39.5(a) by removing a reference to ``wives'' 
and ``husbands'' and replacing those terms with the term ``spouses.'' 
The term ``spouse'' is defined in 38 U.S.C. 101(31).
    We have modified Sec.  39.8, Plan Preparation, to clarify that the 
State can proceed with the process of receiving construction bids once 
plans and specifications have been reviewed and approved by the SCGS.
    Additionally, in light of comments received from the National Fire 
Protection Association and the International Association of Plumbing 
and Mechanical Officials, we have modified Sec.  39.22, Architectural 
Design Standards, to incorporate by reference the most current code 
references to include: the 2003 edition of the National Fire Protection 
Association Life Safety Code, NFPA 101; the 2003 edition of the Uniform 
Plumbing Code; the 2003 edition of the NFPA 5000, Building Construction 
and Safety Code; and the NFPA 70, National Electrical Code, 2002 
edition (NEC 2002 Code). We have also added a reference to the 2003 
edition of the Uniform Mechanical Code.
    Finally, we are correcting a typographical error in the cross-
reference found in paragraph (a)(2) of Sec.  39.22.

Paperwork Reduction Act

    Although this document contains provisions constituting a 
collection of information, at 38 CFR 39.6, 39.10, 39.16, 39.17, 39.25 
and 39.26 under the provisions of the Paperwork Reduction Act (44 
U.S.C. 3501-3521), no new or proposed revised collections of 
information are associated with this final rule. The information 
collection requirements for Sec. Sec.  39.6, 39.10, 39.16, 39.17, 39.25 
and 39.26 are currently approved by the Office of Management and Budget 
(OMB) and have been assigned OMB control numbers 0348-0002, 0348-0043, 
0348-0041, 0348-0042, and 2900-0559.

Executive Order 12866

    This document has been reviewed by the Office of Management and 
Budget under Executive Order 12866.

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Only individual VA beneficiaries could be directly affected. 
Therefore, pursuant to 5 U.S.C. 605(b), this final rule is exempt from 
the initial and final regulatory flexibility analyses requirements of 
sections 603 and 604.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
developing any rule that may result in an expenditure by State, local, 
or tribal governments, in the aggregate, or by the private sector, of 
$100 million or more in any given year. This rule will have no such 
effect on State, local, or tribal governments, or the private sector.

Catalog of Federal Domestic Assistance Program Number

    The Catalog of Federal Domestic Assistance Program Number for this 
document is 64.203.

List of Subjects in 38 CFR Part 39

    Cemeteries, Grant programs--veterans, Incorporation by reference, 
Veterans.

    Approved: January 20, 2004.
Anthony J. Principi,
Secretary of Veterans Affairs.


0
For the reasons set out in the preamble, 38 CFR part 39 is revised to 
read as follows:

PART 39--AID TO STATES FOR ESTABLISHMENT, EXPANSION, AND 
IMPROVEMENT OF VETERANS' CEMETERIES

Subpart A--General Provisions
Sec.
39.1 Purpose.
39.2 Definitions.
39.3 Decisionmakers, notifications, and additional information.
39.4 Submissions of information and documents to VA.
Subpart B--Grant Requirements and Procedures
39.5 General requirements for a grant.
39.6 Preapplication requirements.
39.7 Priority list.
39.8 Plan preparation.
39.9 Conferences.
39.10 Application requirements.
39.11 Final review and approval of application.
39.12 Hearings.
39.13 Amendments to application.
39.14 Withdrawal of application.
Subpart C--Award of Grant
39.15 Amount of grant.
39.16 Line item adjustment to grant.
39.17 Payment of grant award.
39.18 Recapture provisions.
Subpart D--Standards and Requirements for Project
39.19 General requirements for site selection and construction of 
veterans' cemeteries.
39.20 Site planning standards.
39.21 Space criteria for support facilities.
39.22 Architectural design standards.
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.
Subpart F--Forms
39.26 Forms.

    Authority: 38 U.S.C. 101, 501, 2408.

Subpart A--General Provisions


Sec.  39.1  Purpose.

    This part sets forth the mechanism for a State to obtain a grant to 
establish, expand, or improve veterans' cemeteries that are or will be 
owned by the State.

(Authority: 38 U.S.C. 501, 2408.)


Sec.  39.2  Definitions.

    For the purpose of this part:
    (a) Establishment means the process of site selection, land 
acquisition, design and planning, earthmoving, landscaping, 
construction and provision of initial operating equipment necessary to 
convert a tract of land to an operational veterans' cemetery.
    (b) Expansion means an increase in the burial capacity or acreage 
of an existing cemetery through the addition of gravesites and other 
cemeterial facilities.
    (c) Improvement means the enhancement of a cemetery through 
landscaping, nonrecurring maintenance, or addition of other features 
appropriate to cemeteries.
    (d) Establishment, expansion and improvement include the 
installation of facilities necessary for the functioning of the 
cemetery, such as committal-service shelters, crypts (preplaced grave 
liners), and columbaria.
    (e) Time-phased development plan means a detailed, narrative 
description of the proposed site's characteristics, schedule for 
development, and

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estimates of costs by phases of construction.
    (f) Project means an undertaking to establish, expand, or improve a 
specific site for use as a State-owned veterans' cemetery.
    (g) State means each of the States, Territories, and possessions of 
the United States, the District of Columbia, and the Commonwealth of 
Puerto Rico.
    (h) Veteran means a person who served in the active military, 
naval, or air service and who died while in service or was discharged 
or released under conditions other than dishonorable.
    (i) Secretary means the Secretary of the United States Department 
of Veterans Affairs.
    (j) VA means the United States Department of Veterans Affairs.
    (k) State Cemetery Grants Service (SCGS) means the State Cemetery 
Grants Service within VA's National Cemetery Administration.

(Authority: 38 U.S.C. 101, 501, 2408.)


Sec.  39.3  Decisionmakers, notifications, and additional information.

    Decisions required under this part will be made by the Director, 
State Cemetery Grants Service, National Cemetery Administration, unless 
otherwise specified in this part. The VA decisionmaker will provide 
written notice to affected States of approvals, denials, or requests 
for additional information under this part.

(Authority: 38 U.S.C. 501, 2408.)


Sec.  39.4  Submissions of information and documents to VA.

    All information and documents required to be submitted to VA must 
be submitted, unless otherwise specified under this part, to the 
Director of State Cemetery Grants Service, National Cemetery 
Administration, Department of Veterans Affairs, 810 Vermont Avenue, 
NW., Washington, DC 20420.

(Authority: 38 U.S.C. 501, 2408.)

Subpart B--Grant Requirements and Procedures


Sec.  39.5  General requirements for a grant.

    (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 Sec.  
39.6;
    (2) Its project must be ranked sufficiently high on the priority 
list in Sec.  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 Sec.  39.8;
    (4) The State must meet the application requirements in Sec.  
39.10; and
    (5) Other requirements specified in Sec. Sec.  39.9 and 39.13 must 
be satisfied.
    (c) VA may approve under Sec.  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.)


Sec.  39.6  Preapplication requirements.

    (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 Sec.  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.

[[Page 16348]]

    (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 Sec.  39.7(d).

(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control numbers 0348-
0043, 0348-0041; 0348-0042.)


Sec.  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 Sec.  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.)


Sec.  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

[[Page 16349]]

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 \1/8\ or \1/4\ scale.
    (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.)

[[Page 16350]]

Sec.  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.)


Sec.  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'').

(Authority: 38 U.S.C. 501, 2408)

    (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.)

Sec.  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 Sec.  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.)


Sec.  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 
Sec. Sec.  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.)


Sec.  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.)


Sec.  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.)

Subpart C--Award of Grant


Sec.  39.15  Amount of grant.

    (a) The amount of a grant awarded under this part may not exceed 
100 percent of the total cost of the project, but may be less than that 
amount.
    (b) The total cost of a project under this part may include:
    (1) Administration and design costs, e.g., architectural and 
engineering fees, inspection fees, and printing and advertising cost.
    (2) The cost of cemetery features, e.g., entry features, flag plaza 
and assembly areas, columbarium, preplaced liners or crypts, 
irrigation, 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 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 cemetery, but only if:
    (i) Included in the construction contract;
    (ii) Installed during construction; and
    (iii) 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 the project for new construction or eight percent for 
renovation projects.
    (c) The total cost of a project under this part 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) which 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

[[Page 16351]]

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.

(Authority: 38 U.S.C. 501, 2408.)

Sec.  39.16  Line item adjustment to grant.

    After a grant has been awarded, upon request from the State 
representative, VA may approve a change in a line item (line items are 
identified in Standard Form 424C, which is set forth in Sec.  39.26(c)) 
of up to 10 percent (increase or decrease) of the cost of the line item 
if the change would be within the scope or objective of the project and 
would not change the amount of the grant.

(Authority: 38 U.S.C. 501, 2408.)


(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0041.)


Sec.  39.17  Payment of grant award.

    The amount of the grant award will be paid to the State or, if 
designated by the State representative, the State veterans' cemetery 
for which such project is being carried out, or any other State agency 
or instrumentality. Such amount shall be paid by way of reimbursement, 
and in such installments consistent with the progress of the project, 
as the Director of State Cemetery Grants Service may determine and 
certify for payment to the appropriate Federal institution. Funds paid 
under this section for an approved project shall be used solely for 
carrying out such project as so approved. As a condition for the final 
payment, the State representative must submit to VA the following:
    (a) Standard Form 271 (``Outlay Report and Request for 
Reimbursement for Construction Programs'') (The form is set forth at 
Sec.  39.26(a)).
    (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 has met its responsibility for an audit 
under the Single Audit Act of 1984 (31 U.S.C. 7501 et seq.) and Sec.  
39.19, if applicable.

(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0002.)


Sec.  39.18  Recapture provisions.

    (a) If a State which has received a grant to establish, expand, or 
improve a veterans' cemetery ceases to own such cemetery, ceases to 
operate such cemetery as a veterans' cemetery in accordance with Sec.  
39.5(a), 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 the total of all 
grants made to the State in connection with the establishment, 
expansion or improvement of such cemetery.
    (b) If all funds from a grant have not been used by a State for the 
purpose for which the grant was made within 3 years after the VA has 
certified the approved application for such grant to the Department of 
the Treasury, the United States shall be entitled to recover any unused 
grant funds from the State.

(Authority: 38 U.S.C. 501, 2408.)

Subpart D--Standards and Requirements for Project


Sec.  39.19  General requirements for site selection and construction 
of veterans' cemeteries.

    (a) The various codes, requirements, and recommendations of State 
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 for construction of veterans' cemeteries. Additional information 
concerning these codes, requirements, and recommendations may be 
obtained from the Department of Veterans Affairs, National Cemetery 
Administration, 810 Vermont Avenue, NW., Washington, DC 20420.
    (b) The standards in Sec. Sec.  39.19 through 39.22 constitute 
general design and construction criteria and shall apply to all 
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 Sec. Sec.  39.19 through 39.22 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 or area 
standards shall be carefully considered and justified. Failing to meet 
the 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 or area criteria, VA 
funding may be subject to proportionate 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.)


Sec.  39.20  Site planning standards.

    (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

[[Page 16352]]

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, flag circle, and a main gate.
    (2) Parking. All parking facilities shall include provisions to 
accommodate the physically handicapped. A minimum of one space shall be 
set aside and identified with signage in each parking area with 
additional spaces provided in the ratio of 1 handicapped space to every 
20 regular spaces. Handicapped spaces shall not be placed between two 
conventional diagonal or head-on parking spaces. Each of the 
handicapped parking spaces shall not be less than 9 feet wide; in 
addition, a clear space 4 feet wide shall be provided between the 
adjacent conventional parking spaces and also on the outside of the end 
spaces. Parking is not provided for large numbers of people attending 
ceremonial events such as Memorial Day services.
    (3) Roads. Roads should generally follow the topography of the 
cemetery, and allow pedestrian access to burial sections on both sides. 
Roads should generally not be used as ``boundaries'' outlining burial 
sections. Extensive bridging should be avoided. The grant program 
funding cannot be used to build access roads on property that is not 
part of the cemetery. Road widths shall be compatible with proposed 
traffic flows and volumes. Primary roads are generally 24 feet wide.
    (4) Pavement design. The pavement section of all roads, service 
areas and parking areas shall be designed for the maximum anticipated 
traffic loads and existing soil conditions and in accordance with local 
and State design criteria.
    (5) Curbs. Bituminous roads may be provided with integral curbs and 
gutters constructed of portland cement concrete. Freestanding curbs may 
be substituted when the advantage of using them is clearly indicated. 
All curbs shall have a ``roll-type'' cross section for vehicle and 
equipment access to lawn areas except as may be necessary for traffic 
control. The radii of curbs at road intersections shall not be less 
than 20 feet-0 inches. Curb ramps shall be provided to accommodate the 
physically handicapped and maintenance equipment. Curb ramps shall be 
provided at all intersections of roads and walks. The curb ramps shall 
not be less than 4 feet wide; they shall not have a slope greater than 
8 percent, and preferably not greater than 5 percent. The vertical 
angle between the surface of a curb ramp and the surface of a road or 
gutter shall not be less than 176 degrees; the transition between the 
two surfaces shall be smooth. Curb ramps shall have nonskid surfaces.
    (6) Walks. Walks shall be designed with consideration for the 
physically handicapped and elderly. Walks and ramps designed on an 
incline shall have periodic level platforms. All walks, ramps and 
platforms shall have nonskid surfaces. Any walk shall be ramped if the 
slope exceeds 3 percent. Walks that have gradients from 2 to 3 percent 
shall be provided with level platforms at 200-foot intervals and at 
intersections with other walks. Ramps shall not have a slope greater 
than 8 percent, and preferably not greater than 5 percent. The ramps 
shall have handrails on both sides unless other protective devices are 
provided; every handrail shall have clearance of not less than 1\1/2\ 
inches between the back of the handrail and the wall or any other 
vertical surface behind it. Ramps shall not be less than 4 feet wide 
between curbs; curbs shall be provided on both sides. The curbs shall 
not be less than 4 inches high and 4 inches wide. A level platform in a 
ramp shall not be less than the full width of the ramp and not less 
than 5 feet long. Entrance platforms and ramps shall be provided with 
protective weather barriers to shield them against hazardous conditions 
resulting from inclement weather.
    (7) Steps. Exterior steps may be included in the site development 
as long as provisions are also provided for use by physically 
handicapped persons.
    (8) Grading. Minimum lawn slopes shall be 2 percent; critical spot 
grade elevations shall be shown on the contract drawings. Insofar as 
practicable, lawn areas shall be designed without steep slopes.
    (9) Landscaping. The landscaping plan should provide for a park-
like setting of harmonious open spaces balanced with groves of 
indigenous and cultivated deciduous and evergreen trees. Shrubbery 
should be kept to a minimum. Steep slopes that are unsuitable for 
interment areas should be kept in their natural state.
    (10) Surface drainage. Surface grades shall be determined in 
coordination with the architectural, structural and mechanical design 
of buildings and facilities so as to provide proper surface drainage.
    (11) Burial areas. A site plan of the cemetery shall include a 
burial layout. If appropriate, the burial layout should reflect the 
phases of development in the various sections. The first phase of 
construction should contain sufficient burial sites to meet the 
foreseeable demand for at least 10 years. All applicable dimensions to 
roadways, fences, utilities or other structures shall be indicated on 
the layout.
    (12) Gravesites. Gravesites shall be laid out in uniform pattern. 
There shall be a minimum of 10 feet from the edge of roads and drives 
and a minimum of 20 feet from the boundaries or fence lines. Maximum 
distance from the edge of a permanent road to any gravesite shall not 
be over 275 feet. Temporary roads may be provided to serve areas in 
phase developments.
    (13) Monumentation. Each grave shall be marked with an appropriate 
marker and each cemetery shall maintain a register of burials setting 
forth the name of each person buried and the designation of the grave 
in which he/she is buried. Permanent gravesite control markers shall be 
installed based on a grid system throughout the burial area unless 
otherwise specified. This will facilitate the gravesite layout, 
placement of utility lines, and alignment of headstones.
    (14) Entrance. The entrance should be an architectural or landscape 
feature that creates a sense of arrival.
    (15) Memorial walkway. Each cemetery should have an area for the 
display of memorials donated by veterans groups and others. Such areas 
may take the form of a path or walkway and should provide a 
contemplative setting for visitors.
    (16) Donation items. Family members and others often wish to donate 
items such as benches and trees. Acceptable items of donation should be 
specified in the cemetery plan. The plan should also designate 
appropriate locations for such items.
    (17) Flag/assembly area. There shall be one primary flagpole for 
the United States flag. This flag shall be lighted. A turf assembly 
area should be developed for major gatherings such as Memorial Day. The 
assembly area may be focused on the flag. The area may also incorporate 
an architectural or a landscape feature that functions as a platform or 
backdrop for speakers.
    (18) Site furnishings. Site furnishings include signage, trash 
receptacles, benches, and flower containers. These items should be 
coordinated and complement each other, the architectural design and the 
cemetery as

[[Page 16353]]

a whole. They should be simple, durable, standardized and properly 
scaled.
    (19) Carillons. The cemetery development plan should include a 
location for a carillon tower. Carillons are normally donated. They are 
not provided for in the grant.

(Authority: 38 U.S.C. 501, 2408.)


Sec.  39.21  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 Sec.  39.19(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 functions:
    (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 
functions:
    (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. One permanent shelter is 
authorized for every five interments per day. The shelter may include a 
covered area to provide seating for approximately 20 people and an 
uncovered paved area to provide space for approximately 50 additional 
people. The shelter may also include a small, enclosed equipment/
storage area. Provisions must be made for the playing of Taps by 
recorded means.
    (e) Public Information Center. One permanent Public Information 
Center is authorized per facility. A Public Information Center is used 
to provide orientation to visitors and funeral corteges. It should 
include the gravesite locator. The public restrooms may also be 
combined with this structure. Space determinations for separate 
structures for public restrooms shall be considered on an individual 
basis. The Public Information Center, including public restrooms, may 
be combined with the administrative building.
    (f) Other interment structures. Space determinations for other 
support facilities such as columbaria, preplaced graveliners (or 
crypts), garden niches, etc., will be considered on an individual basis 
in accordance with Sec.  39.19(d).

(Authority: 38 U.S.C. 501, 2408.)


Sec.  39.22  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. 552(a) and 1 CFR 
part 51. Copies of these publications may be inspected at the office of 
the State Cemetery Grants Service, National Cemetery Administration, 
Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 
20420 or at the Office of the Federal Register, 800 North Capitol 
Street, NW., Suite 700, Washington, DC. 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. 
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.
    (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 
standards set forth in this section, all applicable local and State 
building codes and regulations must be observed. In areas not subject 
to local or State building codes, the recommendations contained in the 
2003 edition of the NFPA 5000, Building Construction and Safety Code 
shall apply.
    (3) Occupational safety and health standards. Applicable standards 
as contained in the Occupational Safety and Health Act of 1970 (29 
U.S.C. 651 et seq.) must be observed.
    (b) Mechanical requirements. The heating system, boilers, steam 
system, ventilation system and air-conditioning system shall be 
furnished and installed to meet all requirements of the local and State 
codes and regulations. Where no local or State codes are in force, the 
2003 edition of the Uniform Mechanical Code shall apply.
    (c) Plumbing requirements. Plumbing systems shall comply with all 
applicable local and State codes, the requirements of the State 
Department of Health, and the minimum general standards as set forth in 
this part. Where no local or State codes are in force, the 2003 edition 
of the Uniform Plumbing Code shall apply.
    (d) Electrical requirements. The installation of electrical work 
and equipment shall comply with all local and State codes and laws 
applicable to electrical installations and the minimum general 
standards, as set forth in the NFPA 70, National Electrical Code, 2002 
edition (NEC 2002 Code). The regulations of the local utility company 
shall govern service connections. Aluminum bus ways shall not be used 
as a conducting medium in the electrical distribution system.

(Authority: 38 U.S.C. 501, 2408.)

[[Page 16354]]

Subpart E--Responsibilities, Inspections, and Reports Following 
Project Completion


Sec.  39.23  Responsibilities following project completion.

    (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 Sec. Sec.  
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)


Sec.  39.24  State to retain control of operations.

    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.)


Sec.  39.25  Inspections, audits, and reports.

    (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.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0559.)

Subpart F--Forms


Sec.  39.26  Forms.

    All forms set forth in this part are available on the Internet at 
http://www.va.gov/forms.

BILLING CODE 8320-01-P

[[Page 16355]]

    (a) Standard Form 271--Outlay Report and Request for Reimbursement 
for Construction Programs
[GRAPHIC] [TIFF OMITTED] TR29MR04.000


[[Page 16356]]


[GRAPHIC] [TIFF OMITTED] TR29MR04.001

(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0002.)
BILLING CODE 8320-01-C

[[Page 16357]]

    (b) Standard Form 424--Application for Federal Assistance.
    [GRAPHIC] [TIFF OMITTED] TR29MR04.002
    

[[Page 16358]]


[GRAPHIC] [TIFF OMITTED] TR29MR04.003

(Authority: 38 U.S.C. 501, 2408)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0041.)
BILLING CODE 8320-01-C

[[Page 16359]]

    (c) Standard Form 424C--Instructions for the SF-424C.
    [GRAPHIC] [TIFF OMITTED] TR29MR04.004
    

[[Page 16360]]


[GRAPHIC] [TIFF OMITTED] TR29MR04.005

(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0041.)

BILLING CODE 8320-01-C


[[Page 16361]]


    (d) Standard Form 424D--Assurances--Construction Programs.

    [GRAPHIC] [TIFF OMITTED] TR29MR04.006
    

[[Page 16362]]


[GRAPHIC] [TIFF OMITTED] TR29MR04.007

(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 0348-
0042.)
BILLING CODE 8320-01-C

[[Page 16363]]

    (e) VA Form 10-0148c--Certification Regarding Debarment, 
Suspension, and Other Responsibility Matters--Primary Covered 
Transactions.

[GRAPHIC] [TIFF OMITTED] TR29MR04.008


[[Page 16364]]


[GRAPHIC] [TIFF OMITTED] TR29MR04.009

(Authority: 38 U.S.C. 501, 2408.)


[[Page 16365]]


    (f) VA Form 40-0241--State Cemetery Data.
    [GRAPHIC] [TIFF OMITTED] TR29MR04.010
    
(Authority: 38 U.S.C. 501, 2408.)

(The Office of Management and Budget has approved the information 
collection requirements in this section under control number 2900-
0559.)
[FR Doc. 04-6532 Filed 3-26-04; 8:45 am]
BILLING CODE 8320-01-C