39313 §3931—Preapplication Requirements 39313 §3931 Preapplication Requirements (a) A

39.31-3 §39.31—preapplication requirements 39.31-3 §39.31 preapplication requirements. (a) a state or tribal organization seeking a grant

39.31-3 §39.31—Preapplication requirements 39.31-3
§39.31 Preapplication requirements.
(a) A State or Tribal Organization seeking a grant for the
establishment, expansion, or improvement of a State or Tribal veterans
cemetery must submit a preapplication to the Director, Veterans
Cemetery Grants Service, through
http://www.cem.va.gov/cem/scg_grants.asp.
(b) No detailed drawings, plans, or specifications are required with
the preapplication. As a part of the preapplication, the State or
Tribal Organization must submit each of the following:
(1) Standard Form 424 (Application for Federal Assistance) and
Standard Form 424C (Budget Information) signed by the authorized
representative of the State. These forms document the amount of the
grant requested, which may not exceed 100 percent of the estimated
cost of the project to be funded with the grant.
(2) A program narrative describing the objectives of the project, the
need for a grant, the method of accomplishment, the projected
interment rate, and the results or benefits expected to be obtained
from the assistance requested.
(3) If a site has been selected, a description of the geographic
location of the project (i.e., a map showing the location of the
project and all appropriate geographic boundaries, and any other
supporting documentation, as needed).
(4) A design concept describing the major features of the project
including the number and types of gravesites, such as columbarium
niches.
(5) Any comments or recommendations made by the State's or Tribal
Organization's “Single Point of Contact” reviewing agency.
(6) VA Form 40-0895-2 (Certification of Compliance with Provisions of
the Davis-Bacon Act) to certify that the State or Tribal Organization
has obtained the latest prevailing wage rates for Federally funded
projects. Any construction project fully or partially funded with
Federal dollars must comply with those rates for specific work by
trade employees (e.g., electricians, carpenters).
(7) VA Form 40-0895-3 (State or Tribal Government Cemetery Grants
Service Space Program Analysis—Buildings) to provide information on
the proposed size of cemetery buildings, based on VA guidance on the
net and gross square footage standards for cemetery buildings. This
standard is based on a workload of 1-6 burials per day.
(8) VA Form 40-0895-6 (Certification of State or Tribal Government
Matching Architectural and Engineering Funds to Qualify for Group 1 on
the Priority List) to provide documentation that the State or Tribal
Organization has authority to support the project and the resources
necessary to initially fund the architectural and engineering portion
of the project development. Once the grant is awarded, VA will
reimburse the applicant for all allowable architectural and
engineering costs.
(9) VA Form 40-0895-7 (Certification Regarding Debarment, Suspension,
and Other Responsibility Matters—Primary Covered Transactions (State
or Tribal Government)) to ensure that the applicant has not been
debarred or suspended, and is eligible to participate in the VA grant
process and receive Federal funds.
(10) VA Form 40-0895-8 (Certification Regarding Drug-Free Workplace
Requirements for Grantees Other Than Individuals) to ensure that the
applicant complies with the Drug-Free Workplace Act of 1988 at the
location where the construction will occur.
(11) VA Form 40-0895-9 (Certification Regarding Lobbying) to ensure
that the applicant complies with Public Law 101-121 regarding the
prohibition against any payments to anyone that influences or attempts
to influence an officer or Member of Congress in connection with the
award of a grant.
(12) VA Form 40-0895-10 (Certification of Compliance with Federal
Requirements—State or Tribal Government Construction Grant) to ensure
that the applicant complies with all requirements of Part 39.
(13) VA Form 40-0895-15 (Certification of Cemetery Maintained in
Accordance with National Cemetery Administration Standards) to ensure
that any cemetery established, expanded, or improved through a grant
will be operated and maintained in accordance with the operational
standards of NCA.
(c) In addition, the State or Tribal Organization must submit written
assurance of each of the following conditions:
(1) Any cemetery established, expanded, or improved through a grant
will be used exclusively for the interment or memorialization of
eligible persons, as set forth in §39.10(a), whose interment or
memorialization is not contrary to the conditions of the grant (see
§39.10(b) and 38 U.S.C. 2408(d) and 2411).
(2) Title to the site is or will be vested solely in the State or held
in trust for the Tribal Organization on trust land.
(3) The State or Tribal Organization possesses legal authority to
apply for the grant 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 or Tribal Organization to act in connection with the
application and to provide such additional information as may be
required.
Note to paragraph (c)(3): In any case where a Tribal Organization is
applying for a grant for a cemetery on land held in trust for more
than one Indian Tribe, written assurance that the Tribal Organization
possesses legal authority to apply for the grant includes
certification that the Tribal Organization has obtained the approval
of each such Indian Tribe.
(4) The State or Tribal Organization will assist VA in assuring that
the grant complies with section 106 of the National Historic
Preservation Act of 1966, as amended (16 U.S.C. 470), Executive Order
11593 (identification and protection of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1et
seq.).
(5) The State or Tribal Organization will obtain approval by VA of the
final construction drawings and specifications before the project is
advertised or placed on the market for bidding; it will construct the
project, or cause the project to be constructed, to completion in
accordance with the application and approved plans and specifications;
it will submit to the Director of the Veterans Cemetery Grants
Service, for prior approval, changes that alter any cost of the
project, use of space, or functional layout; and it will not enter
into a construction contract for the project or undertake other
activities until the requirements of the grant program have been met.
(6) The State or Tribal Organization will comply with the Federal
requirements in 2 CFR parts 180, 200 and 801 and submit Standard Form
424D (Assurances—Construction Programs).
(7) The State or Tribal Organization will prepare an Environmental
Assessment to determine whether an Environmental Impact Statement is
necessary, and certify that funds are available to finance any costs
related to preparation of the Environmental Assessment.
(d) The State or Tribal Organization must submit a copy of the State
or Tribal Organization action authorizing the establishment,
maintenance, and operation of the facility as a veterans cemetery in
accordance with 38 CFR 39.10(a). If the State or Tribal Organization
action is based on legislation, enacted into law, then the legislation
must be submitted.
(e) Upon receipt of a complete preapplication for a grant, including
all necessary assurances and all required supporting documentation, VA
will determine whether the preapplication conforms to all requirements
listed in paragraphs (a) through (d) of this section, including
whether it contains sufficient information necessary to establish the
project's priority. VA will notify the State or Tribal Organization of
any nonconformity. If the preapplication does conform, VA shall notify
the State or Tribal Organization that the preapplication has been
found to meet the preapplication requirements, and the proposed
project will be included in the next scheduled ranking of projects, as
indicated in § 39.3(d).
(Authority: 25 U.S.C. 450b(l); 38 U.S.C. 501, 2408, 2411)
(The Office of Management and Budget has approved the information
collection requirements in this section under control numbers
4040-0004, 4040-0008, 4040-0009, and 2900-0559.)
[75 FR 34007, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012;
80 FR 43322, July 22, 2015]
Supplement Highlights References: 104(1), 117 (1).
(No. 117 8/5/15)