Register on October 28, 1982. This code is incorporated as it was on the date of approval and a notice of any change in this code will be published in the FEDERAL REGISTER. Copies are available from the Department of Veterans Affairs, Office of Facilities, 810 Vermont Avenue, NW., Washington, DC 20420. A copy of this standard is on file at the Office of the Federal Register. The applicant will be responsible for conducting inspections to insure compliance with these specifications by the contractor.

(11) It will cause work on the project to be commenced within a reasonable time after receipt of notification from the Secretary that funds have been approved and that the project will be prosecuted with reasonable diligence.

(12) It will not dispose of or encumber its title or other interests in the site and facilities.

(13) It will comply with Title VI of the Civil Rights Act of 1964 (Pub. L. 88352) and all regulations adopted by VA pursuant to such Title as incorporated in 38 CFR part 18, subpart A. In accordance with Title VI of that Act, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measure necessary to effectuate this agreement. This assurance shall obligate the applicant for the period during which the site is operated as a State veterans' cemetery. (Prior to approval of financial assistance, VA will make a determination as to whether the applicant is in compliance with Title VI and the requirements of this part. The basis for such a determination shall be the submission of an assurance of compliance (VA Form 27-8206, Statement of Assurance of Compliance under Title VI, Civil Rights Act of 1964) by the applicant, and any relevant compliance review reports on file with the Department. Where a determination cannot be made from this data, VA will require the submission of necessary additional information and may take additional steps. Such additional steps may include, for example, field reviews and

communicating with local governme officials and protected class organiz tions.)

(14) It will comply with the Age Di crimination in Employment Act 1967, as amended (29 U.S.C. 621 et seq. which prohibits discrimination in en ployment practices on the basis of ag and the Age Discrimination Act of 1975 as amended (42 U.S.C. 6101 et seq. which prohibits discrimination on th basis of age in programs or activitie receiving Federal financial assistance.

(15) It will establish safeguards t prohibit employees from using thei positions for a purpose that is or give the appearance of being motivated by desire for private gain for themselve or others, particularly those wit whom they have family, business, o other ties.

(16) It will comply with the require ments of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pub. L. 91-646) which provides for fair and equitable treatment of per sons displaced as a result of Federa and federally-assisted programs.

(17) It will comply with all require ments imposed by the Department of Veterans Affairs concerning special requirements of law, program require ments, and other administrative re quirements in accordance with OME Circular A-102, Revised.

(18) It will comply with the provi sions of the Hatch Act which limit the political activity of employees.

(19) It will comply with the applicable minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act as they apply to employees of State and local governments.

(20) It will insure that the facilities under its ownership which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Department of Veterans Affairs of the receipt of any communication from the Director, Office of Federal Activities, EPA, indicating that a facility to be utilized in the project is under consideration for listing by the EPA.

will comply with the requirethe National Environmental ct of 1969, Pub. L. 91-190, as (42 U.S.C. 4321) and Executive sued pursuant thereto. will comply with the flood inpurchase requirements of Seca) of the Flood Disaster ProAct of 1973, Pub. L. 93-234, 87 į, approved December 31, 1973. 102(a) requires, on and after 1974, the purchase of flood inin communities where such inis available as a condition for ipt of any Federal financial asfor construction or acquisition s for use in any area that has entified by the Director of the | Emergency Management Agenin area having special flood haz

(t will assist the Department of ns Affairs in its compliance with n 106 of the National Historic rvation Act of 1966 as amended (16

470f), Executive Order 11593, 3 1971-1975, Comp., p. 559, and the ological and Historic Preservact of 1966 (16 U.S.C. 469a-1 et seq.) consulting with the State HisPreservation Officer on the conof investigations, as necessary, to ify properties listed in or eligible clusion in the National Register istoric Places that are subject to rse effects (see 36 CFR 800.8) by the vity, and notifying the Department eterans Affairs of the existence of such properties, and by (ii) comng with all requirements estabed by the Department of Veterans irs to avoid or mitigate adverse efsupon such properties.

4) It will obtain approval by the retary of the final working drawand specifications before ject is advertised or placed on the the rket for bidding; it will construct project, or cause it to be conucted, to final completion in accordce with the application and approved Pains and specifications; it will submit the Secretary for prior approval anges that alter the costs of the oject, use of space, or functional layt; it will not enter into a construcon contract(s) for the project or unertake other activities until the con

the Secretary has certified the approved application for such grant to the Secretary of the Treasury, the United States shall be entitled to recover any such unused grant funds from such State.

(Authority: 38 U.S.C. 2408(d))

(Approved by the Office of Management and Budget under control number 2900-0375)

[47 FR 49395, Nov. 1, 1982, as amended at 45 FR 34988, Aug. 23, 1989]

§ 39.4 Disallowance of a grant application and notice of a right to hearing.

(a) No application for the establishment, expansion or improvement of State veterans' cemeteries 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 hearing, procedure for the conduct of such hearing, and procedures relating to decisions and notices shall be in accord with the provisions §§ 18.9 and 18.10, Title 39, Code of Federal Regulations. 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.

(a) States shall monitor use of the facility by various sub-groups and minority groups. To the extent that underutilization 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 program 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 as

sistance under this program shall operated and maintained as follows:

(1) Buildings, grounds, roads, walk and other structures shall be kept i reasonable repair to prevent undue de terioration and hazards to safety

users.

(2) The cemetery shall be kept ope for public use at reasonable hours and time of the year.

(Authority: 38 U.S.C. 2408(c)(1))

(c) The State, in coordination with the Secretary, shall audit such project at their completion in accordance with Attachment P. OMB Circular A-102 and audit procedures established by the VA Office of the Inspector General. A copy of the audit shall be forwarded to the Director, State Cemetery Grants Program, giving the date and location where the audit was made and citing any deficiencies and corrective action taken or proposed.

(d) VA, in coordination with the State, shall inspect the project at completion for compliance with the standards set forth in § 39.8 and at least once in every 3-year period following completion of the project, and throughout the period the facility is operated as a State veterans' cemetery. A copy of the inspection shall be forwarded to the Director, State Cemetery Grants Program, giving the date and location where the inspection was made and citing any deficiencies and corrective action taken or proposed.

(e) Failure of the State to comply with paragraphs (a) through (c) of this section shall be considered cause for the Department of Veterans Affairs to suspend any payments due a State on any or all projects until the situation involved is corrected.

(Authority: 38 U.S.C. 2408(c)(2))

§ 39.6 State to retain control of oper ations.

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 constructed, expanded, or improved with

ce received under this program s prescribed in this part.

y: 38 U.S.C. 2408(c)(2))

lecapture.

ate which has received a grant lish, expand, or improve a vetcemetery ceases to own such y, ceases to operate such cemeveterans' cemetery, or uses any the funds provided through such or a purpose other than for he grant was made, the United shall be entitled to recover from te the total of all grants made State in connection with the esment, expansion or improve

[ such cemetery.

ity: 38 U.S.C. 2408(b)(4))

General standards for site selecn and construction of State vetans' cemeteries.

General. (1) The various codes, renents, recommendations of State cal authorities or technical and sional organizations, to the exnd manner in which reference is in these standards, are applicable nts for construction of State vetcemeteries. Additional informaconcerning these standards may tained from the Department of ans Affairs, National Cemetery mistration (40G), 810 Vermont AvNW., Washington, DC 20420.

These standards constitute genesign and construction criteria shall apply to all projects for Federal assistance is requested 38 U.S.C. 2408.

In developing these standards, no pt has been made to comply with the various State and local codes egulations. These standards must lowed where they exceed State or codes and regulations. Departure e permitted, however, when alterstandards will provide equivalent tter design criteria. Conversely, liance is required with State and codes where such requirements de a higher standard. The addi1 cost, if any, in using standards

are higher than those of the Denent of Veterans Affairs (VA)

should be documented and justified in the application.

(4) The space criteria and area requirements referred to in these standards should be used as a guide in planning. Additional area and facilities beyond those specified as basic may be included if found to be required by the program but are subject to approval by VA. Substantial deviation from the space or area standards should be carefully considered and justified, except for occasional variances which would require individual justification. Failing to meet or exceeding the standards 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. VA participation may be subject to proportionate reduction in those projects which unjustifiably exceed maximum space or area criteria.

(b) Site planning standards-(1) Site selection-(i) Location. The land should be located as closely as possible to the densest veteran population in the area under consideration.

(ii) Size. Sufficient acreage should be available to provide gravesites for estimated needs for at least 20 years. Acreage could vary depending on the State veteran population and National Cemetery availability.

(iii) Accessibility. The site should be readily accessible by highway, bus or railroad.

(iv) 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 should not be subject to flooding.

(v) Water table. The water table should be lower than the maximum proposed depth of burial.

(vi) Soil requirement. The soil should be free from rock, muck, quicksand, 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 lawns, shrubs, and trees, with normal care and without the addition of topsoil.

(vii) Utilities. Electricity and/or gas should be available (if required).

(viii) Water supply. An adequate supply of water should be available.

(ix) Sanitary sewer. An approved means to dispose of storm flow and sewage from the facility should be available.

(2) Site development requirements—(i) General. The development plan shall provide for adequate hardsurfaced roads, walks, parking areas, public rest rooms, flag circle, protective enclosure of the area, and a main gate. Pedestrian gates should also be provided at the main gate for activities that may be necessary or appropriate when the main gates are closed.

(ii) Road widths. Road widths shall be compatible with proposed traffic flows and volumes.

(iii) Surface and structure 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 one handicapped space to every twenty 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.

(iv) 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.

(v) Curbs. Bituminous roads may be provided with integral curbs and gutters constructed of portland cement concrete. Free standing 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.

(vi) Curb radii. The radii of curbs at road intersections shall not be less than 20'-0"

(vii) Curb ramps (curb cuts). Cur ramps shall be provided to accommo date the physically handicapped an lawnmowers. Curb ramps shall be pro vided at all intersections of roads an walks. The curb ramps shall not be les than 4 feet wide; they shall not have slope greater than 8 percent, and pref erably 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 nonslip surfaces.

(viii) Walks. Walks shall be designed with consideration for the physically handicapped. Walks and ramps designed on an incline shall have periodic level platforms. All walks, ramps and platforms shall have nonslip surfaces. Any walk shall be ramped if the slope exceeds 3 percent. Walks that have gradients of from 2 to 3 percent shall be provided with level platforms at 200foot 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 11⁄2 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.

(ix) Steps. Exterior steps may be included in the site development as long as provisions are also provided for use by physically handicapped persons.

(x) 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.