38 C.F.R. §§ 38.710–38.785

§38.710. Purpose and use of grant funds.

38 C.F.R. § 38.710

Sections 38.710 through 38.785 establish the Veterans Legacy Grants Program (VLGP). Under this program, VA may provide grants to eligible entities defined in § 38.715 to:

(a)

Conduct research related to national, State, or Tribal Veterans' cemeteries;

(b)

Produce educational materials that teach about the history of Veterans interred in national, State, or Tribal Veterans' cemeteries;

(c)

Contribute to the extended memorialization of Veterans interred in national, State, or Tribal Veterans' cemeteries by presenting grantee research on national, State, or Tribal Veterans' cemeteries through site hosting and other digital technologies; and,

(d)

Promote community engagement with the histories of Veterans interred in national, State, or Tribal Veterans' cemeteries.

Notes, amendments, and revision history

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

§38.715. Definitions.

38 C.F.R. § 38.715

For purposes of this part and any Notice of Funding Opportunity (NOFO) issued pursuant to this part:

(a)

Applicant means an eligible entity that submits a VLGP grant application that is announced in a NOFO.

(b)

Community engagement means strategic interaction with identified groups of people, whether they are connected by geographic location, special interest, or affiliation, to identify and address issues related to the legacy of Veterans.

(c)

Eligible recipient (or entity) means one of the following:

(1)

An institution of higher learning;

(2)

A local educational agency;

(3)

A non-profit entity that the Secretary determines has a demonstrated history of community engagement that pertains to the projects described in the relevant NOFO;

(4)

An educational institution; or

(5)

Another recipient (or entity) the Secretary deems appropriate.

(d)

Institution of higher learning (IHL) means a college, university, or similar institution, including a technical or business school, offering postsecondary level academic instruction that leads to an associate or higher degree if the school is empowered by the appropriate State education authority under State law to grant an associate or higher degree.

(e)

Educational institution means any public or private elementary school, secondary school, vocational school, correspondence school, business school, junior college, teachers' college, college, normal school, professional school, university, or scientific or technical institution, or other institution furnishing education for adults.

(f)

Local educational agency (LEA) means any public agency or authority, including a state educational agency, that has administrative control or direction over public elementary or secondary schools under 20 U.S.C. 7801(30). The term would also include any Bureau of Indian Education school, as covered in 20 U.S.C. 7801(30)(C).

(g)

State educational agency (SEA) means the agency primarily responsible for the State supervision of public elementary schools and secondary schools.

(h)

Non-profit entity means any organization chartered under 26 U.S.C. 501(c)(3).

(i)

Educational materials means a framework of digital instructional materials relevant to the grade level of K-12 students involved (e.g., lesson plans) that can be used for outreach and other purposes.

(j)

Recipient means an eligible recipient (or entity) that is awarded a VLGP grant under this part. It does not include a subrecipient or individual that is a beneficiary of the award.

(k)

Notice of Funding Opportunity (NOFO) means a formal announcement of the availability of a Federal funding opportunity published in the OMB-designated government-wide website Grants.gov (http://www.grants.gov) in accordance with § 38.725 and 2 CFR 200.1 and 200.204.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107002, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107002, Dec. 31, 2024]

§38.720. Grants—general.

38 C.F.R. § 38.720

(a)

Grants. VA may award VLGP grants to eligible recipients selected under § 38.730 of this part.

(b)

Maximum amounts. The maximum grant amount to be awarded to each recipient and the total maximum amount for all grants will be specified in the annually published NOFO.

(c)

Number of grants awarded. The number of grants VA will award will depend on the total amount of grant funding available at VA's discretion and the funding amount awarded to each recipient, which is based on each recipient's proposal.

(d)

Grant is not a course buyout. The grant funds shall not be used to substitute a class that an instructor is required to teach during an academic year.

(e)

Matching requirement. VA will determine whether a recipient must provide matching funds as a condition of receiving a VLGP grant as set forth in the NOFO.

(f)

Grant is not Veterans' benefit. The VLGP grant is not a Veterans' benefit. VA decisions on VLGP applications are final and not subject to the same appeal rights as Veterans' benefits decisions.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.725. Notice of Funding Opportunity (NOFO).

38 C.F.R. § 38.725

When funds are available for VLGP grants, VA will publish a NOFO at Grants.gov (http://www.grants.gov). The NOFO will identify:

(a)

The location for obtaining VLGP grant applications, including the specific forms that will be required;

(b)

The date, time, and place for submitting completed VLGP grant applications;

(c)

The estimated total amount of funds available and the maximum funds available to a single grantee;

(d)

The minimum number of total points and points per category that an applicant must receive to be considered for a grant and information regarding the scoring process;

(e)

Any timeframes and manner for payments under the VLGP grant;

(f)

A description of eligible entities or other eligibility requirements necessary to receive the grant; and

(g)

Other information necessary for the VLGP grant application process, as determined by VA, including contact information for the office that will oversee the VLGP within VA.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.730. Applications.

38 C.F.R. § 38.730

To apply for a grant, an eligible entity must submit to VA a complete application package, as described in the NOFO. Applications will be accepted only through Grants.gov (http://www.grants.gov). A complete grant application, as further described in the NOFO, includes standard forms specified in the NOFO and the following:

(a)

Project description. Each project must serve a minimum of one VA national cemetery, State Veterans' cemetery, or Tribal Veterans' cemetery. The applicant must provide a narrative project description that demonstrates the best approach for attaining required results as set forth in the NOFO;

(b)

Project team. If applicable, the applicant must provide a narrative description of anticipated project team and any work partner(s), including the responsibilities of the principal investigator, the co-principal investigators, and any extramural partner entity;

(c)

Project plan. The applicant must include a detailed timeline for the tasks outlined in the project description and proposed milestones;

(d)

Expertise and capacity. The applicant must provide a description of the applicant's ability and capacity to administer the project. This may include evidence of past experience with projects similar in scope as defined by the NOFO, to include descriptions of the engagement model, examples of successful leadership and management of a project of similar scale and budget (or greater), or related work in this field;

(e)

Match. If specified as a requirement in the NOFO, the applicant must provide evidence of secured cash matching (1:1) funds or of its ability to secure commitments to receive such funds;

(f)

Proposed budget. The applicant's proposed budget should identify all costs and proposed expenditures, to include additional compensation and honoraria (and to whom); equipment costs; production costs; and travel costs. The applicant must provide a budget that specifies costs and payments, as well as indirect and other relevant costs. The budget will be submitted in a format specified in the NOFO; and

(g)

Additional information. Any additional information as deemed appropriate by VA and set forth in the NOFO.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.735. Additional factors for deciding applications.

38 C.F.R. § 38.735

(a)

Applicant's history of performance. VA may consider the applicant's record in managing Federal awards, if a prior recipient of a Federal award, including timeliness of compliance with applicable reporting requirements and conformance to the terms and conditions of any previous Federal award.

(b)

Applicant's financial stability. Applicants must meet and have maintained standards of financial stability for participation in Federal grant programs.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.740. Scoring and selection.

38 C.F.R. § 38.740

(a)

Scoring. VA will only score complete applications received from eligible applicants by the deadline established in the NOFO. The applications must meet the minimum criteria set forth in § 38.730 and will be scored as specified in the NOFO, as set forth in § 38.725.

(b)

Selection of recipients. All complete applications will be scored using the criteria in paragraph (a) of this section and ranked in order of highest to lowest total score. NOFO announcements may also clarify the selection criteria in paragraph (a) of this section. The relative weight (point value) for each selection will be specified in the NOFO. VA will award any VLGP grant on the primary basis of the scores but will also consider a risk assessment evaluation.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.745. Disposition of applications.

38 C.F.R. § 38.745

(a)

Disposition of applications. Upon review of an application and dependent on availability of funds, VA will:

(1)

Approve the application for funding, in whole or in part, for such amount of funds, and subject to such conditions that VA deems necessary or desirable;

(2)

Determine that the application is of acceptable quality for funding, in that it meets minimum criteria, but disapprove the application for funding because it does not rank sufficiently high in relation to other applications to qualify for an award based on the level of funding available, or for another reason as provided in the decision document; or

(3)

Defer action on the application for such reasons as lack of funds or a need for further review.

(b)

Notification of disposition. VA will notify the applicant in writing of the disposition of the application. A signed grant agreement form, as defined in § 38.755, will be issued to the applicant of an approved application.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.750. Withdrawal of grant application.

38 C.F.R. § 38.750

Applicants may withdraw a VLGP application submitted through Grants.gov by writing the specified VA point of contact and including rationale for the withdrawal request within a certain number of days as determined in the NOFA.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.755. Grant agreement.

38 C.F.R. § 38.755

After a grant is approved for award, VA will draft a grant agreement to be executed by VA and the recipient. Upon execution of the grant agreement, VA will obligate the grant amount. The grant agreement will provide that the recipient agrees, and will ensure that each subrecipient (if applicable) agrees, to:

(a)

Operate the program in accordance with the provisions of §§ 38.710 through

38.785, 2 CFR part 200, and the applicant's VLGP application;

(b)

Comply with such other terms and conditions, including recordkeeping and reports for program monitoring and evaluation purposes, as VA may establish in the Terms and Conditions of the grant agreement for purposes of carrying out the VLGP project in an effective and efficient manner; and

(c)

Provide additional information that VA requests with respect to—

(1)

Program effectiveness, as defined in the Terms and Conditions of the grant agreement;

(2)

Compliance with the Terms and Conditions of the grant agreement; and

(3)

Criteria for evaluation, as defined in the Terms and Conditions of the grant agreement.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.760. Payments under the grant.

38 C.F.R. § 38.760

(a)

Manner of payment. Recipients are to be paid in accordance with 2 CFR 200.305.

(b)

Availability of grant funds. Federal financial assistance will become available subsequent to the effective date of the grant as set forth in the grant agreement. Recipients may be reimbursed for costs resulting from obligations incurred before the effective date of the grant, if such costs are authorized by VA in the NOFO or the grant agreement or authorized subsequently by VA in writing, and otherwise would be allowable as costs of the grant under applicable guidelines, regulations, and terms and conditions of the grant agreement.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.765. Recipient reporting requirements.

38 C.F.R. § 38.765

(a)

Final report. The recipient must submit to VA, no later than 120 calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of the Federal award.

(b)

Additional reporting. Additional reporting requirements may be requested by VA to allow VA to assess program effectiveness.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.770. Recovery of funds by VA.

38 C.F.R. § 38.770

(a)

Recovery of funds. VA may recover from the recipient any funds that are not used in accordance with a grant agreement. If VA decides to recover such funds, VA will issue to the recipient a notice of intent to recover grant funds, and the recipient will then have 30 days to return the grant funds or submit documentation demonstrating why the grant funds should not be returned. After review of all submitted documentation, VA will determine whether action will be taken to recover the grant funds.

(b)

Prohibition of additional VLGP payments. When VA makes a final decision to recover grant funds from the recipient, VA must stop further payments of grant funds under this part until the grant funds are recovered and the condition that led to the decision to recover grant funds has been resolved.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.775. Compliance review requirements.

38 C.F.R. § 38.775

(a)

Site visits. VA may conduct, as needed, site visits to recipient locations to review recipient accomplishments and management control systems.

(b)

Inspections. VA may conduct, as needed, inspections of recipient records to determine compliance with the provisions of this part. All visits and evaluations will be performed with minimal disruption to the recipient to the extent practicable.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.780. Financial management.

38 C.F.R. § 38.780

(a)

Compliance. All recipients will comply with applicable requirements of the Single Audit Act Amendments of 1996, as implemented by 2 CFR part 200.

(b)

Financial Management. All recipients must use a financial management system that complies with 2 CFR part 200. Recipients must meet the applicable requirements of the Office of Management and Budget's regulations on Cost Principles at 2 CFR 200.400-200.476.

Notes, amendments, and revision history

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[86 FR 59037, Oct. 26, 2021, as amended at 89 FR 107003, Dec. 31, 2024]

§38.785. Record retention and access.

38 C.F.R. § 38.785

Recipients must ensure that records are maintained and accessible in accordance with 2 CFR 200.334-200.338. Recipients must produce such records at VA's request.

Notes, amendments, and revision history

Amendments

[89 FR 107003, Dec. 31, 2024]

Source

Source: 86 FR 59037, Oct. 26, 2021, unless otherwise noted.

Authority

Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402, 2403, 2404, 2407, 2408, 2411, 7105.

Source

Source: 70 FR 4769, Jan. 31, 2005, unless otherwise noted.

Amendments

[89 FR 107003, Dec. 31, 2024]