---
kind: "section"
citation: "38 C.F.R. § 39.80"
title: "38"
number: "39.80"
heading: "General requirements for a grant."
url: "https://uscodex.org/cfr/38/39.80"
---

# §39.80. General requirements for a grant.

- (a) For a State or Tribal Organization to obtain a grant for the operation or maintenance of a State or Tribal veterans cemetery:
  - (1) Its preapplication for the grant must be approved by VA under [§ 39.81(e)](/cfr/38/39.81.md?p=e);
  - (2) Its project must be ranked sufficiently high within Priority Group 4 as defined in [§ 39.3](/cfr/38/39.3.md) for the applicable fiscal year so that funds are available for the project, and a grant for the project must not result in payment of more than the $10 million total amount permissible for all Operation and Maintenance Projects in any fiscal year;
  - (3) Its plans and specifications for the project must be approved by VA under [§ 39.82](/cfr/38/39.82.md);
  - (4) The State or Tribal Organization must meet the application requirements in [§ 39.84](/cfr/38/39.84.md); and
  - (5) Other requirements specified in §§ [39.6](/cfr/38/39.6.md), [39.10](/cfr/38/39.10.md), and [39.83](/cfr/38/39.83.md) must be satisfied.
- (b) VA may approve under [§ 39.85](/cfr/38/39.85.md) any Operation and Maintenance Project grant application up to the amount of the grant requested once the requirements under [paragraph (a)](#a) of this section have been satisfied, provided that sufficient funds are available, and that total amount of grants awarded during any fiscal year for Operation and Maintenance Projects does not exceed $10 million. In determining whether sufficient funds are available, VA shall consider the project's ranking in Priority Group 4; the total amount of funds available for cemetery grant awards in Priority Group 4 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.

## Notes

### Amendments

[75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 87 FR 80461, Dec. 30, 2022]

### Authority

Authority: 38 U.S.C. 101, 501, 2408, 2411, 3765.

### Source

Source: 75 FR 34005, June 16, 2010, unless otherwise noted.

### Amendments

[75 FR 34005, June 16, 2010, as amended at 77 FR 4477, Jan. 30, 2012; 87 FR 80461, Dec. 30, 2022]