Proposed Rule2024-02183
Outer Burial Receptacles
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 6, 2024
Issuing agencies
Veterans Affairs Department
Abstract
The Department of Veterans Affairs (VA) proposes to revise its regulation that governs the outer burial receptacle (OBR) monetary allowance for burials in a VA national cemetery when a privately purchased OBR is used in lieu of a Government-furnished graveliner. First, VA proposes to expand applicability of the monetary allowance to burials in VA grant-funded State and Tribal cemeteries when a privately purchased OBR was used, or where an OBR is placed at the time of interment, at the cost of the State or Tribal Organization. Second, VA proposes to reimburse States and Tribal Organizations for OBRs that are pre-placed as part of a new construction or expansion grant project. In addition, VA proposes minor conforming revisions to its regulations governing aid for the establishment, expansion and improvement of veterans cemeteries to clarify that VA will reimburse the cost of preplaced OBRs separately from the grant award. These changes would implement new authorities provided in the Johnny Isakson and David P. Roe, M.D Veterans Health Care and Benefits Improvement Act of 2020. VA also proposes to amend the regulation governing OBRs by removing retroactive provisions no longer needed because the relevant time period has passed.
Full Text
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<title>Federal Register, Volume 89 Issue 25 (Tuesday, February 6, 2024)</title>
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[Federal Register Volume 89, Number 25 (Tuesday, February 6, 2024)]
[Proposed Rules]
[Pages 8126-8131]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-02183]
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DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 38 and 39
RIN 2900-AR82
Outer Burial Receptacles
AGENCY: Department of Veterans Affairs.
ACTION: Proposed rule.
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SUMMARY: The Department of Veterans Affairs (VA) proposes to revise its
regulation that governs the outer burial receptacle (OBR) monetary
allowance for burials in a VA national cemetery when a privately
purchased OBR is used in lieu of a Government-furnished graveliner.
First, VA proposes to expand applicability of the monetary allowance to
burials in VA grant-funded State and Tribal cemeteries when a privately
purchased OBR was used, or where an OBR is placed at the time of
interment, at the cost of the State or Tribal Organization. Second, VA
proposes to reimburse States and Tribal Organizations for OBRs that are
pre-placed as part of a new construction or expansion grant project. In
addition, VA proposes minor conforming revisions to its regulations
governing aid for the establishment, expansion and improvement of
veterans cemeteries to clarify that VA will reimburse the cost of
preplaced OBRs separately from the grant award. These changes would
implement new authorities provided in the Johnny Isakson and David P.
Roe, M.D Veterans Health Care and Benefits Improvement Act of 2020. VA
also proposes to amend the regulation governing OBRs by removing
retroactive provisions no longer needed because the relevant time
period has passed.
DATES: Comments must be received on or before April 8, 2024.
ADDRESSES: Comments must be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>.
Except as provided below, comments received before the close of the
comment period will be available at <a href="http://www.regulations.gov">www.regulations.gov</a> for public
viewing, inspection, or copying, including any personally identifiable
or confidential business information that is included in a comment. We
post the comments received before the close of the comment period on
the following website as soon as possible after they have been
received: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. VA will not post on
<a href="http://Regulations.gov">Regulations.gov</a> public comments that make threats to individuals or
institutions or suggest that the commenter will take actions to harm
the individual. VA encourages individuals not to submit duplicative
comments; however, we will post comments from multiple unique
commenters even if the content is identical or nearly identical to
other comments. Any public comment received after the comment period's
closing date is considered late and will not be considered in the final
rulemaking. In accordance with the Providing Accountability Through
Transparency Act of 2023, a 100 word Plain-Language Summary of this
proposed rule is available at <a href="http://Regulations.gov">Regulations.gov</a>, under RIN 2900-AR82.
FOR FURTHER INFORMATION CONTACT: Michelle Myers, Management and Program
Analyst, Policy and Regulatory Service, National Cemetery
Administration, Department of Veterans
[[Page 8127]]
Affairs, 810 Vermont Avenue NW, Washington, DC 20420. Telephone: (720)
607-0364. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION:
Background
Section 2306(e) of title 38, United States Code (U.S.C.),
authorizes VA to provide an OBR for each new grave used for casketed
remains in an open VA national cemetery. VA has implemented this
authority in three ways: providing pre-placed OBRs as part of new
construction or expansion of national cemeteries; installing a
Government-furnished graveliner at the time of interment; and providing
a monetary allowance for burials where the OBR was privately purchased.
Pre-placed OBRs are installed in the ground during construction of a
cemetery site, then covered with soil and grass. When needed for a
burial, the area is unearthed, and the casket is placed. This allows
for more efficient use of cemetery space, more efficient operations and
improved appearance through the elimination of sunken graves. For
gravesites where OBRs were not pre-placed during construction, VA may
provide a graveliner at the time of interment. Typically, a Government-
furnished graveliner placed at the time of interment is pre-cast
concrete and maintains the integrity of the soil around the grave,
eliminating sunken graves and improving cemetery appearance.
In some cases, families choose to use a privately purchased OBR in
lieu of a Government-furnished graveliner. Section 2306(e)(4)
authorizes VA to use a voucher system or other system of reimbursement
to pay for OBRs for burials in a VA cemetery, and in December 2000, VA
first implemented regulations to administer this authority as a
monetary allowance in 38 CFR 38.629 (65 FR 76937).
New Authority
On January 5, 2021, sec. 2203 of Public Law 116-315, the Johnny
Isakson and David P. Roe, M.D Veterans Health Care and Benefits
Improvement Act of 2020, amended section 2306(e) to expand
applicability of the OBR program to burials in cemeteries that are the
subject of a grant to a State or Tribal Organization under 38 U.S.C.
2408.
To implement this new authority, VA proposes to revise Sec. 38.629
to include provision of OBRs for gravesites in State or Tribal
Organization cemeteries funded through VA grants. Specifically, we
propose to redesignate paragraph (b) as paragraph (b)(1) and revise
redesignated paragraph (b)(1) by adding language to the existing
purpose statement to include payment of a monetary allowance for
interments in grant-funded cemeteries where a privately purchased OBR
has been used. As well, we propose adding new paragraphs (b)(2) and (3)
to explain that the purpose of the section now also provides for
payment of a monetary allowance for OBRs placed at the time of
interment in grant-funded cemeteries and for reimbursement of the cost
for OBRs that are pre-placed as part of construction, expansion, or
improvement of a grant-funded cemetery. These amendments establish that
VA will use Sec. 38.629 to regulate both the monetary allowance and
reimbursements associated with OBRs for burials in VA grantee-
cemeteries.
VA proposes minor revisions to the heading and text of paragraph
(c) to clarify that the content of the paragraph refers to subsequent
interments with privately purchased OBRs. In burials where a casket
already exists in a grave with or without an OBR, subsequent placement
of a second casket in an OBR would not be permitted in the same grave
unless the cemetery director determines that the already interred
casket would not be damaged. We propose replacing the current reference
to ``graveliner'' in paragraph (c) with the broader term of ``outer
burial receptacle'' to be more consistent with terminology used
throughout the regulatory text. As well, we propose removing the word
``national'' to make the paragraph applicable to VA grant-funded
cemetery directors, who now have responsibilities related to potential
use of privately purchased OBRs. These revisions clarify the meaning
and applicability of the paragraph.
Monetary Allowance for Privately Purchased OBRs
VA proposes to revise the heading of paragraph (d) to specify that
the provision refers to payment of monetary allowance for privately
purchased OBRs and to redesignate paragraph (d) as paragraph (d)(1). VA
proposes to add a new paragraph (d)(2) to specify provision of a
monetary allowance for burials in a grant-funded cemetery where a
privately purchased OBR was used. VA would require a request for
payment from the person who paid for the OBR along with evidence of
such payment. The request must be verified by the cemetery director
where the burial occurred. Since this authority is effective, by law,
on and after January 5, 2023, the revision would include the effective
date.
Monetary Allowance for OBRs Placed at Time of Interment
VA proposes to redesignate paragraph (e) as (f) and add new
paragraph (e) to provide for payment of monetary allowance for OBRs
placed at time of interment. VA would pay an allowance to a State or
Tribal Organization for OBRs placed at the time of interment for
burials in a grantee cemetery. Since this authority is effective, by
law, on and after January 5, 2023, the revision would include the
effective date. VA proposes to issue payment on a quarterly basis for
the total number of burials that occurred during the quarter, when
requested by the State or Tribal Organization on the approved VA
application form. Since the monetary allowance for a single OBR is a
relatively small amount, VA proposes a quarterly basis as a reasonable
approach to minimize the number of applications for payment that need
to be submitted by the States and Tribal Organizations and to allow for
efficient management and processing of the requests by VA. Rather than
requiring a separate application for each relevant interment, States
and Tribal Organizations would submit one application for all OBRs used
at time of interment during each quarter. In addition, proposed
paragraph (e)(3) would establish that payment may not be made for
burials where a fee for the OBR was charged to the decedent's family or
other responsible party.
Reimbursement for OBRs Pre-Placed as Part of Construction
VA proposes to add a new paragraph (g) to provide for reimbursement
of the cost of OBRs that are pre-placed as part of new construction,
expansion or improvement of a grant-funded cemetery. VA proposes to
reimburse States and Tribal Organizations for the cost of pre-placed
OBRs installed in conjunction with construction and expansion cemetery
grants. States and Tribal Organizations would be required to submit a
request for reimbursement using Standard Form 271, Outlay Report and
Request for Reimbursement for Construction Programs. This approach is
standard for requesting reimbursement for construction projects and is
already used by the Veterans Cemetery Grants Program (VCGP) as part of
the grant award process. The information required for determining the
cost and the agency entitled to reimbursement is included in
information already being collected as part of the veterans cemetery
grant application and award process, so there would be no impact
regarding the Paperwork Reduction Act. This
[[Page 8128]]
provision for reimbursement aligns administration of the OBR benefit
for VA grant-funded cemeteries with that of VA national cemeteries.
Audit Provisions
VA proposes to add a new paragraph (h) to establish that a State or
Tribal Organization that seeks payment in the form of reimbursement or
monetary allowance for OBRs under Sec. 38.629 would be subject to
related inspections, audits, and reporting. Grant-funded cemeteries
already are subject to inspections, audits, and reporting under Sec.
39.122 to ensure compliance with regulatory provisions governing the
VCGP; however, VA wants to ensure that grant-funded cemeteries that are
seeking payment for OBRs under Sec. 38.629 are fully advised in
regulation that such requests and payments are subject to inspections,
audits, and reporting.
Accordingly, VA proposes to also revise Sec. 39.122, which governs
inspections, audits, and reports related to the VCGP. VA proposes to
revise paragraph (a) to require a State or Tribal Organization to allow
VA inspectors and auditors to conduct inspections as necessary to
ensure compliance with the provisions of part 39 and with the
provisions of Sec. 38.629 regarding OBRs. This would ensure that grant
recipients are aware that if they seek payment for OBRs in accordance
with Sec. 38.629, they would be subject to inspection, audit, and
reporting requirements related to such payments.
Removing Outdated Provisions
VA proposes to amend Sec. 38.629 to remove outdated retroactive
provisions by removing references to dates in paragraphs (d) and (e).
Current paragraph (d) restricts the monetary allowance to burials where
a privately purchased OBR was used on and after October 9, 1996, and
includes a specific provision for making payment for burials during the
period October 9, 1996, through December 31, 1999. These provisions
were included because the OBR allowance authority took effect on
October 9, 1996, before the regulations were finalized on December 8,
2000. However, those portions of current paragraph (d) are no longer
necessary since the relevant time periods have passed.
Similarly, current paragraphs (e)(1) and (2) each refer to the
timeframe for VA's annual publication in a Federal Register notice of
the OBR reimbursement amount from ``calendar year 2000 and each
calendar year thereafter.'' The references to calendar year 2000 are no
longer necessary, and we propose removing them from the regulation in
redesignated paragraphs (f)(1) and (f)(2). Finally, current paragraph
(e)(3) (or redesignated paragraph (f)(3)) establishes that the amount
of the monetary allowance for calendar year 2000 will be used for
payment of any allowances for interments that occurred during the
period from October 9, 1996, through December 31, 1999. That paragraph
is no longer necessary because the relevant time period has passed.
Because the OBR payments would be calculated annually, VA would only
pay the current amount for qualifying interments for that calendar
year.
Section Title
VA proposes to revise the title of Sec. 38.629 from ``Outer Burial
Receptacle Allowance'' to ``Outer Burial Receptacles'' to reflect the
change in scope of the regulation, which previously only included
provision of an allowance for privately purchased OBRs, but would now
include reimbursement to grant-funded cemeteries for procurement costs
of OBRs.
Clarifying Sec. 39.50
Finally, VA proposes to revise Sec. 39.50 to clarify that VA would
reimburse the cost of pre-placed OBRs separately from the grant award.
Section 39.50 governs the amount of grants awarded under subpart B--
Establishment, Expansion, and Improvement Projects. First, VA proposes
to delete the phrase ``preplaced liners or crypts,'' from Sec.
39.50(b)(2) where it is included as one of the examples of costs that
may be included in the total cost of a project. Since VA is now
authorized to provide OBRs to grant-funded cemeteries, the cost of
those items should not be included in the total cost of the project
when determining the amount of a grant. Second, VA proposes to insert a
new paragraph (e) to clarify that VA would reimburse the cost of
preplaced OBRs separately, in accordance with the new provisions of
Sec. 38.629.
Executive Orders 12866, 13563 and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Modernizing
Regulatory Review) supplements and reaffirms the principles,
structures, and definitions governing contemporary regulatory review
established in Executive Orders 12866 and 13563. The Office of
Information and Regulatory Affairs has determined that this rulemaking
is not a significant regulatory action under Executive Order 12866, as
amended by Executive Order 14094. The Regulatory Impact Analysis
associated with this rulemaking can be found as a supporting document
at <a href="http://www.regulations.gov">www.regulations.gov</a>.
Regulatory Flexibility Act
The Secretary hereby certifies that this proposed rule would 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). The Secretary acknowledges that this rule may affect
some Tribal governments that may be considered small entities; however,
the economic impact would be entirely beneficial. This proposed rule
would impose no mandatory requirements or costs on Tribal governments
as a whole and would only affect those that are recipients of veterans
cemetery grants. To the extent that small entities are affected, the
impact of this proposed rule would be entirely beneficial as it would
provide reimbursement for costs of OBRs associated with casketed
burials in grant-funded cemeteries. Therefore, pursuant to 5 U.S.C.
605(b), the initial and final regulatory flexibility analysis
requirements of 5 U.S.C. 603 and 604 do not apply.
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
State, local, and Tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This proposed rule would have no such
effect on State, local, and Tribal governments, or on the private
sector.
Paperwork Reduction Act
This proposed rule includes provisions constituting a new
collection of information under the Paperwork Reduction Act of 1995 (44
U.S.C. 3501-3521) that require approval by the Office
[[Page 8129]]
of Management and Budget (OMB). Accordingly, under 44 U.S.C. 3507(d),
VA has submitted a copy of this rulemaking action to OMB for review and
approval.
OMB assigns control numbers to collection of information it
approves. VA may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. If OMB does not approve the
collection of information as requested, VA will immediately remove the
provisions containing the collection of information or take such other
action as is directed by OMB.
Comments on the new collection of information contained in this
rulemaking should be submitted through <a href="http://www.regulations.gov">www.regulations.gov</a>. Comments
should be sent within 60 days of publication of this rulemaking. The
collection of information associated with this rulemaking can be viewed
at: <a href="http://www.reginfo.gov/public/do/PRAMain">www.reginfo.gov/public/do/PRAMain</a>.
OMB is required to make a decision concerning the collection of
information contained in this rulemaking between 30 and 60 days after
publication of this rulemaking in the Federal Register. Therefore, a
comment to OMB is best assured of having its full effect if OMB
receives it within 30 days of publication. This does not affect the
deadline for the public to comment on the provisions of this
rulemaking.
The Department considers comments by the public on new collection
of information in--
<bullet> Evaluating whether the new collections of information are
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
<bullet> Evaluating the accuracy of the Department's estimate of
the burden of the new collection of information, including the validity
of the methodology and assumptions used;
<bullet> Enhancing the quality, usefulness, and clarity of the
information to be collected; and
<bullet> Minimizing the burden of the collection of information on
those who are to respond, including through the use of appropriate
automated, electronic, mechanical, or other technological collection
techniques or other forms of information technology, e.g., permitting
electronic submission of responses.
The collection of information associated with this rulemaking
contained in 38 CFR 38.629 is described immediately following this
paragraph.
Title: Request for Payment of Monetary Allowance for Outer Burial
Receptacles.
OMB Control No.: 2900-XXXX.
CFR Provision: 38 CFR 38.629.
<bullet> Summary of collection of information: The new collection
of information in proposed 38 CFR 38.629 would require a State or
Tribal Organization to submit a request for payment of monetary
allowance for OBRs placed at the time of interment, and it would
require individuals to submit a request for payment of monetary
allowance for a privately purchased OBR.
<bullet> Description of need for information and proposed use of
information: The information submitted on the request form would be
necessary to initiate payment of entitlement. The information would
identify the claimant and the amount claimed and would be necessary to
make determinations for payment and for other budget, oversight and
compliance purposes associated with administering this benefit for
burials in State and Tribal Organization veterans cemeteries. In
addition, VCGP would need this data to answer questions that arise
during the course of the year to respond to Congressional
correspondence.
<bullet> Description of likely respondents: Primarily VCGP grantees
that are States and Tribal Organizations. A small number of private
individuals may be respondents.
<bullet> Estimated number of respondents: 110 in FY2024.
<bullet> Estimated frequency of responses: Quarterly for States and
Tribal Organizations that need to request payment of monetary allowance
for burials where OBRs are placed at time of interment. One time
occurrence for any individual who needs to claim monetary allowance for
a privately purchased OBR.
<bullet> Estimated average burden per response:
Estimated Burden Hours
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(x) times (x) times
Estimated Estimated Average = (Equals) Actual number
number of number of minutes per minutes / by 60 = of burden
respondents responses response hours
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Monetary Allowance for Privately Purchased OBR.......... 100 1 15 1,500 25
Monetary Allowance for OBRs Placed at Time of Interment. 10 4 15 600 10
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Accumulative Total.................................. 110 .............. .............. .............. 35
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<bullet> Estimated total annual reporting and recordkeeping burden:
VA estimates the total annual reporting and recordkeeping burden to be
35 burden hours. Based on an estimated number of 100 respondents filing
one-time claims with an average of 15 minutes for the response, and an
estimated number of 10 respondents filing claims quarterly with an
average of 15 minutes for the response, the total annual reporting and
recordkeeping burden is estimated to be 35 hours.
<bullet> Estimated cost to respondents per year: VA estimates the
total annual cost for all respondents to be $1041.60. To estimate the
total information collection burden cost, VA used the Bureau of Labor
Statistics (BLS) mean hourly wage for ``all occupations'' of $29.76 per
hour. This information is available at <a href="https://www.bls.gov/oes/2022/may/oes_nat.htm#00-0000">https://www.bls.gov/oes/2022/may/oes_nat.htm#00-0000</a>. Based on the estimated total annual burden of
35 hours, and using a mean hourly wage of $29.76, VA estimates the
total information collection burden cost to be $1041.60 per year (35
hours x $29.76 per hour).
Assistance Listing
The Assistance Listing numbers and titles for the programs affected
by this document are 64.201, National Cemeteries; 64.203, State
Cemetery Grants; and 64.206, VA Outer Burial Receptacle Allowance.
[[Page 8130]]
List of Subjects in 38 CFR Parts 38 and 39
38 CFR Part 38
Administrative practice and procedure, Cemeteries, Veterans.
38 CFR Part 39
Cemeteries, Grant programs--veterans, Veterans.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, signed and approved
this document on January 30, 2024, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Luvenia Potts,
Regulation Development Coordinator Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, VA proposes to amend 38 CFR
parts 38 and 39 as set forth below:
PART 38--NATIONAL CEMETERIES OF THE DEPARTMENT OF VETERANS AFFAIRS
0
1. The authority citation for part 38 continues to read as follows:
Authority: 38 U.S.C. 107, 501, 512, 531, 2306, 2400, 2402,
2403, 2404, 2407, 2408, 2411, 7105.
0
2. Amend Sec. 38.629 as follows:
0
a. Revise the section heading and paragraphs (b), (c), and (d);
0
b. Revise the paragraph (d) heading;
0
c. Redesignate paragraph (e) as paragraph (f);
0
d. Add new paragraph (e);
0
e. Revise the heading to newly redesignated paragraph (f) and revise
newly redesignated paragraphs (f)(1) introductory text and (f)(2);
0
f. Remove newly redesignated (f)(3); and
0
e. Add paragraphs (g) and (h).
The revisions and additions read as follows:
Sec. 38.629 Outer burial receptacles.
* * * * *
(b) Purpose. (1) This section provides for payment of a monetary
allowance for an outer burial receptacle for any interment with
casketed remains in a VA national cemetery where a privately purchased
outer burial receptacle has been used in lieu of a Government-furnished
graveliner and, for any interment on or after January 5, 2023, in a
cemetery that is the subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408 where a privately purchased outer
burial receptacle has been used.
(2) This section also provides for payment of a monetary allowance
for outer burial receptacles placed at the time of interment, for
burials on or after January 5, 2023, in a cemetery that is the subject
of a grant awarded to a State or Tribal Organization under 38 U.S.C.
2408.
(3) This section also provides for reimbursement of the cost of
pre-placed outer burial receptacles that are installed as part of
construction or expansion of a cemetery that is the subject of a grant
awarded on or after January 5, 2023, to a State or Tribal Organization
under 38 U.S.C. 2408.
(c) Subsequent interments. In burials where a casket already exists
in a grave with or without an outer burial receptacle, subsequent
placement of a second casket in an outer burial receptacle will not be
permitted in the same grave unless the cemetery director determines
that the already interred casket will not be damaged.
(d) Payment of monetary allowance for privately purchased outer
burial receptacles. (1) VA will pay a monetary allowance for each
casket burial in a VA national cemetery where a privately purchased
outer burial receptacle was used in lieu of a Government-furnished
graveliner. Payment will be made to the person identified in records
contained in the National Cemetery Administration (NCA) electronic
ordering system as the person who paid for the outer burial receptacle.
No application is required to receive payment of this monetary
allowance as the payment is processed automatically based on entry in
the system.
(2) VA will pay a monetary allowance for each casket burial in a
cemetery that is the subject of a grant to a State or Tribal
Organization under 38 U.S.C. 2408, where a privately purchased outer
burial receptacle was used on or after January 5, 2023. The person who
paid for the outer burial receptacle must submit a request for payment
of the allowance on the appropriate VA form. The request must be
verified by the cemetery director where the burial occurred.
(e) Payment of monetary allowance for outer burial receptacles
placed at time of interment. (1) VA will pay a monetary allowance for
outer burial receptacles placed at the time of interment for burials on
or after January 5, 2023, in a cemetery that is the subject of a grant
to a State or Tribal Organization under 38 U.S.C. 2408. Such payments
may be issued on a quarterly basis and will be paid to the State Agency
or Tribal Organization.
(2) VA will pay the allowance only if a State or Tribal
Organization submits a request for payment on the appropriate VA form.
Requests may be submitted on a quarterly basis for the total number of
burials that required an outer burial receptacle in that quarter and
for which a fee for the outer burial receptacle was not charged to the
decedent's family or other responsible party. Requests for payment
under this section must be submitted within one year of interment.
(3) No payment may be made for burials where a fee for the outer
burial receptacle was charged to the decedent's family or other
responsible party.
(f) Amount of the monetary allowance. (1) The monetary allowance
will be the average cost, as determined by VA, of Government-furnished
graveliners, less the administrative costs incurred by VA in processing
and paying the allowance.
* * * * *
(2) The amount of the allowance for each calendar year will be
published in the ``Notices'' section of the Federal Register. The
Federal Register notice will also provide, as information, the
determined average cost of Government-furnished graveliners and the
determined amount of the administrative costs to be deducted.
(g) Reimbursement for pre-placed outer burial receptacles. (1) VA
will reimburse the cost of outer burial receptacles that are pre-placed
as part of new construction, expansion, or improvement of a cemetery
that is the subject of a grant to a State or Tribal Organization under
38 U.S.C. 2408 if the grant was awarded on or after January 5, 2023.
The reimbursement will be paid to the State or Tribal Organization or,
if designated by the State or Tribal Organization representative, the
State or Tribal veterans cemetery for which such project is being
carried out, or to any other State or Tribal Organization agency or
instrumentality.
(2) States and Tribal Organizations must submit a request for
reimbursement of the cost of pre-placed outer burial receptacles using
Standard Form 271, Outlay Report and Request for Reimbursement for
Construction Programs, with supporting documentation. The Director of
the Veterans Cemetery Grants Program must review and certify the
request for payment. Funds paid under this section for pre-placed outer
burial receptacles, as part of an approved establishment, expansion,
and improvement project, shall be used solely for payment of such outer
burial receptacles. As a condition
[[Page 8131]]
for payment, the representative of the State or Tribal Organization
must submit to VA an invoice reporting the cost for purchase and
delivery of outer burial receptacles.
(h) Audits. A State or Tribal Organization that seeks reimbursement
for the cost of outer burial receptacles under this section will be
subject to inspections, audits and reports in accordance with Sec.
39.122.
(Authority: 38 U.S.C. 2306(e))
PART 39--AID FOR THE ESTABLISHMENT, EXPANSION, AND IMPROVEMENT, OR
OPERATION AND MAINTENANCE, OF VETERANS CEMETERIES
0
3. The authority citation for part 39 continues to read as follows:
Authority: 38 U.S.C. 101, 501, 2408, 2411, 3765.
0
4. Amend Sec. 39.50 as follows:
0
a. Remove ``preplaced liners or crypts,'' from paragraph (b)(2); and
0
b. Add paragraph (e);
The addition reads as follows:
Sec. 39.50 Amount of grant.
* * * * *
(e) VA will reimburse the cost of preplaced outer burial
receptacles separately in accordance with Sec. 38.629.
* * * * *
0
5. Amend Sec. 39.122 by revising paragraph (a) to read as follows:
Sec. 39.122 Inspections, audits, and reports.
(a) A State or Tribal Organization will allow VA inspectors and
auditors to conduct inspections as necessary to ensure compliance with
the provisions of this part and with provisions of Sec. 38.629
regarding outer burial receptacles. The State or Tribal Organization
will provide to VA evidence that it has met its responsibilities under
the Single Audit Act of 1984.
* * * * *
[FR Doc. 2024-02183 Filed 2-5-24; 8:45 am]
BILLING CODE 8320-01-P
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</html>Indexed from Federal Register on February 6, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.