1. (a) For a State or Tribal Organization to obtain a grant for the establishment, expansion, or improvement of a State or Tribal veterans cemetery:

   1. (1) Its preapplication for the grant must be approved by VA under § 39.31(e);
   2. (2) Its project must be ranked sufficiently high on the priority list in § 39.3 for the applicable fiscal year so that funds are available for the project;
   3. (3) Its plans and specifications for the project must be approved by VA under § 39.32;
   4. (4) The State or Tribal Organization must meet the application requirements in § 39.34; and
   5. (5) Other requirements specified in §§ 39.6, 39.10, and 39.33 must be satisfied.

2. (b) VA may approve under § 39.35 any application under this subpart up to the amount of the grant requested once the requirements under paragraph (a) of this section have been satisfied, provided that sufficient funds are available. In determining whether sufficient funds are available, VA shall consider the project's priority ranking, the total amount of funds available for cemetery grant awards 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.

   (Authority: 38 U.S.C. 501, 2408)

[75 FR 34005, June 16, 2010, as amended at 77 FR 4474, Jan. 30, 2012]