Veterans Legacy Grants Program Improvements, 107001-107003 [2024-31230]
Download as PDF
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations
khammond on DSK9W7S144PROD with RULES
This document corrects a technical error
in the regulations. This document does
not contain any substantive changes to
the regulations.
DATES: Effective December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Bruce Honer, U.S. Department of
Education, 400 Maryland Avenue SW,
5th Floor, Washington, DC 20202.
Telephone: (202) 987–0750. Email:
Bruce.Honer@ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION: On July
10, 2023, the Department published in
the Federal Register a final rule
amending regulations related to incomedriven repayment (88 FR 43820). Those
final regulations contained a technical
error, which we are correcting.
Specifically, with respect to 34 CFR
685.209(k)(6)(i), we indicated in the
preamble to the final rule in a response
to public comment that we were
modifying the regulations to exclude
periods in which a borrower is in an inschool deferment from counting toward
the borrower’s time to forgiveness, and
we explained our reasons for doing so,
see, e.g., 88 FR 43855, but we
inadvertently omitted that change in the
regulatory text. This notice corrects that
inadvertent omission.
Waiver of Proposed Rulemaking,
Negotiated Rulemaking, and Delayed
Effective Date
In accordance with the
Administrative Procedure Act (APA), 5
U.S.C. 553, the Department generally
offers interested parties the opportunity
to comment on proposed regulations.
However, the APA provides that an
agency is not required to conduct
notice-and-comment rulemaking when
the agency, for good cause, finds that
notice and public comment thereon are
impracticable, unnecessary, or contrary
to the public interest (5 U.S.C. 553(b)).
There is good cause to waive
rulemaking here as unnecessary.
Rulemaking is ‘‘unnecessary’’ in those
situations in which ‘‘the administrative
rule is a routine determination,
insignificant in nature and impact, and
inconsequential to the industry and to
the public.’’ Utility Solid Waste
Activities Group v. EPA, 236 F.3d 749,
755 (D.C. Cir. 2001), quoting U.S.
Department of Justice, Attorney
General’s Manual on the Administrative
Procedure Act 31 (1947) and South
Carolina v. Block, 558 F. Supp. 1004,
1016 (D.S.C. 1983). The regulatory
change in this document is necessary to
properly and accurately reflect the
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15:56 Dec 30, 2024
Jkt 265001
outcome of the rulemaking process, by
correcting a technical error: regulatory
text that was proposed and explained
but inadvertently was omitted from the
final regulatory text. It reflects the
substantive rule stated in the preamble,
which was the product of the notice and
comment process and does not establish
any new substantive rule. Therefore, the
Department has determined that
publication of a proposed rule is
unnecessary under 5 U.S.C. 553(b).
In addition, under section 492 of the
Higher Education Act of 1965, as
amended (HEA) (20 U.S.C. 1098a), all
regulations proposed by the Department
for programs authorized under title IV of
the HEA are subject to negotiated
rulemaking requirements. Section
492(b)(2) of the HEA provides that
negotiated rulemaking may be waived
for good cause when doing so would be
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ There is likewise
good cause to waive the negotiated
rulemaking requirement in this case,
since, as explained above, notice and
comment rulemaking is unnecessary
and has already been conducted.
The APA generally requires that
regulations be published at least 30 days
before their effective date, unless the
agency has good cause to implement its
regulations sooner (5 U.S.C. 553(d)(3)).
As previously stated, because the
regulatory change corrects an error,
there is good cause to waive the delayed
effective date in the APA and make the
correction effective as of the date of
publication.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF, you must
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
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107001
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
List of Subjects in 34 CFR Part 685
Administrative practice and
procedure; Colleges and universities;
Education; Loan programs—education;
Reporting and recordkeeping
requirements; Student aid; Vocational
education.
Nasser Paydar,
Assistant Secretary, Office of Postsecondary
Education.
Accordingly, the Secretary corrects 34
CFR part 685 by making the following
correcting amendment:
PART 685—WILLIAM D. FORD
FEDERAL DIRECT LOAN PROGRAM
1. The authority citation for part 685
continues to read as follows:
■
Authority: 20 U.S.C. 1070g, 1087a, et seq.,
unless otherwise noted.
2. Section 685.209 is amended by
revising paragraph (k)(6)(i) to read as
follows:
■
685.209
Income-driven repayment plans.
*
*
*
*
*
(k) * * *
(6) * * *
(i) A borrower may obtain credit
toward forgiveness as defined in
paragraph (k) of this section for any
months in which a borrower was in a
deferment or forbearance not listed in
paragraph (k)(4)(iv) of this section, other
than periods in an in-school deferment,
by making an additional payment equal
to or greater than their current IDR
payment, including a payment of $0, for
a deferment or forbearance that ended
within 3 years of the additional
repayment date and occurred after July
1, 2024.
*
*
*
*
*
[FR Doc. 2024–31217 Filed 12–30–24; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 38
RIN 2900–AS13
Veterans Legacy Grants Program
Improvements
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) amends its Veterans Legacy
Grants Program (VLGP) regulations to
SUMMARY:
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31DER1
107002
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations
khammond on DSK9W7S144PROD with RULES
align them with regulatory updates to
the uniform administrative
requirements and other requirements for
Federal awards and makes additional
revisions to improve the process for
administration of the grant program.
This rulemaking implements
housekeeping amendments to key terms,
legal citations, and definitions and
extends timelines for grant recipient
reporting requirements.
DATES: This rule is effective January 30,
2025.
FOR FURTHER INFORMATION CONTACT: John
Williams, Senior Grants Management
Specialist, Veterans Legacy Grants
Program, National Cemetery
Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW,
Washington, DC 20420. Telephone:
(314) 348–4073 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION: On August
12, 2024, VA published a proposed rule
in the Federal Register (89 FR 65572)
that would align VLGP regulations with
regulatory updates to the uniform
requirements for Federal awards in 2
CFR part 200 and make additional
revisions to improve the process for
administration of the grant program.
The public comment period ended on
October 11, 2024, and VA received 1
comment in response to the proposed
rule.
The commenter expressed support for
the VLGP and noted that the updates to
the regulations would ensure clarity and
compliance, provide grant recipients
with additional flexibility to meet
reporting requirements, and improve the
program’s overall effectiveness. VA
appreciates the commenter’s support
and feedback. VA makes no changes to
the rulemaking based on this comment.
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 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
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Jkt 265001
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). 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
www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule will 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). Amendments in the
final rule will likely not be
determinative of whether small entities
receive or do not receive a grant because
they will have limited impact on small
entities complying with grant
application and reporting requirements.
In addition to some technical revisions
to the VLGP regulations, this rule will
merely align those regulations to
updates to the uniform administrative
requirements and other requirements for
Federal awards (2 CFR part 200).
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 final rule will have no
such effect on State, local, and Tribal
governments, or on the private sector.
Paperwork Reduction Act
Although this final rule contains
collection of information under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501–3521), there
are no provisions associated with this
rulemaking constituting any new
collection of information or any
revisions to the existing collection of
information. The collections of
information for 38 CFR 38.730 are
currently approved by the Office of
Management and Budget (OMB) and
have been assigned OMB control
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numbers 4040–0004, 4040–0006, 4040–
0007, and 4040–0013.
Assistance Listing
The Assistance Listing number and
title for the program affected by this
document are 64.204, Veterans Legacy
Grants Program.
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, signed and approved
this document on December 20, 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.
List of Subjects in 38 CFR Part 38
Administrative practice and
procedure, Cemeteries, Claims, Crime,
Grants programs—veterans, Veterans.
Michael P. Shores,
Director, Office of Regulation Policy &
Management, Office of General Counsel,
Department of Veterans Affairs.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR part 38 as set
forth below:
PART 38—NATIONAL CEMETERIES
OF THE DEPARTMENT OF VETERANS
AFFAIRS
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.
2. Amend § 38.715 by:
a., Removing ‘‘Notice of Funding
Availability (NOFA)’’ and adding in its
place ‘‘Notice of Funding Opportunity
(NOFO)’’ in the introductory text;
■ b. Removing ‘‘NOFA’’ and adding in
each place ‘‘NOFO’’ in paragraphs (a)
and (c)(3) and the paragraph (k)
heading; and
■ c. Revising paragraphs (j) and (k) and
the authority citation at the end of the
section.
The revisions read as follows:
■
■
§ 38.715
Definitions.
*
*
*
*
*
(j) Recipient means an eligible
recipient (or entity) that is awarded a
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31DER1
Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations
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 OMBdesignated government-wide website
Grants.gov (https://www.grants.gov) in
accordance with § 38.725 and 2 CFR
200.1 and 200.204.
(Authority: 38 U.S.C. 501(d), 2400 note, 2
CFR 200.1 and 200.204))
§ 38.720
[Amended]
3. Amend § 38.720 by:
b. Removing ‘‘NOFA’’ and adding in
its place ‘‘NOFO’’ in paragraph (b);
■ b. Removing ‘‘grantee’’ and adding in
its place ‘‘recipient’’ in paragraphs (b),
(c), and (e);
■ c. Removing ‘‘grantee’s’’ and adding
in its place ‘‘recipient’s’’ in paragraph
(c); and
■ d. Removing ‘‘NOFA’’ and adding in
its place ‘‘NOFO’’ in paragraph (e).
■ 4. Amend § 38.725 by:
■ a. Revising the section heading and
introductory text; and
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.204’’ in
the authority citation at the end of the
section.
The revisions read as follows:
■
■
When funds are available for VLGP
grants, VA will publish a NOFO at
Grants.gov (https://www.grants.gov). The
NOFO will identify:
*
*
*
*
*
■ 5. Amend § 38.730 by:
■ a. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’;
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.208’’ in
the authority citation at the end of the
section; and
■ c. Adding a parenthetical OMB
reference to the end of the section.
The addition reads as follows:
khammond on DSK9W7S144PROD with RULES
*
*
Applications.
*
*
*
(The Office of Management and Budget has
approved the information collection
provisions in this section under control
numbers 4040–0004, 4040–0006, 4040–0007,
and 4040–0013).
6. Amend § 38.735 by:
a. Revising paragraphs (a) and (b); and
b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.206’’ in
the authority citation at the end of the
section.
The revisions read as follows:
■
■
■
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15:56 Dec 30, 2024
Jkt 265001
(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.
*
*
*
*
*
§ 38.740
[Amended]
7. Amend § 38.740 by:
a. Removing ‘‘NOFA’’ each place it
appears and adding in each place
‘‘NOFO’’; and
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.205’’ in
the authority citation at the end of the
section.
■
■
§ 38.745
[Amended]
8. Amend § 38.745 in the authority
citation by removing ‘‘2 CFR 200.203’’
and adding in its place ‘‘2 CFR
200.211’’.
■
§ 38.750
[Amended]
9. Amend § 38.750 in the authority
citation by removing ‘‘2 CFR 200.203’’
and adding in its place ‘‘2 CFR
200.204’’.
■
§ 38.725 Notice of Funding Opportunity
(NOFO).
§ 38.730
§ 38.735 Additional factors for deciding
applications.
§ 38.755
[Amended]
10. Amend § 38.755 by:
a. Removing ‘‘grantee’’ and adding in
its place ‘‘recipient’’ in the first sentence
of the introductory text; and
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.211’’ in
the authority citation at the end of the
section.
■ 11. Amend § 38.760 by:
■ a. Revising paragraph (a);
■ b. Removing ‘‘NOFA’’ and adding in
its place ‘‘NOFO’’ in paragraph (b); and
■ c. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.305’’ in
the authority citation at the end of the
section.
The revision reads as follows:
■
■
§ 38.760
Payments under the grant.
(a) Manner of payment. Recipients are
to be paid in accordance with 2 CFR
200.305.
*
*
*
*
*
■ 12. Amend § 38.765 by:
■ a. Revising the section heading and
paragraph (a); and
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.344’’ in
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107003
the authority citation at the end of the
section.
The revisions read as follows:
§ 38.765
Recipient reporting requirements.
(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.
*
*
*
*
*
■ 13. Amend § 38.770 by:
■ a. Removing ‘‘grantee’’ each place it
appears and adding in each place
‘‘recipient’’; and
■ b. Revising the authority citation at
the end of the section.
The revision reads as follows:
§ 38.770
*
Recovery of funds by VA.
*
*
*
*
(Authority: 38 U.S.C. 501(d), 2400 note, 2
CFR 200.339 and 200.410)
§ 38.775
[Amended]
14. Amend § 38.775 by:
a. Removing ‘‘grantee’’ each place it
appears and adding in each place
‘‘recipient’’; and
■ b. Removing ‘‘2 CFR 200.203’’ and
adding in its place ‘‘2 CFR 200.329’’ in
the authority citation at the end of the
section.
■
■
§ 38.780
[Amended]
15. Amend § 38.780 by:
a. Removing ‘‘grantees’’ and
‘‘Grantees’’ and adding in their places
‘‘recipients’’ and ‘‘Recipients’’,
respectively, in paragraph (b); and
■ b. Removing ‘‘2 CFR 200.400–
200.475’’ and adding in each place ‘‘2
CFR 200.400–200.476’’.
■ 16. Revise § 38.785 to read as follows:
■
■
§ 38.785
Record retention and access.
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.
(Authority: 38 U.S.C. 501(d), 2400 note, and
2 CFR 200.334–200.338)
[FR Doc. 2024–31230 Filed 12–30–24; 8:45 am]
BILLING CODE 8320–01–P
POSTAL SERVICE
39 CFR Part 111
Labeling List Updates
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service is
amending Mailing Standards of the
SUMMARY:
E:\FR\FM\31DER1.SGM
31DER1
Agencies
[Federal Register Volume 89, Number 250 (Tuesday, December 31, 2024)]
[Rules and Regulations]
[Pages 107001-107003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31230]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Part 38
RIN 2900-AS13
Veterans Legacy Grants Program Improvements
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) amends its Veterans
Legacy Grants Program (VLGP) regulations to
[[Page 107002]]
align them with regulatory updates to the uniform administrative
requirements and other requirements for Federal awards and makes
additional revisions to improve the process for administration of the
grant program. This rulemaking implements housekeeping amendments to
key terms, legal citations, and definitions and extends timelines for
grant recipient reporting requirements.
DATES: This rule is effective January 30, 2025.
FOR FURTHER INFORMATION CONTACT: John Williams, Senior Grants
Management Specialist, Veterans Legacy Grants Program, National
Cemetery Administration, Department of Veterans Affairs, 810 Vermont
Avenue NW, Washington, DC 20420. Telephone: (314) 348-4073 (this is not
a toll-free number).
SUPPLEMENTARY INFORMATION: On August 12, 2024, VA published a proposed
rule in the Federal Register (89 FR 65572) that would align VLGP
regulations with regulatory updates to the uniform requirements for
Federal awards in 2 CFR part 200 and make additional revisions to
improve the process for administration of the grant program. The public
comment period ended on October 11, 2024, and VA received 1 comment in
response to the proposed rule.
The commenter expressed support for the VLGP and noted that the
updates to the regulations would ensure clarity and compliance, provide
grant recipients with additional flexibility to meet reporting
requirements, and improve the program's overall effectiveness. VA
appreciates the commenter's support and feedback. VA makes no changes
to the rulemaking based on this comment.
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 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). 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 www.regulations.gov.
Regulatory Flexibility Act
The Secretary hereby certifies that this final rule will 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). Amendments in the final rule will likely not be determinative of
whether small entities receive or do not receive a grant because they
will have limited impact on small entities complying with grant
application and reporting requirements. In addition to some technical
revisions to the VLGP regulations, this rule will merely align those
regulations to updates to the uniform administrative requirements and
other requirements for Federal awards (2 CFR part 200). 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 final rule will have no such effect on
State, local, and Tribal governments, or on the private sector.
Paperwork Reduction Act
Although this final rule contains collection of information under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521), there are no provisions associated with this rulemaking
constituting any new collection of information or any revisions to the
existing collection of information. The collections of information for
38 CFR 38.730 are currently approved by the Office of Management and
Budget (OMB) and have been assigned OMB control numbers 4040-0004,
4040-0006, 4040-0007, and 4040-0013.
Assistance Listing
The Assistance Listing number and title for the program affected by
this document are 64.204, Veterans Legacy Grants Program.
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, signed and approved
this document on December 20, 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.
List of Subjects in 38 CFR Part 38
Administrative practice and procedure, Cemeteries, Claims, Crime,
Grants programs--veterans, Veterans.
Michael P. Shores,
Director, Office of Regulation Policy & Management, Office of General
Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR part 38 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. 38.715 by:
0
a., Removing ``Notice of Funding Availability (NOFA)'' and adding in
its place ``Notice of Funding Opportunity (NOFO)'' in the introductory
text;
0
b. Removing ``NOFA'' and adding in each place ``NOFO'' in paragraphs
(a) and (c)(3) and the paragraph (k) heading; and
0
c. Revising paragraphs (j) and (k) and the authority citation at the
end of the section.
The revisions read as follows:
Sec. 38.715 Definitions.
* * * * *
(j) Recipient means an eligible recipient (or entity) that is
awarded a
[[Page 107003]]
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
(https://www.grants.gov) in accordance with Sec. 38.725 and 2 CFR 200.1
and 200.204.
(Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.1 and 200.204))
Sec. 38.720 [Amended]
0
3. Amend Sec. 38.720 by:
0
b. Removing ``NOFA'' and adding in its place ``NOFO'' in paragraph (b);
0
b. Removing ``grantee'' and adding in its place ``recipient'' in
paragraphs (b), (c), and (e);
0
c. Removing ``grantee's'' and adding in its place ``recipient's'' in
paragraph (c); and
0
d. Removing ``NOFA'' and adding in its place ``NOFO'' in paragraph (e).
0
4. Amend Sec. 38.725 by:
0
a. Revising the section heading and introductory text; and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.204''
in the authority citation at the end of the section.
The revisions read as follows:
Sec. 38.725 Notice of Funding Opportunity (NOFO).
When funds are available for VLGP grants, VA will publish a NOFO at
Grants.gov (https://www.grants.gov). The NOFO will identify:
* * * * *
0
5. Amend Sec. 38.730 by:
0
a. Removing ``NOFA'' each place it appears and adding in each place
``NOFO'';
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.208''
in the authority citation at the end of the section; and
0
c. Adding a parenthetical OMB reference to the end of the section.
The addition reads as follows:
Sec. 38.730 Applications.
* * * * *
(The Office of Management and Budget has approved the information
collection provisions in this section under control numbers 4040-
0004, 4040-0006, 4040-0007, and 4040-0013).
0
6. Amend Sec. 38.735 by:
0
a. Revising paragraphs (a) and (b); and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.206''
in the authority citation at the end of the section.
The revisions read as follows:
Sec. 38.735 Additional factors for deciding applications.
(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.
* * * * *
Sec. 38.740 [Amended]
0
7. Amend Sec. 38.740 by:
0
a. Removing ``NOFA'' each place it appears and adding in each place
``NOFO''; and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.205''
in the authority citation at the end of the section.
Sec. 38.745 [Amended]
0
8. Amend Sec. 38.745 in the authority citation by removing ``2 CFR
200.203'' and adding in its place ``2 CFR 200.211''.
Sec. 38.750 [Amended]
0
9. Amend Sec. 38.750 in the authority citation by removing ``2 CFR
200.203'' and adding in its place ``2 CFR 200.204''.
Sec. 38.755 [Amended]
0
10. Amend Sec. 38.755 by:
0
a. Removing ``grantee'' and adding in its place ``recipient'' in the
first sentence of the introductory text; and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.211''
in the authority citation at the end of the section.
0
11. Amend Sec. 38.760 by:
0
a. Revising paragraph (a);
0
b. Removing ``NOFA'' and adding in its place ``NOFO'' in paragraph (b);
and
0
c. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.305''
in the authority citation at the end of the section.
The revision reads as follows:
Sec. 38.760 Payments under the grant.
(a) Manner of payment. Recipients are to be paid in accordance with
2 CFR 200.305.
* * * * *
0
12. Amend Sec. 38.765 by:
0
a. Revising the section heading and paragraph (a); and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.344''
in the authority citation at the end of the section.
The revisions read as follows:
Sec. 38.765 Recipient reporting requirements.
(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.
* * * * *
0
13. Amend Sec. 38.770 by:
0
a. Removing ``grantee'' each place it appears and adding in each place
``recipient''; and
0
b. Revising the authority citation at the end of the section.
The revision reads as follows:
Sec. 38.770 Recovery of funds by VA.
* * * * *
(Authority: 38 U.S.C. 501(d), 2400 note, 2 CFR 200.339 and 200.410)
Sec. 38.775 [Amended]
0
14. Amend Sec. 38.775 by:
0
a. Removing ``grantee'' each place it appears and adding in each place
``recipient''; and
0
b. Removing ``2 CFR 200.203'' and adding in its place ``2 CFR 200.329''
in the authority citation at the end of the section.
Sec. 38.780 [Amended]
0
15. Amend Sec. 38.780 by:
0
a. Removing ``grantees'' and ``Grantees'' and adding in their places
``recipients'' and ``Recipients'', respectively, in paragraph (b); and
0
b. Removing ``2 CFR 200.400-200.475'' and adding in each place ``2 CFR
200.400-200.476''.
0
16. Revise Sec. 38.785 to read as follows:
Sec. 38.785 Record retention and access.
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.
(Authority: 38 U.S.C. 501(d), 2400 note, and 2 CFR 200.334-200.338)
[FR Doc. 2024-31230 Filed 12-30-24; 8:45 am]
BILLING CODE 8320-01-P