VA Form 40-0895-9: Certification Regarding Lobbying 2026

VA Form 40-0895-9: Certification Regarding Lobbying 2026 – VA Form 40-0895-9, Certification Regarding Lobbying, is a required certification that state, tribal, and eligible county governments must submit when applying for funding through the Department of Veterans Affairs (VA) Veterans Cemetery Grants Program (VCGP). This one-page form helps ensure compliance with federal anti-lobbying laws under Public Law 101-121 and 31 U.S.C. § 1352. It is a material representation of fact that serves as a prerequisite for receiving VA grant funds for veterans cemetery projects.

Whether you are a state veterans affairs director, tribal official, or county government representative preparing a preapplication for cemetery establishment, expansion, improvement, or maintenance, understanding this form is essential for a successful grant submission. Below is a clear, practical guide based on official VA sources.

What Is VA Form 40-0895-9 Certification Regarding Lobbying?

VA Form 40-0895-9 is an official certification form used exclusively in the VA’s State Cemetery Grants Program. It requires the applicant’s authorized certifying official to affirm that:

  • No federal appropriated funds have been or will be paid to influence or attempt to influence federal officials or Members of Congress in connection with the grant award.
  • If non-federal funds are used for lobbying, the applicant will complete and submit Standard Form LLL (Disclosure Form to Report Lobbying).
  • The same certification language will be included in all subawards, subcontracts, and subgrants, and all lower-tier recipients will certify and disclose accordingly.

The form carries an OMB control number of 2900-0559 with an expiration date of October 31, 2026, and an estimated public reporting burden of 15 minutes. The current version is dated September 2023.

Who Must Submit VA Form 40-0895-9?

This form is mandatory for:

  • State governments
  • Federally recognized tribal governments
  • Eligible county governments

applying for VA grants to establish, expand, improve, operate, or maintain veterans cemeteries. Private organizations, cities, or non-governmental entities are not eligible for these grants and do not use this form. The certifying official must have legal authority to bind the government entity (typically a director of veterans affairs, tribal leader, or designated senior official).

When and Where to Submit VA Form 40-0895-9?

VA Form 40-0895-9 is submitted as part of the preapplication package through Grants.gov. Key deadlines include:

  • Preapplication deadline: July 1 of the fiscal year (for projects to be considered in the following federal fiscal year)
  • Full application deadline: July 15 of the same fiscal year (only for projects that pass preapplication review)

Search for the current opportunity using numbers such as VA-NCA-VCGP-2026 (or the equivalent for the upcoming cycle) on Grants.gov. The form is one of several certifications required under 38 CFR Part 39, specifically referenced in § 39.81 for preapplication requirements.

How to Complete VA Form 40-0895-9: Step-by-Step Instructions?

The form is straightforward. Most of the content is pre-printed certification language. You only need to complete a few fields and provide an authorized signature.

  1. Enter the name of the State, Tribal, or Eligible County Government applying for the grant.
  2. Provide the title of the State, Tribal, or Eligible County Government Certifying Official (the person signing the form).
  3. Include the Project FAI (Federal Application Identifier) Number if known from your Grants.gov submission.
  4. Fill in the full name and address of the state, tribal, or county government agency.
  5. Sign and date the form (mm/dd/yyyy format). The signature must come from an official with authority to certify on behalf of the government entity.

Review the three numbered certification statements carefully before signing. By signing, you are making a material representation of fact upon which the VA will rely when awarding the grant.

Legal Requirements, Penalties, and Compliance Obligations

This certification is required by Section 319 of Public Law 101-121. Key legal points include:

  • Submission of the certification is a prerequisite for making or entering into the grant transaction.
  • Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
  • The certification language must flow down to all subawards at every tier (subcontracts, subgrants, and contracts under grants).
  • If lobbying occurs with non-federal funds, Standard Form LLL must be submitted in accordance with its instructions.

Failure to comply can result in denial of the grant, repayment demands, or other enforcement actions.

Related VA Forms Required for Veterans Cemetery Grants

VA Form 40-0895-9 is submitted alongside other certifications. The full preapplication package under 38 CFR § 39.81 typically includes:

  • VA Form 40-0895-2 – Certification of Compliance with Provisions of the Davis-Bacon Act
  • VA Form 40-0895-6 – Certification of State or Tribal Government Matching Architectural and Engineering Funds
  • VA Form 40-0895-7 – Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions)
  • VA Form 40-0895-8 – Certification Regarding Drug-Free Workplace Requirements
  • VA Form 40-0895-10 – Certification of Compliance with Federal Requirements (State or Tribal Government Construction Grant)
  • VA Form 40-0895-15 – Certification of Cemetery Maintained in Accordance with National Cemetery Administration Standards
  • SF-424, SF-424C, and SF-424D (standard federal assistance forms)
  • VA Form 40-0895-14 – Checklist of Major Requirements (helpful reference)

Download the complete editable set of Veterans Cemetery Grants Forms from the current Grants.gov opportunity package.

Download VA Form 40-0895-9 (Official PDF)

Always use the most current official version directly from VA.gov to ensure compliance.

Download VA Form 40-0895-9: Certification Regarding Lobbying (PDF)

You can also access the form through the official VA forms library or the current Grants.gov Veterans Cemetery Grants opportunity package.

Best Practices and Compliance Tips for Successful Submissions

  • Use the September 2023 version of the form (check the footer).
  • Ensure the certifying official has documented legal authority to bind the state, tribe, or county.
  • Submit the form as part of a complete preapplication package — incomplete submissions are returned.
  • Do not submit multiple versions of the same preapplication on Grants.gov; email revisions to [email protected] after coordination.
  • Keep copies of the signed form and all supporting documentation for your records and future audits.
  • Confirm that the same anti-lobbying language is included in all contracts and subawards related to the project.

What Happens After You Submit VA Form 40-0895-9?

VA reviews preapplications for completeness and conformity with 38 CFR Part 39. Projects that meet requirements are ranked on a priority list. Approved projects receive further instructions for the full application due July 15. Grant awards are made via Memorandum of Agreement. After award, you must comply with post-grant reporting, including use of VA Form 40-0895-13 for closeout certifications.

Frequently Asked Questions About VA Form 40-0895-9

Is this form only for new cemetery construction?
No. It is required for any grant-funded activity, including expansion, improvement, operation, or maintenance of existing veterans cemeteries.

Can the form be signed electronically?
Follow the instructions in the current Grants.gov opportunity package. Most submissions are electronic, and digital signatures are generally accepted when properly authorized.

What if our project involves subcontractors?
You must include the certification language in all subaward documents and obtain certifications from lower-tier recipients.

Where can I get help with my preapplication?
Contact the Veterans Cemetery Grants Program at [email protected] or call MyVA411 at 800-698-2411. Do not send applications to the OIRA address listed on the form for burden comments.

Official Resources and Further Reading

These trusted, current sources provide the foundation for this guide:

Always verify the latest opportunity details and form version directly on Grants.gov and VA.gov before submitting, as requirements and deadlines can be updated annually.

This guide is designed to help U.S. state, tribal, and county government applicants navigate VA Form 40-0895-9 confidently and submit compliant preapplications for veterans cemetery funding. For project-specific questions, reach out directly to the Veterans Cemetery Grants Program team.