the review process and a normal 45 day review period will be afforded, on an after the fact basis; (3) CSA's approval of the State Funding Plan will be conditional, in that the State plan may be subject to possible subsequent revision to accommodate any appropriate recommendations for its modification as provided by clearinghouses in the A-95 review process. The State operating agency will be instructed to make every effort to accommodate such recommendations and will provide appropriate clearinghouses with a statement as to its final judgment on each recommendation. As a result of this requirement CSA must require that any revisions made to the State Funding Plan be submitted to the appropriate CSA Regional Office for approval; (4) CSA will provide State and appropriate areawide clearinghouses, via Standard Form 424, with an information copy of the "block" grant award to the State agency receiving the funds; (5) In addition the State agency will provide, for each "sub-state" project grant award, information to the State and appropriate areawide clearinghouses as to the amount of monies awarded, to whom, and the purpose of each award. For these sub-state award notifications the use of Standard Form 424 is encouraged but is not mandatory. (d) If a state fails to submit a State Funding Plan within 15 calendar days of the effective date of these regulations or if a submitted plan is not acceptable for approval, CSA may develop and implement a plan for the state. § 1061.70-12 General funding policies. (a) Matching Share. A matching share is not required for this program. However, states and local program operators are encouraged to mobilize additional resources to supplement and support this program. (b) Maintenance of Effort. Resources for similar services scheduled to be provided this heating season under state and local authorities shall not be reduced because of this program nor shall this program be used as a substitute for such services. The Director of CSA may make exceptions only in those situations where a strict application of this requirement would result in unnecessary hardship or be inconsistent with the purposes of the Energy Crisis Assistance Program. (c) Administrative Costs. The grantee of record may expend up to 10% of the total state grant for administrative and program support costs. Where the grantee has contracted out performance of all or part of the work program, such as outreach, grantee must provide a reasonable portion of these administrative funds to those program operators to enable them to administer the program. (d) Overexpenditures. If the grantee of record incurs expenditures in excess of the total amount of the approved grant, the amount of the overexpenditure must be absorbed by the grantee of record. (e) Procurement. In accordance with OMB Circulars A-110 and A-102 all proposed sole source contracts where only one bid or proposal is received in which the aggregate expenditure is expected to exceed $5,000 must receive prior approval by the appropriate CSA Regional Office. § 1061.70-13 Post-funding requirements. (a) Audit. The grantee of record will not be required to have a separate audit of this program. The program including its contracted-out components will be audited at the time of the grantee of record's regularly scheduled audit. Five copies of the audit shall be submitted by the auditor to the appropriate CSA Regional Auditor concurrent with submission to the grantee of record. (b) Project Reporting. The grantee of record is required to submit a Project Progress Review Report, CSA Form 440 on a quarterly basis to cover activities performed in this program. Grantees will also submit bi-weekly, until January 30, 1980 the following information in addition to the other reporting requirements: total number of households assisted, total number of individuals assisted, total number of elderly-headed households assisted, total dollars obligated for heating/fuel bills, total dollars obligated for other purposes. (c) Financial Reporting. The grantee of record must submit a separate Standard Form 269, Financial Status Report, and a Standard Form 272, Federal Cash Transactions Report, covering activities for this program on a quarterly basis with a final report due 90 days after the end of the program. The grantee of record shall follow these procedures for submission of the Standard Form 269 and the Standard Form 272: One copy of each to the appropriate CSA Regional Office, one copy of each to Grants Accounting Branch, Finance and Grants Management Division, CSA Headquarters, 1200 19th Street, N.W., Washington, D.C. 20506, and one copy of each to Energy Crisis Assistance Task Force, 2000 K Street, N.W., Suite 350, Washington, D.C. 20006. (d) Evaluation. In the event that CSA undertakes a national evaluation of this program, the cooperation of the grantee of record, the local program operators, and that of participating utility/fuel vendors will be requested. (e) Prohibition against transfer to another grant. Funds unobligated at the termination of the grant cannot be transferred by the grantee of record to another grant. [44 FR 58876, Oct 11, 1979; 45 FR 8303, Feb. 7, 1980] § 1061.70-14 CSA application review and approval process. (a) CSA Regional Directors are delegated the authority for final approval of grants under this program. (b) Based on a uniform review process, Regional Directors will determine the adequacy of State Funding Plans. (c) Once a plan has been approved by the Regional Director, Regional Offices will expedite the processing and forward the Statement of CSA Grant (CSA Form 314) to the grantee of record chosen by the Governor. Upon receiving the CSA Form 314, the grantee of record must sign it and return it to the CSA Regional Office. (d) A state may amend its State Funding Plan only with the prior approval of the appropriate CSA Regional Director. (e) When a state deviates from its approved state plan, without CSA ap proval, upon investigation, CSA will take appropriate action. § 1061.70-15 Coordination with utility/ fuel vendors. The Governor must ensure that in each case where payment is certified that: (a) Reconnection of utilities and/or delivery of fuel is made upon certification for payment; (b) For any remaining balances, the customer is offered a deferred payment arrangement or a level payment plan; (c) A reconnection charge is paid only where such a charge was company practice prior to September 1, 1979; and (d) No security deposit is required to be paid except where such a deposit was required by state law or explicit state regulations prior to September 1, 1979 and, where required by law or regulation is included in a deferred payment arrangement. § 1061.70-16 State Funding Plans. The Governor will submit a State Funding Plan to the appropriate CSA Regional Office. The State Funding Plan will include the following: (a) A letter from the Governor waiving the 30-day comment period and a request for a specific amount of funds. (b) The following elements as described in this subpart: (1) State Administering Agency. (2) Local Administering Agency(ies). (3) Timetable for Implementation. (4) Outreach Activities. (5) Elderly Priority. (6) Renters. (7) Program Guidelines. (8) Appeals Process. (c) Information on the following: (1) A plan for monitoring to ensure immediate investigation, and, if warranted, redress in cases of poor administration of the program, faulty and/ or inadequate eligibility certification, duplication and fraud. (2) A summary of administrative costs and the activities to be performed. (3) A list of the areas to be served by the program, the distribution of funds by area, and the specific factors used in making the allocation. (4) A plan for providing management and fiscal technical assistance to the local administering agencies. APPENDIX A-CSA REGIONAL OFFICE ADDRESSES Mr. Ivan Ashley, Regional Director, CSA Region I, E-400, John F. Kennedy Fed. Bldg., Boston, Massachusetts 02203, Phone: (617) 223-4080/FTS-8-223-4080, Boston: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. Mr. N. Dean Morgan, Regional Director, CSA Region X, 1321 Second Avenue, Seattle, Washington 98101, Phone: (206) 4424910/FTS-8-399-4910, Seattle: Alaska, Idaho, Oregon, Washington. 1 2 .3. New 4. 5 Mr. John C. Finley, Acting Regional Director, CSA Region II, 26 Federal Plaza, 32nd Floor, New York, New York 10007, Phone: (212) 264-1900/FTS-8-264-1900, York: New Jersey, New York, Puerto Rico, Virgin Islands. Dr. W. Astor Kirk, Regional Director, CSA Region III, Old U.S. Courthouse, P.O. Box 160, 9th and Market Streets, Philadelphia, Pennsylvania 19105, Phone: (215) 5971139/FTS-8-597-1139, Philadelphia: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. Mr. William "Sonny" Walker, Regional Director, CSA Region IV, 101 Marietta Street NW., Atlanta, Georgia 30303, Phone: (404) 221-2717/FTS-8-242-2717, Atlanta: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. Mr. Glenwood Johnson, Regional Director, CSA Region V, 300 South Wacker Drive, 24th Floor, Chicago, Illinois 60606, Phone: (312) 353-5562/FTS-8-353-5562, Chicago: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. Mr. Ben T. Haney, Regional Director, CSA 6 APPENDIX C OFFICE OF ECONOMIC OPPORTUNITY Community Action Program Assurance of Compliance with the Office of (Name of Applicant or Delegate Agency) (hereinafter called the "Applicant'') AGREES THAT it will comply with title VI of the Civil Rights Act of 1964 (P.L. 88-352) and the Regulations of the Office of Economic Opportunity issued pursuant to that title (45 C.F.R. Part 1010), to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from partici pation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Applicant receives Federal financial assistance either directly or indirectly from the Office of Economic Opportunity; and HEREBY GIVES ASSURANCE THAT it will immediately, in all phases and levels of programs and activities, install an affirmative action program to achieve equal opportunities for partici pation, with provisions for effective periodic self-evaluation. In the case where the Federal financial assistance is to provide or improve or is in the form of personal property, or real property or interest therein or structures thereon, the assurance shall obligate the Applicant, or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services and benefits, or for as long as the Applicant retains ownership or possession of the property, whichever is longer. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal financial assistance is extended to it. THIS ASSURANCE is given in consideration of and for the purpose of obtaining either directly or indirectly any and all Federal grants, loans, contracts, property, or discounts, the referral or assignment of VISTA volunteers, or other Federal financial assistance extended after the date hereof to the Applicant by the Office of Economic Opportunity, including installment payments after such date on account of applications for Federal financial assistance which were approved before such date. The Applicant recognizes and agrees that such Federal financial assistance will be extended in reliance on the representations and agreements made in this assurance, and that the United States shall have the right to seek judicial enforcement of this assurance. This assurance is binding on the Applicant, its successors, transferees, and assignees, and the person or persons whose signatures appear below are authorized to sign this assurance on behalf of the Applicant. CERTIFICATE OF APPLICANT'S ATTORNEY APPENDIX D (For Health Demonstration Programs under Section 222, Research and Pilot Programs under Form Approved This certificate is required when applying for a new grant; or upon CSA's request, for the continuation of an existing grant. 2. IS THE APPLICANT AN INSTITUTION OF HIGHER EDUCATION AS DEFINED IN SECTION 401 (F) OF THE HIGHER EDUCATION ACT 4. S. 6. A PUBLIC AGENCY AN ORGANIZATION CHARTERED AS A NONPROFIT CORPORATION UNDER THE LAWS OF THE STATE OF A NONPROFIT UNINCORPORATED ASSOCIATION. OTHER (Explain in Item 6, below.) IF THE APPLICANT IS A NON PROFIT ORGANIZATION, INDICATE WHETHER IT HOLDS A CURRENT RULING FROM THE INTERNAL B. HAS ANY OFFICIAL OF THE INTERNAL REVENUE SERVICE INDICATED THAT THE APPLICANT MAY NOT QUALIFY FOR In my opinion, the above information accurately describes the applicant agency, and that agency has the authority, under applicable principles of law, to carry out the program described in this application. |