Subpart 1061.90-State Agency Assistance Funded Under Section 231 of the Economic Opportunity Act

AUTHORITY: Sec. 602, 78 Stat. 530; 42 U.S.C. 2942.

SOURCE: 45 FR 74929, Nov. 13, 1980, unless otherwise noted.

§ 1061.90-1 Applicability.

This subpart is applicable to grants, contracts, and cooperative agreements funded under Section 231 of the Economic Opportunity Act of 1964, as amended, when the assistance is administered by the Community Services Administration.

§ 1061.90-2 Purpose.

The purpose of this subpart is to provide to State Governors criteria by which they may choose a State agency as the agency eligible to apply to the Community Services Administration for funds under Section 231 of the Economic Opportunity Act of 1964, as amended (EOA). This subpart also details the goals which are to be addressed with funds provided under Section 231; pre-funding requirements; the application process; and post-funding requirements.

§ 1061.90-3 Timeframe for implementation of rule.

The provisions of this rule are applicable to any agency funded after [30 days following publication in the FEDERAL REGISTER]. For existing grantees the provisions of this rule will be effective for awards made on or after July 1, 1981. However, earlier implementation is permitted by mutual agreement between the Governor and the CSA Regional Office which funds and administers the grant.

program under the policies in this subpart until the Governor notifies CSA of his or her selection of a successor agency. State agencies receiving Section 231 funds as of [30 days following publication in the FEDERAL REGISTER] will continue to be recognized by CSA as the State agency selected by the Governor unless CSA is otherwise notified. The agency which the Governor selects will be the agency to whom prior notification of financial assistance under Section 242 will be provided. The agency selected must be one (1) whose Director has direct line authority and responsibility for implementing the goals of a CSA-approved work program; (2) which has direct organizational access to the Governor for the purposes of carrying out the goals of the CSA-approved work program; (3) which has the demonstrated ability to mobilize State and Federal resources in support of the anti-poverty efforts of Community Action Agencies and other anti-poverty groups; and (4) which has proven experience in planning, coordinating, administering or operating programs for the poor.

(b) Determination of eligibility. Sixty days prior to submission of an application for funding the agency selected by the Governor will be responsible for providing the appropriate CSA Regional Office with documents and other data and information by which the CSA Regional Director can verify eligibility of the agency. These supporting documents must address each of the elements described in (a)(1) through (4) above.

§ 1061.90-5 Goals and eligible activities.

(a) Mandated goals for all work programs. CSA recognizes that States differ in their constitutional, statutory and organizational patterns. States also differ in terms of resources available, the causes of poverty, and the resulting programs. However, regardless of these differences CSA believes that the following are valid anti-poverty goals for all States. Therefore, Goals #1 through #5 listed below, along with their selected activities, must be addressed in all work programs:

(1) Goal #1: To increase the amounts and kinds of Federal, State and private resources available for anti-poverty activities within a State.

(i) Acceptable activities in achieving this goal include but are not limited to:

(A) Seeking out, developing or assisting in the development of every State, local, Federal and non-Federal resource that can be marshalled effectively and/of coordinated to assist poor persons, Community Action Agencies, State commuity action associations, and other anti-poverty efforts within the State.

(B) Developing and carrying out strategies for obtaining additional resources for new and existing anti-poverty activities.

(C) Initiating or stimulating the development and implementation of anti-poverty programs which are needed and not being provided adequately in the State.

(D) Promoting the utilization of all available State resources by making necessary information and support available to poor persons.

(2) Goal #2: To strengthen State capabilities for planning and coordinating in order to insure that available assistance related to the elimination of poverty can be more responsive to the needs and conditions of the poor within a State.

(i) Acceptable activities in achieving this goal include but are not limited to:

(A) Promoting the maximum feasible participation of poor people in the planning, conduct and evaluation of other State agency operations and programs which affect the poor.

(B) Developing interagency mechanisms at the State and local program level to insure good communications between State and local agencies, particularly Community Action Agencies and State community action associations, and other agencies and offices whose activities affect the poor.

(C) Developing a formal mechanism by which to advise departments of State government of the capabilities of Community Action Agencies and other CSA-funded anti-poverty groups to assist State agencies in their antipoverty efforts.

(D) Working for representation of poor persons on State committees and other entities which develop policy, provide advice or operate programs affecting the poor.

(3) Goal #3: To assure that the Governor has current and expert advice and information on poverty problems and anti-poverty efforts within the State.

(i) Acceptable activities in achieving this goal include but are not limited to:

(A) Providing the Governor with information and advice with respect to the policies and programs of the Community Services Administration and other anti-poverty resources.

(B) Providing the Governor, the State legislature, and other state agenIcies with information on the causes and conditions of proverty in the State.

(C) Advising the Governor on the status and impact of State and Federal programs and services affecting poor individuals in the State.

(D) Assisting the Governor in carrying out the provisions of Section 242 of the EOA.

(E) Drafting an Annual Report on Poverty in the State for delivery by the Governor to the State legislature and to the citizens of the State.

(4) Goal #4: To serve as the major point of intergovernmental contact between CSA and other State agencies, with the exception of the Governor.

(i) Acceptable activities in achieving this goal include but are not limited to:

(A) Communicating to CSA on a regular basis major state anti-poverty policies, concerns of State government officials about CSA or other Federal anti-poverty efforts, and information about successful state government approaches to anti-poverty problems.

(B) Explaining CSA policies and programs to other state agencies, setting up appropriate meetings between CSA and state officials, and officially advising CSA of program operation capabilities of state agencies which may be designated to receive CSA funds other than those under Section 231.

(5) Goal #5: To support the implementation of the mandatory Goals [§ 1061.90-5(a)(1)–(5)] through the

provision of training and technical assistance to community action agencies, state community action associations, and other local anti-poverty organizations.

(i) Acceptable activities in achieving this goal include but are not limited to:

(A) Developing and holding workshops and seminars about state antipoverty program policies and requirements.

(B) Providing on-site assistance to achieve maximum coordination and the fullest benefit of both Federal and state anti-poverty programs.

(C) Developing guidance materials for dissemination to CSA grantees and other appropriate anti-poverty groups or state agencies.

(b) Supplementary goals and activities. In those instances where a selected State agency has funds available under Section 231 above and beyond those required to carry out its mandated work program as described in (a) above, the agency may address one or more of the following in its proposed work program:

(1) Goal: To assure that Community Action Agencies and other CSA grantees have available to them the technical expertise and information and other assistance which will enable them to carry out effectively and efficiently their anti-poverty efforts.

(i) Acceptable activities in achieving this goal include:

(A) In consultation with CSA, assisting grantees in implementing corrective actions recommended by CSA as a result of evaluations, pre-reviews,

monitoring and/or audit reports.

(B) In consultation with CSA, CSA grantees, and other antipoverty groups, sponsoring or participating in training programs and workshops for staff and board members utilizing state resources and personnel to the extent possible.

(C) Providing information and assistance to CAAS, other CSA grantees, and other anti-poverty groups, in planning, developing and operating programs including volunteer programs.

(2) Goal: To assure that the Director of CSA has current and expert information on the impediments to coordinating antipoverty programs at the

State level and how these impediments may be eliminated.

(i) Acceptable activities in achieving this goal include:

(A) Advising and assisting CSA in identifying problems posed by Federal and State statutory or administrative requirements that impede state-level coordination of CSA-related programs, and in developing methods or recommendations for overcoming these problems.

(B) Advising CSA on procedures and programs which will promote State agency participation in carrying out the aims and objectives of the Economic Opportunity Act.

(C) Developing an Annual Report to the Director of CSA on the status and impact of Federal and State programs and services affecting low-income individuals within the State.

(c) Measurable goals and activities in the Work Program. Goals and activities appearing in the applicant's work program must be stated in terms which are clearly measurable and must include the quantity as well as the quality and character of the improvements to be achieved.

§ 1061.90-6 Application process.

(a) Funding offices. The responsibility for application review, grant approval, and monitoring of grants funded under Section 231 lies with the appropriate CSA Regional Office.

(b) Application requirements.

(1) Sixty days prior to the submission of an application for funds to CSA, an applicant selected by the Governor must:

(i) submit eligibility documents to CSA as required in § 1061.90-4(b) above; and

(ii) notify the State clearinghouse and the area clearing houses (if appropriate) of its intent to apply for funds. (See § 1067.10 of this Chapter for detailed instructions.)

(2) Ninety days before the expected funding date or, for refundings, ninety days before the end of the grantee's program year, the applicant/grantee must submit to the appropriate CSA Regional Office a formal grant application.

(3) The following documents must be submitted as part of the formal funding request:

(i) SF-424, Federal Assistance (including all comments received from clearinghouses);

(ii) CSA Form 419, Summary of Work Program and Budget; and

(iii) CSA Form 515, Grantee Budget Information (pages 1 and 2) (See OMB Circular A-102.)

(4) If delegating programs, the following additional documents must be submitted as part of the formal funding request:

(i) CSA Form 85, Administering Agency Funding Estimate;

(ii) CSA Form 87, Delegate Agency Basic Information; and

(iii) CAP Form 11, Assurance of Compliance with Civil Rights Act.

§1061.90-7 Post funding requirements. Grantees receiving funds under Section 231 must comply with all CSA rules applicable to grants funded under this Section. See § 1000.1 of this Chapter for a listing of all such rules.

March 14, 1972 (CSA Instruction 6441-1 § 1064.1-3 Legislation.

Section 604(1) of the Economic Opportunity Act of 1964, as amended, provides in part:

"The Director shall prescribe procedures to assure that * * * (1) special notice of and an opportunity for a timely and expeditious appeal to the Director is provided for an agency or organization which would like to serve as a delegate agency under Title II and whose application to the community action agency has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the Director."

§ 1064.1-4 Policy.

ensure a

This subpart implements section 604(1) by providing procedures to timely and expeditious appeal for organizations which submit initial or renewal applications to a Community Action Agency (CAA) to serve as delegate agencies and by establishing standards for resolving appeals in a manner which preserves for a CAA the primary responsibility for the planning, administration and evaluation of community action programs in the community which it serves.

§ 1064.1-5 Requirement that CAA notify prospective delegate agency.

When an organization informs the CAA that it desires to apply for, or renew delegate agency status, the CAA shall promptly inform such organization of the approximate date by which an application must be submitted in order to be considered for the next funding period. Such applications should be submitted no later than 180 days before the end of the CAA's funding period in order to be considered during the CAA's planning cycle for the coming funding period. In addition, the CAA shall promptly inform each agency which submits an application to become or to continue to be a delegate agency of the provisions of this subpart and the date it expects to receive funding guidance. Applications

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