Code of Federal Regulations: Containing a Codification of Documents of ...

connection with any program supported in whole or in part by this grant and conducted outside of normal school hours (such as after school programs, summer-school programs) or conducted for persons who are not participating in the regular curriculum (such as pre-school, adult-education, or a program for dropouts).

(3) In any of the programs described in paragraph (a)(2) of this section admission shall not be based directly or indirectly on religious affiliation or on attendance at a church-related school or other church-related institution. Affirmative steps shall be taken to make known the general availability of such programs in the areas served.

(4) Participation in programs supported in whole or in part by this grant shall not be used as a means of inducing participation in sectarian or religious activities or of recruitment for sectarian or religious institutions.

(5) The text books and other materials used in programs supported in whole or in part by this grant shall be devoid of sectarian or religious content.

(6) Facilities renovated or rented for programs financed in whole or in part by this grant shall be devoid of sectarian or religious symbols, decoration, or other sectarian identification. Other facilities used primarily for such programs shall, to the maximum feasible extent, be devoid of sectarian or religious symbols, decoration, or other sectarian identification.

(7) Grant funds shall not be used in any manner to release funds regularly expended by the school, schools, or school system. For example, grant funds shall not be used to pay in any part costs which would otherwise be incurred by the school, schools or school system in their regular operation.

(b) The grantee will, before executing a contract with any church-related school, schools, or school system, submit the proposed contract to CSA for approval.

81067.9-6 Conditions applicable to the

use of grant funds for activities to be conducted by a church or church-related organization.

(a) The grantee shall ensure, and shall provide by contract with any church or church-related institution or organization which is to be delegated the performance of all or part of any component of the approved community action program that:

(1) None of the grant funds shall be used for the teaching of religion, for religious proselytization, or religious worship.

(2) There shall be no religious instruction, proselytization or worship in connection with any program supported in whole or in part by this grant.

(3) Admission to any of the programs supported by this grant shall not be based directly or indirectly on religious affiliation or on attendance at a church, church-related school or other church-related institution or organization. Affirmative steps shall be taken to make known the general availability of such programs in the area served.

(5) All materials, such as reading materials, used in programs supported in whole or in part by this grant shall be devoid of sectarian or religious content.

(7) Grant funds shall not be used in any manner to release funds regularly expended by the church or church-related institution or organization. For example, grant funds shall not be used to pay in any part costs which would otherwise be incurred by the church

(1) This subpart is applicable to applications* for grants under sections 221, 222(a)(5), (7), (12) and 231 of the Community Services Act of 1974 (CFDA Nos. 49.002, 49.005, 49.010, 49.014, and 49.013 respectively) when the funds are administered by the Community Services Administration.

(i) *EXCEPTIONS: Applications from Federally-recognized Indian Tribes; and applications or portions of applications for funds under the abovementioned Sections when such funds are for general administration; training and technical assistance for staff development and/or management improvement; and evaluation.

(b) Title VII:

(1) This subpart in its entirety is applicable to applications** or portions of applications** requesting funds

under the following sections of Title VII (CFDA No. 49.011) for the purposes specified:

(i) Section 747. Planning Grants.

(ii) Section 712. Investment capital (budget category 2.5) for specific "community development programs" (as defined in CSA Instruction 61583), and "training, public service employment, and social service programs" (as defined in CSA Instruction 6158-3).

(2) Only §§ 1067.10-6 and 1067.104(d) are applicable to applications** or portions of applications** requesting funds under the following section of Title VII for the purpose specified:

(i) Section 712. Administrative costs (all budget categories other than 2.5),

investment capital for specific “business development programs" (as defined in CSA Instruction 6158-3), or investment capital unearmarked at time of application to specific ventures.

(3) **EXCEPTION: Applications from Federally recognized Indian Tribes. 81067.10-2 Policy.

(a) CSA will not approve any requests for initial funding, refunding, or major changes in work program or level of assistance from any applicant unless the applicant follows the Project Notification and Review System (PNRS) procedures (See § 1067.10-4) for all programs identified in § 1067.10-1.

(b) In the past OEO Form 394 has been used by Title II grantees to checkpoint with local agencies and officials and with SEOOS. Since an active A-95 review process is a direct duplication of the Form 394 checkpoint procedure, the Form will no longer be required where there is an areawide clearinghouse unless the CSA administering office determines that the applicant's comments are not being circulated to all appropriate public and private agencies in which case the administering office may require additional check-pointing through continued use of Form 394. Also, Title II grantees who wish to continue additional coordination activities with local agencies and local units of government may continue to use the Form 394 on an optional basis.

(c) Effective with the issuance of this Instruction, all applications submitted to CSA will be required to have a SF 424 as a coversheet. (See § 1067.10-4). In addition the SF 424 may be used as the initial notification to clearinghouses where clearinghouses do not require their own forms. (See § 1067.10-4(a).)

Management and Budget (OMB) has issued, and will periodically update, a directory listing of these designated clearinghouses.)

(b) Clearinghouses. The areawide and metropolitan clearinghouse(s) inform specific local governments and agencies, including CSA grantees if they have so requested (see § 1067.105) and public agencies charged with enforcing or furthering the objectives of State and local civil rights laws, of any proposed projects from other agencies which would have an impact on their programs. Also, State clearinghouses notify state agencies, such as SEOOS, of any proposed projects which would affect their statewide plans and programs.

are

(c) Applicants/grantees. Applicants required to notify the clearinghouse(s) of the State(s) and either the areawide or the metropolitan area clearinghouse(s) in which the project is to be located of their intent to apply for CSA funds.

(d) Community Services Administration (1) CSA Headquarters is responsible for informing grantees and prospective grantees of the current requirements to notify clearinghouses.

(2) CSA Regional and Headquarters Administering Offices are responsible for assuring that:

(i) Grantees are advised of new or redesignated State and/or areawide clearinghouses;

(ii) Grantees seeking initial funding are informed of A-95 requirements and provided copies of SF 424 at the time CSA indicates its willingness to consider their applications;

such

(iii) Each application has received clearinghouse review where review is required; (iv) Each application is accompanied by a completed (Sections I and II) SF 424;

(v) Clearinghouses are notified within seven work days of any major action taken on an application that has been reviewed by the clearinghouses; and

(vi) The appropriate State and area wide clearinghouses have been notified of any application from federally-recognized Indian tribes upon its receipt.

81067.10-4 Procedures.

(a) Applicant Notification to Clearinghouses of Intent to Apply—(1) Who Must Notify Clearinghouses. Applicants for CSA funds who are seeking initial funding or program year refunding for programs covered by A-95 must provide notification of intent to apply to the appropriate clearinghouses. In addition any grant action made subsequent to a program year refunding which is a major change to the work program and/or a substantial infusion of additional Federal funds in the initial application or is a new project not previously submitted to the clearinghouse also must comply with the notification procedures.

(2) Timeframe. (i) Applicants must simultaneously notify both State and area-wide clearinghouses of their intent to apply for CSA funds at least sixty days before the anticipated date of the submission of the final funding application to CSA. This 60-day lead time is necessary to allow each clearinghouse 30 days to consult with State and local agencies and regional/local governments that may be affected by the proposed project, and to submit written comments on the proposal to the applicant; and an additional 30 days, if a clearinghouse chooses, to review the final completed funding application.

(ii) For applicants seeking initial funding, notification to the clearinghouse will only begin after CSA indicates its willingness to consider applications (development of an application may be requested simultaneously or at some future date). For grantees requesting refunding, initial notification should follow immediately upon receipt of the program and funding guidance or other notice from CSA that it is willing to consider refunding.

(iii) OMB Circular A-95 contains a provision allowing Federal agencies to request procedural variations from normal review processes under certain circumstances. CSA will make use of this provision on a case-by-case basis.

(3) How. (i) Many clearinghouses have developed notification forms and instructions. Where such forms exist

(ii) Where clearinghouses do not require use of their own forms or formats, applicants have the option of submitting one of the following to the clearinghouses. However, as the SF 424 must accompany every application submitted to CSA it is assumed that most applicants will use the SF 424 as Notice of Intent to Apply.

(A) SF 424, Federal Assistance, with Section I completed PLUS a statement as to whether environmental impact information will be required; OR

(B) A summary of the following: (1) Identity of the applicant agency; (2) Geographic coverage of the program proposed;

(3) A brief description of the proposed program including type;

(4) Purpose;

(5) General size or scale; (6) Estimated cost;

(7) Beneficiaries; or

(8) Other characteristics which will enable the clearinghouse to identify agencies of a State or local government having plans, programs, or projects that might be affected by the proposed programs;

(9) A statement as to whether environmental impact information will be required;

(10) The Federal program title and number and agency under which assistance will be sought as indicated in the latest "Catalog of Federal Domestic Assistance"; and

(11) The estimated date the applicant expects to formally file its funding request.

(b) Review by Clearinghouses of Notification. (1) The clearinghouse may notify the applicant, within 30 days of receipt of notice, of its own or other State or local interests. During this period differences may arise between clearinghouses or particular State agencies or local governments as to the merit and/or designation of the

1In accordance with OMB Circular A-95 (Revised) private non-profit applicants are not required to include confidential information concerning the financial status or structure or the personnel of their agency even though this information might be required to be sent to CSA as part of the funding process.

planned project. The clearinghouse may work with the applicant in the resolution of any problems. If differences are not resolved, the clearinghouse may inform the applicant of its desire to review, and its intention to prepare comments to accompany, the completed funding application.

(2) Applications for refunding not submitted to or acted on by CSA within one year after completion of clearinghouse review will be subject to rereview upon request of the clearinghouse.

(c) Submission of the Completed Application to the Clearinghouse. (1) When within the initial 30 day period the clearinghouse signs off or indicates that it has no comments regarding the proposed project, the applicant may proceed to submit the final funding application to CSA without further delay. In such cases the applicant is not required to submit a copy of its funding application to the clearinghouse. However, the clearinghouse may request an information copy.

(2) However, if within the initial 30 day period the clearinghouse asks to review the final application, the applicant will submit a copy of the funding application to the clearinghouse. In such cases, the clearinghouse(s) shall have an additional 30 days to submit their formal comments on the subject application. If the applicant failed to submit to the clearinghouse an initial notification of its intent to apply for CSA funds and submitted only a completed application, the clearinghouse shall have a full 60 days to review and submit comments on the application.

(3) It should be noted that areawide clearinghouses must submit to applicants any written comments received from other jurisdictions or agencies or parties when the comments are at variance with the clearinghouse comments. They also must list others who were solicited and from whom they received comments.

(d) Submission of SF 424's and Clearinghouse Comments to CSA. Beginning with the effective date of this Instruction, the applicant will submit to the appropriate CSA Regional or Headquarters administering office a SF 424 with each application for initial funding, program year refunding,

major change to work program and/or level of Federal assistance, and new projects regardless of whether or not the program is covered by the A-95 process. Grant applications will be unacceptable if not accompanied by the completed SF 424. (See Appendix for a copy of SF 424 with instructions for completion including instructions specifically designed for applicants for CSA funds).

(1) For programs not covered by the A-95 process or for which CSA has received an exemption, the applicant will complete information required in Section I of the SF 424 and indicate "not applicable" in Section II, Item 22.b.

(2) For programs covered by the A95 process, the applicant will complete all information required in Sections I and II of SF 424 and attach any comments or recommendations received from the clearinghouse(s) along with a statement that such comments have been considered prior to submission of the application. In addition, the applicant will include in Section IV of SF 424 a position statement on any conflicts that have not been resolved between the clearinghouses and the applicant.

NOTE: It would be in the applicant's best interest to notify CSA immediately if any comments have been received or are anticipated which recommend not funding the application.

(i) Applications that do not carry evidence that both areawide and State clearinghouses have been given an opportunity to review the application will be returned to the applicant to comply with A-95 procedures.

(ii) If a clearinghouse has recommended against approval of a project because it conflicts with or duplicates another Federal or federally assisted project, the administering office will consult with the agency assisting the referenced project prior to acting if the administering office plans to recommend approval of the project.

(iii) CSA will not accept the grant for processing until the clearinghouse comments have been received or until the final 30 day period has elapsed.

(e) Notification to Clearinghouses by CSA of Major Grant Actions. (1) Within seven working days of any

major action taken on an application, i.e. award, rejection, deferral, return for amendment, or withdrawal, the appropriate CSA Regional Office or Headquarters office will notify the clearinghouse(s) which reviewed the application. In addition if a clearinghouse recommended against the funding of the application and CSA has decided to award the grant, CSA will include in Section IV of SF 424 a statement of explanation to the clearinghouse.

the

(2) CSA will notify clearinghouse(s) by completing Section III of the SF 424 and returning the form, along with any explanatory attachments, to the clearinghouse(s). 81067.10-5 CSA grantee participation in A-95 coordination process.

Since OEO Form 394 is no longer required, CSA reminds those SEOOS who currently are not receiving applications for CSA-funded programs for review through the clearinghouse, that they inform the clearinghouse of their interest in receiving these applications for review. CSA grantees, particularly CAAs and SEOOS, should actively seek to review, in addition, applications for Federal assistance from other agencies in their clearinghouse area for programs included in the A-95 process. (See attachments C and D to Circular A-95). Review of notifications and applications for Federal funds should be directed to those programs which could have an impact on the poor.

§ 1067.10-6 Section 712-On-going and post-grant coordination.

(a) Because of the nature of the Section 712 Special Impact Program and the funding process followed by CSA's Office of Economic Development for community development corporations (CDCs) under Section 712, there is limited opportunity for, or value to, clearinghouse review of CDC grant applications prior to funding by CSA and, therefore, the A-95 process is applicable only to certain Title VII grants. (See § 1067.10-1). For example:

(1) Once a CDC has received its initial funding from CSA through a planning grant (which is subject to clear

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