The amounts allocated under this on in any fiscal year shall be ded to eligible agencies and orgaions in the same proportion as s distributed to those agencies and nizations by the State for the pres fiscal year under the Community ices Block Grant Program (42 ≈. 9904(c)(2)(A)).

Agencies and organizations eligito be funded under this section I submit an application meeting requirements of §§1080.5(a) and 5(b)(2), (3), (5), (6) and (7), at a time ified by the Secretary. If such an acy or organization does not apply or submit an approvable application er this section, the funds that ld have been allocated to them

1 be reallocated by the Secretary to remaining eligible agencies and orizations on a pro rata basis.

FR 6372, Feb. 9, 1989, as amended at 57 FR 6, June 23, 1992]

80.7

Funding of Indian tribes.

) Not less than 1.5 percent of the ds provided in each fiscal year for - Emergency Community Services meless Grant Program shall be alloed by the Secretary directly to Inn tribes that have applied for and ceived a direct grant award under ction 674(c) of the Community Serves Block Grant Act (41 U.S.C. 9903(c)) r that fiscal year.

(b) An Indian tribe funded under this tion is not required to submit an apIcation for Emergency Community rvices Homeless Grant Program nds. A tribe's application for a direct ant award under section 674(c) of the ommunity Services Block Grant Act 2 U.S.C. 9903(c)) that is submitted by eptember 1 for the succeeding fiscal ear will be considered as an applicaon for Emergency Community Serves Homeless Grant Program funds for hat fiscal year. Acceptance of the ommunity Services Block Grant apication by the Office of Community ervices will constitute approval of an ward of funds under this section.

(c) Funds allocated under this section hall be allotted to an Indian tribe in -n amount that bears the same ratio to ll the funds allocated under this sec-ion as the tribe's poverty population Dears to the total poverty population

of all tribes funded under this section, except that no tribe shall receive an amount of less than:

(1) $500, for those tribes whose allocation under this section would otherwise be at least $1 but no more than $500; or (2) $1000, for those tribes whose allocation under this section would otherwise be at least $501 but less than $1000. (d) For purposes of this section, an Indian tribe's poverty population shall be calculated by multiplying the tribe's overall population by the Indian rural poverty rate for the State in which it is located, using the population and rural poverty rate figures established for the purposes of making direct grants under section 674(c) of the Community Services Block Grant Act (42 U.S.C. 9903(c)).

§1080.8 Reporting requirements.

Each recipient of funds under the Emergency Community Services Homeless Grant Program shall submit an annual report to the Secretary, within 6 months of the end of the period covered by the report, on the expenditure of funds and the implementation of the program for that fiscal year.

(a) The report is to state the types of activities funded, any efforts undertaken by the grantee and its subgrantees to coordinate homeless activities funded under this program with other homeless assistance activities in the State and communities, the number of individuals served and any impediments, including statutory and regulatory restrictions to homeless individuals' use of the program and to their obtaining services or benefits under the program.

(b) Such annual report shall provide information on the use of funds to defray State administrative costs, including the types of activities which specifically address services to the homeless and also those activities that are related to the administrative costs associated with the coordination and integration of services to the homeless.

(c) States shall also provide information in the annual report which details programs, progress, and activities that are specifically related to expenditures for renovation, including the effects of such activities on historic properties,

and the provision of, or referral to, services for domestic violence.

Information collection requirements are approved by the Office of Management and Budget under control number 0970-0088)

[57 FR. 27946, June 23, 1992]

$1080.9 Other requirements.

All recipients of grants under the Emergency Community Services Homeless Grant Program shall be subject to the following regulations applicable to the block grant programs in the Department of Health and Human Services:

(a) 45 CFR part 96, subpart B, §96.12— Grant Payment, concerning the timing and method of disbursing grant awards;

(b) 45 CFR part 96, subpart B, §96.14—–— Time Period for Obligation and Expenditure of Grant Funds, as amended. concerning the availability of grant funds;

(c) 45 CFR part 96, subpart C-Financial Management, as amended, concerning financial management and audit requirements;

(d) 45 CFR part 96, subpart E-Enforcement, as amended, concerning enforcement and complaint procedures; and

(e) 45 CFR part 96, subpart F-Hearing Procedures, concerning hearing procedures.

1) Agency means the National downment for the Arts, the National dowment for the Humanities, the Incute of Museum Services, or the Fed1 Council on the Arts and the Hunities.

b) Commercial use request means a reest by or on behalf of anyone who eks information for a use or purpose at furthers the commercial trade or Ofit interests of the requestor (or the rson on whose behalf the request is ade.) The agency must determined e use to which a requestor will put e document. Where the agency has asonable cause to doubt the use to ich a requestor will put the records ught or the use is not clear from the quest, the agency may seek addional clarification. The requestor ars the burden of demonstrating the se or purpose of the information reested.

(c) Direct costs mens those expendires which an agency actually incurs searching for and duplication docuents to respond to a Freedom of In▪rmation Act (FOIA) request. In the ase of commercial use requests, the erm shall also include expenditures or reviewing documents.

(d) Duplication means the process of aking a copy of a document necssary to respond to a FOIA request. Buch copies may be in the form of

paper, microfilm, machine readable documents, or other materials.

a

(e) Educational institution means preschool, elementary, or secondary school, an institution of graduate or undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

(f) Non-commercial scientific institution means an institution that is not operated on a "commercial use" basis as defined in paragraph (b) of this section and which is operated solely for the purposes of conducting scientific research the results of which are not intended to promote any particular product or industry.

(g) Representative of the news media means any person actively gathering news for an entity that is organized and operated to publish or broadcast information that is about current events or that would be of current interest to the public. Freelance journalists may be regarded as working for a news organization if they can demonstrate a sound basis for expecting publication though that organization, even though not actually employed by it.

(h) Review means the process of examining a document located in response to a commercial use request to determine whether any portion is permitted to be withheld. Review includes processing documents for disclosure, including all that is necessary to excise them and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.

(i) Search means all the time that is spent looking for material that responds to a request, including page-bypage or line-by-line identification of material in documents. Searches may be done manually or by computer using exisiting programs.

§ 1100.2 Organization.

The National Foundation on the Arts and the Humanities was established by the National Foundation on the Arts