COLONIAS DEL VALLE Serving: Oklahoma, Arkansas, Texas, New Mexico Post Office Box 907, San Juan, Texas 78759 CFNP Coordinator: Mr. Hector de Leon, Phone: (512) 781-9795 IDAHO MIGRANT COUNCIL Serving: Colorado, Washington, Wyoming, Montana, Utah, Idaho, Oregon 7155 Capitol Boulevard, Suite 406, Boise, Idaho 83706 CFNP Coordinator: Mr. Sam Byrd DELMARVA RURAL MINISTRIES Serving: Delaware, Maryland, Pennsylania, Blue Hen Mall, Dover, Delaware 19901 Subpart 1061.51-Funding Requirements for Fiscal Year 1981 Crisis Intervention Program SOURCE: 45 FR 73890, Nov. 6, 1980, unless otherwise noted. $1061.51-1 Applicability. This subpart is applicable to grants made under section 222(a)(5) of the Economic Opportunity Act 1964, as amended, for Energy Crisis Intervention activities if the assistance is administered by the Community Services Administration. 1061.51-2 References. (a) Section 222(a)(5) of the Economic Opportunity Act of 1964, as amended. (b) 45 CFR subpart 1067.40, Applying for a Grant Under Title II, Sections 221, 222(a) and 231 of the Economic Opportunity Act, of 1964, as amended. (c) 45 CFR subpart 1050.50, Cost Sharing and Matching. (d) 45 CFR subpart 1068.20, Non-Federal Share Requirements for Title II, Sections 221, 222(a) and 231 Programs. (e) 45 CFR subpart 1067.4, Standards for Evaluating the Effectiveness of CSA Administered Programs and Projects. (f) 45 CFR subpart 1067.7, Due Process Rights For Applicants Denied Benefits Under CSA Funded Programs. (g) 45 CFR subpart 1050.80, Monitoring and Reporting Performance. (h) 45 CFR subpart 1050.70, Financial Reporting Requirement. (i) 45 CFR subpart 1050.160, Procurement Standards. (j) 45 CFR part 260, Department of Health and Human Services Social Security Administration, Low Income Energy Assistance Program. § 1061.51-3 Definitions. (a) Household means any individual or group of individuals who are living together as one economic unit and for whom residential energy is customarily purchased in common, or who make undesignated payments for energy in the form of rent. (b) Elderly means persons who are sixty years of age or older. (c) Handicapped means those individuals who meet the definition of handicapped individuals as defined in section 7(6) of the Rehabilitation Act of 1973, as amended, that is "any person who (1) has a physical or mental impairment which substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment" or who are under a disability as defined in section 1614(3)(A) or 223(d)(1) of the Social Security Act or in section 102(7) of the Developmental Disabilities Services and Facilities Act of 1970, as amended, or who are receiving benefits under Chapter 11 or 15 of Title 38, United States Code. (d) SSI Benefits means Supplemental Security Income benefits under title XVI of the Social Security Act, including mandatory and optional payments that the Department of Health and Human Services administers for a State under subpart T of 20 CFR part 416 to supplement Federal benefits, but excluding benefits: (1) Paid under 20 CFR 416.231 because the beneficiary is living in a Medicaid institution and Medicaid is paying more than 50 percent of the cost of care; (2) Reduced by one-third under 20 CFR 216.1125(b) because the beneficiary is living in another person's household and is receiving both support and maintenance (food and shelter) from that person and is not paying his pro rata share of food and shelter expenses; or (3) Paid to a beneficiary who is: (i) A child for SSI purposes under 20 CFR 416.1050; and (ii) Living with a parent or with the spouse of a parent. (e) AFDC means Aid to Families with Dependent Children payments made under title IV-A of the Social Security Act, but not including Foster Care payments under § 233.110 or Emergency Assistance payments to needy families with children under § 233.100. (f) Seasonal Farmworker shall mean a farmworker who during the preceding twelve months has been employed less than 250 days in field or food processing work and who is not a migrant farmworker. This does not include supervisors of other farmworkers. (g) Migrant Farmworker shall mean a person who left home (accepted place of residence) temporarily to do hired field or food processing work which requires travel such that the worker is unable to return home within the same day. (h) Indian means any individual who is a recognized member of a federal or state recognized Indian tribe, Alaskan Native Village or corporation. (i) Tribe or Indian Tribe means a distinct community of Indians that exercises powers of self-government and is so recognized by Federal and/or State statute. § 1061.51-4 Background. (a) $87.5 million has been authorized to the Director of the Community Services Administration for carrying out energy crisis related activities under section 222(a)(5) of the Economic Opportunity Act of 1964. (b) $3 million of these funds will be set-aside for purposes of outreach activities designed to assure that eligible households with elderly members are aware of the assistance under LIEAP and ECIP. (c) Eighty percent (80%) of the remaining funds received by CSA will be allocated among the States to eligible applicants as defined in this rule. (d) The remaining twenty percent (20%) shall be used by CSA to provide such things as training and technical assistance to grantees; to evaluate the program; to support its administration of the program; and to provide grants for special emphasis projects relating to energy and the needs of the poor. § 1061.51-5 Purpose. This rule details the procedures CSA will utilize to implement the FY 1981 Energy Crisis Intervention Program, and outlines the policies and funding criteria which will govern the expenditure of funds allocated under this program. § 1061.51-6 Policy. (a) In keeping with Congressional intent, the CSA Energy Crisis Intervention Program (ECIP) is designed to complement HHS's Low Income Energy Assistance Program (LIEAP). The goals of the ECIP are therefore (1) to assure that the LIEAP and other energy-related support networks (e.g. DOE's weatherization projects, public/ private funded energy assistance programs etc.) are responsive to the energy needs of the poor; (2) to provide only those crisis intervention activities not readily available through the LIEAP and other support networks; (3) to undertake activities which will lessen the impact of the high cost of energy on the poor; and (4) to develop a local planning capability involving community resources to deal with both short and long range energy issues affecting the poor in the specific community. (b) This program is not an income transfer program. This program does not entitle any person or household to a certain amount or form of assistance. This program is not to be considered as an alternative to those households which have access to direct assistance through other networks and public and private entities. Although CSA has not established any particular priorities, grantees are encouraged to continue to emphasize program services for the elderly and the handicapped. § 1061.51-7 Who can apply for funds? (a) All Community Action Agencies (CAA's) are eligible to apply for ECIP funds to undertake crisis intervention activities in their service areas. (b) CSA Regional Directors will identify existing CSA grantees to undertake crisis intervention activities in those areas of a state not covered by an existing CAA. (c) Indian Tribes are also eligible to apply for funds to undertake crisis intervention activities for their service areas. If a CSA Regional Director identifies a significant population of Indians that is not self-governed but which would not be able to receive services outlined in this rule due to geographical isolation or other significant factors, he/she may request a waiver from Headquarters to fund this Indian group directly. Waivers will be reviewed on a case by case basis. (d) The Migrant and Seasonal Farmworker organizations designated as CSA conduits (see appendix A to subpart 1061.51 for names and addresses of organizations) are eligible to apply for funds to undertake crisis intervention activities for Migrant and Seasonal Farmworkers. (e) Grants made in regard to the remaining 20% [§1061.51-4(d)] will be to public and private non-profit organizations and agencies which meet CSA's general eligibility criteria. §1061.51-8 What can these funds be used for? (a) All work programs proposing to undertake energy crisis intervention activities, including emphasis on delivery of the activities to the elderly and handicapped, must include, at a minimum, activities (1) through (4): (1) Access. Grantees must undertake activities to insure that all poor and near poor households are provided access to federal, state or other energy crisis assistance programs. Such activities might include, but are not limited, to the representation of the interests of the poor with utility/fuel vendors, with the program operators of the Low Income Energy Assistance Program (LIEAP), and with the program operators of the Department of Energy's weatherization program. (2) Community Mobilization Activities. Mobilization and organization of community resources to respond to crisis needs within the community. (i) Mobilization of Organizations— Such activities might include, but are not limited to coordination of religious, social service and other community based organizations to become aware and involved in the energy issues affecting the poor and soliciting their help in ameliorating their effects. (ii) Mobilization of Goods and Services-Such activities might include but are not limited to securing goods, services, and temporary relocation centers from community based merchants, religious, social service and other organizations to respond to the energy needs of the poor during individual emergencies and periods of crises. (3) Direct services. The provision of direct services in the form of goods or services are to be provided only when these direct services are not available from other sources. These services might include, but are not limited to, providing blankets, warm clothing, temporary shelter, energy-related repairs to housing such as patching a roof or replacing a broken window, furnace repairs and space heaters. Grantees are also permitted to make payments of utility/fuel bills as a one-time form of crisis assistance to a household and only after negotiations with utility/fuel vendors and other energy crisis assistance operators (e.g., LIEAP local program operators and other federal, state and local agencies) have failed to resolve the household's crisis and the determination that sufficient, timely and appropriate assistance is not available from any other source. Grantees must document in the applicant's file, the actions taken on behalf of the applicant before authorizing the payment of a utility/fuel bill. In undertaking this activity, grantees must assure that reconnection of utility service or delivery of fuel actually occurs. Funds under this program shall not be used to weatherize houses. (4) Community Planning and Education. Such as, but not limited to comprehensive energy-related planning to benefit the low-income populace of the area, the dissemination of energy conservation information, the conduct of energy conservation education programs and the provision of information on existing energy programs in the community (e.g., information and referral to the LIEAP). (5) Alternate Energy Sources. Constitutes the replacement of or the substantial supplement to a household's source of energy. This activity is being allowed since grantees may find, in some instances, that the best means of solving an individual household's energy problem is to utilize an alternate energy source. § 1061.51-9 Who can be served by this program? (a) Income Eligibility. Notwithstanding the provision of 45 CFR 1060.2(a) found at 45 FR 51561 (8/4/80), for purposes of this program, eligibility shall be limited to households whose incomes total no more than 125% of the CSA Income Poverty Guidelines or whose major income earner receives SSI or AFDC payments. (See definition for SSI and AFDC at §1061.51-3 (d) and (e)). No grantee may change these income eligibility guidelines. (See appendix B to subpart 1061.51 for CSA Income Poverty Guidelines.) (b) Program Eligibility. Assistance under this program is to be provided only to households not having access to direct assistance of the same type through any other supportive networks, such as the Low-Income Energy Assistance Program (LIEAP), welfare, or other federally funded programs or who have exhausted such assistance, and the household is experiencing or is in danger of experiencing a life threatening or health-related emergency situation and that sufficient, timely and appropriate assistance is not available from any other source. (c) Certification of Income Eligibility Required of Grantees. Proof of income eligibility shall be required of each applicant. The period for determining eligibility will not be more than 12 months or less than 90 days preceding the request for assistance. The determination of what constitutes income shall be based on the CSA Income Poverty Guidelines. In limited instances when proof of income is unavailable, an applicant must sign a declaration of income eligibility in order to receive assistance. In such cases, the local program operator must make a reasonable number of ongoing checks (no less than 10%) to verify income eligibility. (d) Income Disregard. Benefits made available under this program shall not be considered as income or resources of such household (of any member thereof) for any purposes under any federal or state law, including any law relating to taxation, public assistance or welfare program. § 1061.51-10 Level of assistance. (a) The sum of all forms of direct and alternate energy sources assistance under this program made to and/or on behalf of any eligible household under this program may not exceed $400. (1) The provision of direct services may not exceed a total of $200 for any eligible household. (2) No alternate energy source can exceed a total sum of $400. § 1061.51-11 How to obtain funds. (a) Applications for funds under this program, except for applications submitted by Migrant & Seasonal Farmworker Conduits, must be submitted to the appropriate CSA Regional Office. (See appendix C to subpart 1061.51.) Applications by the Migrant & Seasonal Farmworker Conduits must be submitted to the Headquarters Migrant & Seasonal Farmworker Office. (b) Applications should be received within thirty (30) days from the date of publication of these regulations. (c) Contents of application. (1) The following forms are required as part of the application package: (i) CSA Form 419, Summary of Work Programs and Budget. This form must address all of the activities outlined under § 1061.51-8 which the applicant is going to undertake. Each activity should be addressed separately with a breakdown for the level of funding to support each activity. (ii) CAP Form 25, Program Account Budget; (iii) CAP Form 25a, Program Account Budget Support Sheet; and (iv) SF 424, Federal Assistance. (2) When delegating part or all of the work program, the applicant must also submit the following: (i) CAP Form 85, Administering Agency Funding Estimate; (ii) CAP Form 87, Delegate Agency Basic Information; and (iii) CAP Form 11, Assurance of Compliance with Civil Rights. (d) Clearinghouse review procedures. (1) OMB has granted a procedural variation of OMB Circular No. A-95 clearinghouse review procedures for the En ergy Crisis Intervention Program for FY '81. Due to the emergency nature of the Program, suggested modifications to an application resulting from clearinghouse comments are to be addressed by a grantee or CSA on a post grant approval basis this fiscal year. (1) Prospective grantees/applicants must submit a full application, including a summary of work programs, to appropriate state and areawide clearinghouses at the time of submission to CSA. Early contact with the clearinghouses prior to submittal of the application is encouraged to determine if the clearinghouses can be of assistance in identifying areas or individuals in I need, current assistance being made available and community, areawide, or state networks available that might assist in responding to energy crisis needs. in (ii) State and areawide clearinghouses shall have a total of 60 days from receipt of an application to conduct notifications and reviews. They will be of assistance to the applicant and to CSA if their reviews address the policy considerations identified §1061.51-6 as well as appropriate subject matter of comments and recommendations in item 5, Part I, Attachment A of OMB Circular No. A-95, particularly regarding the coordination of energy planning which relates to the needs of the poor. Clearinghouse comments should be sent to the appropriate CSA Regional Office with a copy to the applicant. CSA reserves the right to modify a grantee's program if it deems documented clearinghouse comments warrant such action. It is expected that grantees will act in good faith in resolving any issues identified by clearinghouses. In instances where issues cannot be resolved, they should be referred to the CSA Regional Office by the clearinghouse or the grantee. $1061.51-12 Project requirements. (a) Project Advisory Committee. (1) Each applicant shall establish a Project Advisory Committee (PAC). However, if the applicant has an existing PAC that is properly constituted, this PAC will satisfy this requirement. (2) The role of the PAC should include, but not be limited to, the following activities: (i) Participate in the development of an ongoing review of the proposed work program; (ii) Recommend to the Grantee board agency policy for the approval or disapproval of requests for the installation of alternate energy sources. The criteria to be used in establishing the policy should include the determination that the installation of the alternate energy source will: (A) Lessen the impact of the high cost of energy on the household; (B) Have a significant impact on the household's energy usage pattern; and (C) Lessen the potential for future energy assistance subsidies. (iii) Address the energy issues affecting the community as a whole and how they impact upon the poor; (iv) Make recommendations to the Grantee board on the routine operation of the grantee's crisis intervention program; and (v) Participate in the development of applications for any future crisis intervention activities. (3) Membership on the PAC should include at least 51% poor persons as well as representatives of the local governments. The remaining membership should be made up of other energy related resource agencies and organizations, such as energy advocacy organizations, representatives of local public utilities, aging organizations, and local fuel vendors. (b) Crisis Intervention Program Coordinator. A grantee must have at least one energy crisis intervention program (ECIP) coordinator who will be responsible for assuring the implementation of the approved work program. ECIP program funds and other funds from CSA programs may be used to support this position. The ECIP coordinator is expected to mobilize the resources available from other Federal, State and local programs, and cooperate fully. The coordinator is not to assume programmatic or administrative responsibility for other programs. (c) Non-Federal share requirements. Since this is a program with crisis intervention activities, a matching share is not required. However, grant |