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ance Program nor shall energy allow gram operator of a specific eligible ances be considered as income in deter- household. mining income eligibility.

[44 FR 76525, Dec. 27, 1979) (b) Program eligibility. The Governor may specify certain program eligibility 8 1061.70–11 How a Governor requests criteria by defining what constitutes funds. an energy-related crisis in that par (a) Applications for funds under this ticular state. Where a Governor wants program will be for statewide coverage. to establish such eligibility criteria, CSA will establish set-asides to serve he/she must provide an explanation and Native Americans and farmworker justification in the State Funding Plan groups. for the eligibility criteria selected as

(b) Within 15 calendar days of the efwell as a description of the procedures

fective date of this subpart, the Govto be used in determining the program

ernor will submit a State Funding Plan eligibility. The Governor may not re

to the appropriate CSA Regional Office

with all the information required in quire proof of unpaid fuel bills or no

$1061.70–16. The State Funding Plan tices of termination of utility service as criteria for eligibility under this

must provide a timetable indicating

when services will be provided at the program. The Governor also has the op

local level. tion to use income eligibility criteria

(c) CSA requested from OMB a comas the sole eligibility criteria. Energy plete waiver of the clearinghouse reallowances shall be taken into consid- view procedures for the FY 80 Energy eration in determining program eligi Crisis Assistance Program. OMB has bility as indicated 1061.70–7 (b) of this granted a waiver under the following subpart.

conditions transmitted in a letter (c) Income Disregard. Payments made dated August 29, 1979: under this program are not to be con (1) The Governor's State Funding sidered as income or resources for pur- Plan will be subject to modified proceposes of determining eligibility or ben

dures of Part III of A-95. To the fullest efits under any income maintenance

practicable degree, the State agency program including, but not limited to

responsible for development of the plan public assistance, veterans benefits,

will involve the State clearinghouse in

the development phase. Where such food stamps, or Supplemental Security Income.

early coordination is not possible, the

plan will be sent to the State clearing(d) Determination of Income Eligibility

house not later than simultaneously Required of Grantees. Proof of income

with the submission of the plan to eligibility is required. The period for

CSA; determining eligibility will be not (2) The State clearinghouse will demore than 12 months nor less than the termine the degree to which areawide 90 day period preceding the request for clearinghouses should be involved in assistance. When proof of eligibility is the review process and a normal 45 day unavailable, an applicant must sign a review period will be afforded, on an declaration of income eligibility. In after the fact basis; such cases, the local program operator (3) CSA's approval of the State Fundmust make a reasonable number of ing Plan will be conditional, in that spot checks to verify income eligi the State plan may be subject to pos

sible subsequent revision to accommo

date any appropriate recommendations (44 FR 58876, Oct. 11, 1979, as amended at 44

for its modification as provided by FR 76625, Dec. 27, 1979; 45 FR 8303, Feb. 7,

clearinghouses in the A-95 review proc1960]

ess. The State operating agency will be $ 1061.70–10 Termination of program.

instructed to make every effort to ac

commodate such recommendations and No funds under this program may be will provide appropriate clearinghouses obligated after June 30, 1980. For this with a statement as to its final judgprogram "obligation” shall mean cer- ment on each recommendation. As a tlfication for assistance by the pro- result of this requirement CSA must

bility.

require that any revisions made to the (d) Overerpenditures. If the grantee of State Funding Plan be submitted to record incurs expenditures in excess of the appropriate CSA Regional Office the total amount of the approved for approval;

grant, the amount of the (4) CSA will provide State and appro overexpenditure must be absorbed by priate areawide clearinghouses, via the grantee of record. Standard Form 424, with an informa (e) Procurement. In accordance with tion copy of the "block" grant award OMB Circulars A-110 and A-102 all proto the State agency receiving the

posed sole source contracts where only funds;

one bid or proposal is received in which (5) In addition the State agency will

the aggregate expenditure is expected provide, for each “sub-state" project

to exceed $5,000 must receive prior apgrant award, information to the State

proval by the appropriate CSA Reand appropriate areawide clearing

gional Office. houses as to the amount of monies

8 1061.70–13 Post-funding awarded, to whom, and the purpose of

require

ments. each award. For these sub-state award notifications the use of Standard Form

(a) Audit. The grantee of record will 424 is encouraged but is not mandatory.

not be required to have a separate

audit of this program. The program in(d) If a state fails to submit a State Funding Plan within 15 calendar days

cluding its contracted-out components

will be audited at the time of the of the effective date of these regulations or if a submitted plan is not ac

grantee of record's regularly scheduled

audit. Five copies of the audit shall be ceptable for approval, CSA may de

submitted by the auditor to the approvelop and implement a plan for the

priate CSA Regional Auditor concurstate.

rent with submission to the grantee of 8 1061.70–12 General funding policies.

record.

(b) Project Reporting. The grantee of (a) Matching Share. A matching share record is required to submit a Project is not required for this program. How Progress Review Report, CSA Form 440 ever, states and local program opera

on a quarterly basis to cover activities tors are encouraged to mobilize addi performed in this program. Grantees tional resources to supplement and will also submit bi-weekly, until Janusupport this program.

ary 30, 1980 the following information (b) Maintenance of Effort. Resources in addition to the other reporting refor similar services scheduled to be quirements: Total number of houseprovided this heating season under holds assisted, total number of individstate and local authorities shall not be uals assisted, total number of elderlyreduced because of this program nor headed households assisted, total dolshall this program be used as a sub- lars obligated for heating/fuel bills, stitute for such services. The Director total dollars obligated for other purof CSA may make exceptions only in poses. those situations where a strict applica- (c) Financial Reporting. The grantee tion of this requirement would result of record must submit a separate in unnecessary hardship or be incon Standard Form 269, Financial Status sistent with the purposes of the Energy Report, and a Standard Form 272, FedCrisis Assistance Program.

eral Cash Transactions Report, cover(c) Administrative Costs. The grantee ing activities for this program on a of record may expend up to 10% of the quarterly basis with a final report due total state grant for administrative 90 days after the end of the program. and program support costs. Where the The grantee of record shall follow these grantee has contracted out perform procedures for submission of the Standance of all or part of the work pro- ard Form 269 and the Standard Form gram, such as outreach, grantee must 272: One copy of each to the approprovide a reasonable portion of these priate CSA Regional Office, one copy of administrative funds to those program each to Grants Accounting Branch, F1operators to enable them to administernance and Grants Management Divithe program.

sion, CSA Headquarters, 1200 19th

Street, NW., Washington, DC 20506, and (d) No security deposit is required to one copy of each to Energy Crisis As- be paid except where such a deposit sistance Task Force, 2000 K Street, was required by state law or explicit NW., Suite 350, Washington, DC 20006. state regulations prior to September 1,

(d) Evaluation. In the event that CSA 1979 and, where required by law or regundertakes a national evaluation of ulation is included in a deferred paythis program, the cooperation of the ment arrangement. grantee of record, the local program operators, and that of participating $ 1061.70–16 State Funding Plans. utility/fuel vendors will be requested. The Governor will submit a State

(e) Prohibition against transfer to an Funding Plan to the appropriate CSA other grant. Funds unobligated at the Regional Office. The State Funding termination of the grant cannot be Plan will include the following: transferred by the grantee of record to (a) A letter from the Governor another grant.

waiving the 30-day comment period and (44 FR 58876, Oct 11, 1979; 45 FR 8303, Feb. 7,

a request for a specific amount of 1980)

funds.

(b) The following elements as de81081.70-14 CSA application review scribed in this subpart: and approval process.

(1) State Administering Agency. (a) CSA Regional Directors are dele

(2) Local Administering Agency(ies). gated the authority for final approval

(3) Timetable for Implementation. of grants under this program.

(4) Outreach Activities. (b) Based on a uniform review proc (5) Elderly Priority. ess, Regional Directors will determine (6) Renters. the adequacy of State Funding Plans. (7) Program Guidelines.

(c) Once a plan has been approved by (8) Appeals Process. the Regional Director, Regional Offices (c) Information on the following: will expedite the processing and for (1) A plan for monitoring to ensure ward the Statement of CSA Grant immediate investigation, and, if war(CSA Form 314) to the grantee of ranted, redress in cases of poor adminrecord chosen by the Governor. Upon istration of the program, faulty and/or receiving the CSA Form 314, the grant- inadequate eligibility certification, duee of record must sign it and return it plication and fraud. to the CSA Regional Office.

(2) A summary of administrative (d) A state may amend its State costs and the activities to be perFunding Plan only with the prior ap formed. proval of the appropriate CSA Regional (3) A list of the areas to be served by Director.

the program, the distribution of funds (e) When a state deviates from its ap by area, and the specific factors used in proved state plan, without CSA ap making the allocation. proval, upon investigation, CSA will (4) A plan for providing management take appropriate action.

and fiscal technical assistance to the

local administering agencies. 8 1061.70–16 Coordination with utility/ fuel vendors.

APPENDIX A TO SUBPART 1061.70—CSA The Governor must ensure that in

REGIONAL OFFICE ADDRESSES each case where payment is certified

Mr. Ivan Ashley, Regional Director, CSA Rethat:

gion I, E 400, John F. Kennedy Fed. Bldg., (a) Reconnection of utilities and/or Boston, Massachusetts 02203, Phone: (617) delivery of fuel is made upon certifi 223-4080/FTS 8-223-4080, Boston: Connectication for payment;

cut, Maine, Massachusetts, New Hamp(b) For any remaining balances, the

shire, Rhode Island, Vermont. customer is offered a deferred payment

Mr. John C. Finley, Acting Regional Direc

tor, CSA Region II, 28 Federal Plaza, 32nd arrangement or a level payment plan;

Floor, New York, New York 10007, Phone: (c) A reconnection charge is paid

(212) 264–1900/FTS-8-264–1900, New York: only where such a charge was company New Jersey, New York, Puerto Rico, Virgin practice prior to September 1, 1979; and Islands.

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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) 597–1139/ FTS-8-597–1139, Philadelphia: Delaware, District of Columbia, Maryland, Penn

sylvania, Virginia, West Virginia. Mr. William "Sonny" Walker, Regional Di

rector, 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, Ten

nessee. 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: Dlinois, Indiana, Michigan, Minnesota, Ohio,

Wisconsin. Mr. Ben T. Haney, Regional Director, CSA

Region VI, 1200 Main Street, Dallas, Texas 75202, Phone: (214) 767-6126/FTS 8-729 6126, Dallas: Arkansas, Louisana, New Mexico,

Oklahoma, Texas. Mr. Wayne Thomas, Regional Director, CSA

Region VII, 911 Walnut Street, Kansas City, Missouri 64106, Phone: (816) 374 3761/ FTS-8-758_3761, Kansas City: Iowa, Kansas, Missouri, Nebraska. Mr. David Vanderburgh, Regional Director,

CSA Region VIII, 1961 Stout Street, Federal Building, Denver, Colorado 80294, Phone: (303) 837-4767/FTS 8-327-4767, Denver: Colorado, Montana, North Dakota,

South Dakota, Utah, Wyoming. Mr. Alphonse Rodriguez, Regional Director,

CSA Region IX, 450 Golden Gate Avenue, Box 36008. San Francisco, California 94102, Phone: (415) 556-5400/FTS &-556-5400, San Francisco: Arizona, California, Hawaii, Ne

vada, Trust Territories. Mr. N. Dean Morgan, Regional Director, CSA

Region X, 1321 Second Avenue, Seattle, Washington 98101, Phone: (206) 442-4910/ FTS-8 399 4910, Seattle: Alaska, Idaho, Oregon, Washington.

Nonfarm family

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APPENDIX C

OFFICE OF ECONOMIC OPPORTUNITY

Community Action Program

Assurance of Compliance with the Office of
Economia Opportunity's Rogulatlons under

Titlo VI of the Civil Rights Aot of 1984

(hereinafter called the "Applicant") (Name of Applicant or Delegare Agency) AGREES THAT it will comply with eitle VI of the Civil Rights Act of 1964 (P.L. 88-352) and the Regulacions of the Office of Economic Opportunity issued pursuant to that citle (45 C.F.R. Part 1010), to the end chat no person in the United States shall, on the ground of nce, color, or national origin, be excluded from partici. pation in, be deaied che 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 participation, 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, of, 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 ovnership or possession of the property, whichever is longer. In all other cases, this assurance shall obligate the Applicant for the period dur ing which the Federal financial assistance is extended to it.

THIS ASSURANCE is given in consideration of and for the purpose of obca ining either directly or indirectly say ead 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 applicacions for Fedeal 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 representacions and agreements sade in chis assurance, and that the United States shall have the right co 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.

Dace

(Name of Applicant or Delegare Agency)

By

(President, Chairman of Board, or comparable authorized officual)

(Mailing Address)

CAP FORM 11 IRE

URN 11 (REV. JUN 69)

PREVIOUS EDITIONS ARE OBSOLETE.

UI CONCENENT POINTING OLIE 1960 - 1.

907.400

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