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AFDC at 1061.51-3 (d) and (e). No grantee may change these income eligibility guidelines. (See Appendix "B" 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".) 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 Energy 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.

(i) 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 need, current assistance being made available and community, areawide, or state networks available that might assist in responding to energy crisis needs.

(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 in § 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, grantees are encouraged to mobilize additional resources to supplement and support this program.

(d) Maintenance of effort. Assistance provided with funds made available under this program shall be in addition to, and not in substitution for, services previously provided without federal assistance.

(e) Procedures on denial of assistance. Grantees are subject to the provisions of 45 CFR § 1067.7 which requires them to have written proce

dures for the review of the partial or complete denial of assistance to any household or individual.

§ 1061.51-13 Post funding requirements.

(a) Financial reporting. Grantees shall follow normal procedures for submission of the SF-269 and SF-272 outlined in 45 CFR Part 1050, Subpart H.

(b) Project progress review reports. Grantees shall also follow normal procedures for the submission of the Project Progress Review Report (CSA Form 440) outlined in 45 CFR Part 1050, Subpart I.

(c) Audit requirement. The program including its contracted-out components will be audited at the time of the grantee's regularly scheduled CSA audit.

(d) Procurement. The procurement standards outlined in 45 CFR § 1050.160 are applicable to this program.

(e) Administrative costs. The grantee may expend up to 10% of the total grant for administrative costs except the ECIP Coordinator's salary may be charged against the ECIP program, other CSA programs and non-CSA funds.

(f) Prohibition against transfer to another grant. Funds unobligated at the termination of the grant cannot be transferred by the grantee of record to another grant.

§ 1061.51-14 Termination of program.

No funds under this program may be obligated after September 30, 1981. For this program, "obligation" shall mean certification for assistance by the program operator of a specific eligible household.

APPENDIX A-NAMES AND ADDRESSES OF MIGRANT CONDUITS

Migrant Conduits

New England Farmworkers Council (Serving: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont), 6 Frost Street, Springfield, Massachusetts 01105. ECIP Coordinator: Jane Malone, Phone: (413) 781-2145

Rural New York (Serving: New Jersey, New York), 339 East Avenue, Suite 305, Roch

ester, New York 14604. ECIP Coordinator: Kaven Carney, Phone: (716) 546-7180 Farmworkers Corporation of New Jersey (Serving: Delaware, Maryland, Pennsylvania, Virginia, West Virginia), 1400 West Landes Avenue, Vineland, New Jersey 08360. ECIP Coordinator: Tom Paque, Phone: (609) 691-7101

Mississippi Delta Housing Development Corporation (Serving: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee, Louisiana), 432 Highway 82 East, P.O. Box 847 Indianola, Mississippi 28751. ECIP Coordinator: Alvin Brown, Phone: (601) 887-4852 Minnesota Migrant Council (Serving: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin, South Dakota), P.O. Box 1231, St. Cloud, Minnesota 56301. ECIP Coordinator: Irving (Rich) Echola, Phone: (612) 253-7010

Coloneas Del Valle (Serving: Arkansas, New
Mexico, Oklahoma, Texas), P.O. Box 907,
San Juan, Texas 78759. ECIP Coordinator:
Tony Barco, Phone: (512) 781-9795
ORO Development Corporation (Serving:
Iowa, Kansas, Missouri, Nebraska), 1208
Kansas Avenue, Kansas City, Kansas
66105. ECIP Coordinator: Marco Marcano,
Phone: (913) 342-2121

North Dakota Migrant Council (Serving:
Colorado, Montana, North Dakota, Utah,
Wyoming), P.O. Box Drawer X, Grand
Forks, North Dakota 58201. ECIP Coordi-
nator: Jerry Nagel, Phone: (701) 746-6494
Campesinos Unidos (Serving: Arizona, Cali-
fornia, Nevada), P.O. Box 203, Brawley,
California 92227. ECIP Coordinator: Tony
Cornejo, Phone: (714) 344-4500

Idaho Migrant Council (Serving: Idaho, Oregon, Washington), 7155 Capitol Boulevard, Suite 406, Boise, Idaho 83706. ECIP Coordinator: Roger deLeon, Phone: (208) 345-9761

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APPENDIX C-CSA REGIONAL OFFICE ADDRESSES

Mr. Ivan Ashley, Regional Director, CSA, Region I, E-400, John F. Kennedy Federal Building, Boston, Massachusetts 02203, Phone: (817) 223-4080/FTS-8-223-4080. Boston: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont.

Ms. Josephine P. Nieves, Regional Director,
CSA, Region II, 26 Federal Plaza, 32nd
Floor, New York, New York 10007, Phone:
(212) 364-1900/FTS-8-364-1900.
York: New Jersey, New York, Puerto Rico,
Virgin Islands.

New

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) 5971139/FTS-8-597-1139. Philadelphia: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. Mr. William "Sonny" Walker, Regional Director, 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, Tennessee.

Mr. Glenwood Johnson, Regional Director, CSA, Region V, 300 South Wacker Drive, 24th Floor, Chicago, Illinois 60606. Phone: (312) 252-5562/FTS-8-353-5562. Chicago: Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin.

Mr. Ben T. Haney, Regional Director, CSA, Region VI, 1200 Main Street, Dallas, Texas 75202, Phone: (214) 767-6126/FTS8-729-6126. Dallas: Arkansas, Louisiana, New Mexico, Oklahoma, Texas.

Mr. Wayne Thomas, Regional Director, CSA, Region VII, 911 Walmut 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 Rodriquez, Regional Director, CSA, Region IX, 450 Golden Gate Avenue, Box 36008, San Francisco, California 94102, Phone: (415) 556-5400/FTS-8-5565400. San Francisco: Arizona, California, Hawaii, Nevada, 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.

APPENDIX D-CSA NATIONAL FARMWORKERS DESK ADDRESS

Office of Farmworkers Programs, Attn: Mr. Eduardo Gutierrez, 1200 19th Street, NW., Washington, D.C. 20506, Phone: (202) 2545400.

Subpart 1061.70-Energy Crisis Assistance Program

SOURCE: 44 FR 58876, Oct. 11, 1979, unless otherwise noted.

§ 1061.70-1 Effective date. October 11, 1979.

§ 1061.70-2 Applicability.

This Subpart is applicable to Energy Crisis Assistance Program (ECAP) grants funded under section 222(a)(5) of the Economic Opportunity Act of 1964, as amended, if administered by the Community Services Administration and to grants awarded by the Department of Health, Education, and

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Welfare to supplement ECAP grants made by the Community Services Administration.

[44 FR 76524, Dec. 27, 1979]

§ 1061.70-3 Policy.

(a) The primary intent of the program is to make funds available to states to enable Governors to respond to energy-related crises affecting poor and near poor households, which are caused by the high cost of energy and an anticipated severe winter.

(b) This one-time CSA-funded program does not entitle any household to a certain amount and/or form of assistance.

§ 1061.70-4 Who can apply for funds.

(a) Governors of each State, Puerto Rico and the Virgin Islands, and the Mayor of the District of Columbia may apply for funds under this program. (Note: All references in this document to "Governor" include the Mayor of the District of Columbia.)

(b) The funds will be distributed by CSA among the States and the District of Columbia according to a formula based on climate, fuel, and lowincome population factors. If additional funds for this program become available, CSA may revise the distribution formula if conditions so warrant.

(c) To make a request, the Governor will submit a State Funding Plan to the CSA Regional Office serving his/ her state. (See Appendix A). This will begin the formal application process.

(d) For further information regarding the application process see § 1061.70-11.

§ 1061.70-5 Administration of the program at the State level.

The Governor may choose any agency to serve as the grantee of record for this program, which meets the following criteria:

(a) Has proven experience in administering, monitoring, or operating programs for the poor;

(b) Will be able to implement the program and provide services in a timely manner throughout the state;

(c) Has a sound fiscal system and proven acceptability of its audits; and

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The Governor also has the flexibility to choose the local administering agency(ies), such as community action agencies, aging offices and welfare offices. [Note: This does not preclude using the single state grantee as a deliverer.] However, in making the determination regarding the local operator(s), the Governor must assure that the operator(s) has:

(a) Experience in operating programs that serve the poor;

(b) The ability to carry out, or arrange for the outreach activities outlined in § 1061.70-7; and

(c) An adequate accounting system with appropriate fiscal controls.

§ 1061.70-7 How a local program is operated.

(a) Serving Clients-(1) Reaching Potential Clients. (i) The local administering agency is required to provide assistance to those households that do not have access to other supportive service networks but are income eligible for this program as well as to those who do have such access.

(ii) To carry out this mandate effectively, local delivery systems must notify, inform, and contact persons, including those individuals receiving unemployment compensation, potentially eligible for this program through, for example, the use of outreach workers, community groups, decentralized intake and certification systems, mass mailings, radio and T.V. spots, use of community newspapers, church bulletins, etc. In the State Funding Plan, the Governor must describe how outreach services will be provided to potential clients eligible for services. Ex

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