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operator of a specific eligible household.

(44 FR 76525, Dec. 27, 1979)

a

of energy allowances shall not preclude eligibility under the Energy Crisis Assistance Program nor shall energy allowances be considered as income in determining income eligibility.

(b) Program eligibility. The Governor may specify certain program eligibility criteria by defining what constitutes an energy-related crisis in that particular state. Where a Governor wants to establish such eligibility criteria, he/she must provide an explanation and justification in the State Funding Plan for the eligibility criteria selected as well as a description of the procedures to be used in determining the program eligibility. The Governor may not require proof of unpaid fuel bills or notices of termination of utility service as criteria for eligibility under this program. The Governor also has the option to use income eligibility criteria as the sole eligibility criteria. Energy allowances shall be taken into consideration in determining program eligibility as indicated § 1061.70-7 (b) of this subpart.

(c) Income Disregard. Payments made under this program are not to be considered as income or resources for purposes of determining eligibility or benefits under any income maintenance program including, but not limited to public assistance, veterans benefits, food stamps, or Supplemental Security Income.

(d) Determination of Income Eligibility Required of Grantees. Proof of income eligibility is required. The period for determining eligibility will be not more than 12 months nor less than the 90 day period preceding the request for assistance. When proof of eligibility is unavailable, an applicant must sign a declaration of income eligibility. In such cases, the local program operator must make a reasonable number of spot checks to verify income eligibility. [44 FR 58876, Oct. 11, 1979, as amended at 44 FR 76525, Dec. 27, 1979; 45 FR 8303, Feb.

8 1061.70-11 How Governor requests

funds. (a) Applications for funds under this program will be for statewide coverage. CSA will establish set-asides to serve Native Americans and farmworker groups.

(b) Within 15 calendar days of the effective date of this subpart, the Governor will submit a State Funding Plan to the appropriate CSA Regional Office with all the information required in § 1061.70-16. The State Funding Plan must provide a timetable indicating when services will be provided at the local level.

(c) CSA requested from OMB a complete waiver of the clearinghouse review procedures for the FY 80 Energy Crisis Assistance Program. OMB has granted a waiver under the following conditions transmitted in a letter dated August 29, 1979:

(1) The Governor's State Funding Plan will be subject to modified procedures of Part III of A-95. To the fullest practicable degree, the State agency responsible for development of the plan will involve the State clearinghouse in the development phase. Where such early coordination is not possible, the plan will be sent to the State clearinghouse not later than simultaneously with the submission of the plan to CSA;

(2) The State clearinghouse will determine the degree to which areawide clearinghouses should be involved in the review process and a normal 45 day review period will be afforded, on an after the fact basis;

(3) CSA's approval of the State Funding Plan will be conditional, in that the State plan may be subject to possible subsequent revision to accommodate any appropriate recommendations for its modification as provided by clearinghouses in the A-95 review process. The State operating agency will be instructed to make every effort to accommodate such recommendations and will provide appropriate clearinghouses with a statement as to its final judgment on each recommen

7, 1980)

8 1061.70-10 Termination of program.

No funds under this program may be obligated after June 30, 1980. For this program "obligation" shall mean certification for assistance by the program

dation. As a result of this requirement CSA must require that any revisions made to the State Funding Plan be submitted to the appropriate CSA Regional Office for approval;

(4) CSA will provide State and appropriate areawide clearinghouses, via Standard Form 424, with an information copy of the “block” grant award to the State agency receiving the funds;

(5) In addition the State agency will provide, for each “sub-state" project grant award, information to the State and appropriate areawide clearinghouses as to the amount of monies awarded, to whom, and the purpose of each award. For these sub-state award notifications the use of Standard Form 424 is encouraged but is not mandatory.

(d) If a state fails to submit a State Funding Plan within 15 calendar days of the effective date of these regulations or if a submitted plan is not acceptable for approval, CSA may develop and implement a plan for the state.

(d) Overexpenditures. If the grantee of record incurs expenditures in excess of the total amount of the approved grant, the amount of the overexpenditure must be absorbed by the grantee of record.

(e) Procurement. In accordance with OMB Circulars A-110 and A-102 all proposed sole source contracts where only one bid or proposal is received in which the aggregate expenditure is expected to exceed $5,000 must receive prior approval by the appropriate CSA Regional Office.

§ 1061.70-12 General funding policies.

(a) Matching Share. A matching share is not required for this program. However, states and local program operators are encouraged to mobilize additional resources to supplement and support this program.

(b) Maintenance of Effort. Resources for similar services scheduled to be provided this heating season under state and local authorities shall not be reduced because of this program nor shall this program be used as a substitute for such services. The Director of CSA may make exceptions only in those situations where a strict application of this requirement would result in unnecessary hardship or be inconsistent with the purposes of the Energy Crisis Assistance Program.

(c) Administrative Costs. The grantee of record may expend up to 10% of the total state grant for administrative and program support costs. Where the grantee has contracted out performance of all or part of the work program, such as outreach, grantee must provide a reasonable portion of these administrative funds to those program operators to enable them to administer the program.

$ 1061.70-13 Post-funding requirements.

(a) Audit. The grantee of record will not be required to have a separate audit of this program. The program including its contracted-out components will be audited at the time of the grantee of record's regularly scheduled audit. Five copies of the audit shall be submitted by the auditor to the appropriate CSA Regional Auditor concurrent with submission to the grantee of record.

(b) Project Reporting. The grantee of record is required to submit a Project Progress Review Report, CSA Form 440 on a quarterly basis to cover activities performed in this program. Grantees will also submit bi-weekly, until January 30, 1980 the following information in addition to the other reporting requirements: Total number of households assisted, total number of individuals assisted, total number of elderly-headed households assisted, total dollars obligated for heating/fuel bills, total dollars obligated for other purposes.

(c) Financial Reporting. The grantee of record must submit a separate Standard Form 269, Financial Status Report, and a Standard Form 272, Federal Cash Transactions Report, covering activities for this program on a quarterly basis with a final report due 90 days after the end of the program. The grantee of record shall follow these procedures for submission of the Standard Form 269 and the Standard Form 272: One copy of each to the appropriate CSA Regional Office, one copy of each to Grants ACcounting Branch, Finance and Grants Management Division, CSA Headquar

ters, 1200 19th Street, N.W., Washing- (c) A reconnection charge is paid ton, D.C. 20506, and one copy of each only where such a charge was compato Energy Crisis Assistance Task ny practice prior to September 1, 1979; Force, 2000 K Street, N.W., Suite 350, and Washington, D.C. 20006.

(d) No security deposit is required to (d) Evaluation. In the event that be paid except where such a deposit CSA undertakes a national evaluation was required by state law or explicit of this program, the cooperation of state regulations prior to September 1, the grantee of record, the local pro- 1979 and, where required by law or gram operators, and that of participat- regulation is included in a deferred ing utility/fuel vendors will be re- payment arrangement. quested. (e) Prohibition against transfer to

§ 1061.70-16 State Funding Plans. another grant. Funds unobligated at The Governor will submit a State the termination of the grant cannot be Funding Plan to the appropriate CSA transferred by the grantee of record to Regional Office. The State Funding another grant.

Plan will include the following: [44 FR 58876, Oct 11, 1979; 45 FR 8303, Feb.

(a) A letter from the Governor waiv7, 1980)

ing the 30-day comment period and a

request for a specific amount of funds. 8 1061.70-14 CSA application review and (b) The following elements as deapproval process.

scribed in this subpart: (a) CSA Regional Directors are dele

(1) State Administering Agency. gated the authority for final approval

(2) Local Administering Agency(ies). of grants under this program.

(3) Timetable for Implementation. (b) Based on a uniform review proc

(4) Outreach Activities. ess, Regional Directors will determine (5) Elderly Priority. the adequacy of State Funding Plans. (6) Renters.

(c) Once a plan has been approved (7) Program Guidelines. by the Regional Director, Regional Of- (8) Appeals Process. fices will expedite the processing and (c) Information on the following: forward the Statement of CSA Grant (1) A plan for monitoring to ensure (CSA Form 314) to the grantee of immediate investigation, and, if warrecord chosen by the Governor. Upon ranted, redress in cases of poor adminreceiving the CSA Form 314, the istration of the program, faulty and/ grantee of record must sign it and or inadequate eligibility certification, return it to the CSA Regional Office. duplication and fraud.

(d) A state may amend its State (2) A summary of administrative Funding Plan only with the prior ap- costs and the activities to be perproval of the appropriate CSA Region- formed. al Director.

(3) A list of the areas to be served by (e) When a state deviates from its the program, the distribution of funds approved state plan, without CSA ap- by area, and the specific factors used proval, upon investigation, CSA will in making the allocation. take appropriate action.

(4) A plan for providing manage

ment and fiscal technical assistance to 8 1061.70-15 Coordination with utility/

the local administering agencies. fuel vendors. The Governor must ensure that in each case where payment is certified APPENDIX A-CSA REGIONAL OFFICE that:

ADDRESSES (a) Reconnection of utilities and/or delivery of fuel is made upon certifica

Mr. Ivan Ashley, Regional Director, CSA tion for payment;

Region I, E-400, John F. Kennedy Fed.

Bldg., Boston, Massachusetts 02203, (b) For any remaining balances, the

Phone: (617) 223-4080/FTS-8-223-4080, customer is offered a deferred pay

Boston: Connecticut, Maine, Massachument arrangement or a level payment setts, New Hampshire, Rhode Island, Verplan;

mont.

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Mr. John C. Finley, Acting Regional Direc

tor, CSA Region II, 26 Federal Plaza, 32nd Floor, New York, New York 10007, Phone: (212) 264-1900/FTS-8-264-1900, New York: New Jersey, New York, Puerto Rico,

Virgin Islands. 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 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, Tennessee. 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: 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, 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-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) 4424910/FTS-8-399-4910, Seattle: Alaska, Idaho, Oregon, Washington.

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APPENDIX C

OFFICE OF ECONOMIC OPPORTUNITY

Community Action Program

Assurance of Compliance with the Office of
Economio Opportunity's Regulations under

Titl. VI of the Civil Rights Act of 1964

(hereinafter called the "Applicanc") (Name of Applicant or Delegace Agency) AGREES THAT it will comply with title VI of the Civil Righes 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 that no person in the United States shall, on the ground of race, color, or nacional origin, be excluded from partici. pacion in, be denied the 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 panici. pacion, wich 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 for interest cherein or structures thereon, the assurance shall obligate the Applicant, or, ia the case of a subsequent cransfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assiscance is extended or for another purpose involving the provision of similar services and benefits, or for as long as the Applicant recains ownership or possession of the prope erty, whichever is longer. In all other cases, this assurance shall obligate the Applicant for the period duro 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 day and all Federal grants, loans, contracts, property, or discounts, the referral or assignment of VISTA volunteers, or other Fedenl financial assistance extended after the date hereof to the applicant by the Office of Economic Opportunity, including installment payments after such dace on account of applicacions for Fedenl financial assistance which were approved before such date. The Applicant recognizes and agrees chat such Federal financial assistance will be extended in reliance on the representacions and agreements made in this assurance, and that the United States shall have the righe co seek judicial enforcement of this assurance. This assurance is binding on the Applicane, 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.

Dare

(Name of Applicant or Delegace Agency)

By

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

(Mailing Address)

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US GOVERNMENT PRINTING OFFICE 1966 - 13.-16

907.40.

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