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areawide, and local comprehensive plans; and

(2) To assist ACTION in determining whether the project is in accord with Federal law, particularly those requiring consistency with State, areawide, or local plans. Comments or recommendations may include, but need not be limited to, information about the extent to which the proposed project:

(i) Duplicates, runs counter to, or needs to be coordinated with other projects or activities being carried out in or affecting the area; or

(ii) Might be revised to increase its effectiveness or efficiency in relationship to other State, area, or local programs and projects.

(c) Applications for continuation or renewal grants or applications not submitted to or acted upon by ACTION within one year after completion of clearinghouse review will be subject to re-review upon request of the clearinghouse.

§ 1228.7 Agency procedures for implementation of OMB Circular A-95.

Part I of Circular A-95 requires ACTION to:

(a) Inform potential applicants for assistance under the programs indicated in paragraph 1228.2 above of the requirements of Part I (1) in program information materials, (2) in response to inquiries respecting application procedures, (3) in preapplication conferences, or (4) by other means which will assure earliest contact between applicant and clearinghouse;

(b) Assure that all applications for assistance under programs covered by Circular A-95 have been submitted to appropriate clearinghouses for review prior to their submission to ACTION for funding;

(c) Return applications to the applicant which do not carry evidence that both areawide and State clearinghouses have been given an opportunity to review the application, with instructions to fulfill the requirements of Part I;

(d) Insure that all applications contain a State Application identified (SAI) number (This is mandatory for use in notifying clearinghouses of action taken on the application);

(e) Notify such clearinghouses within seven working days of any major action taken on such applications that have been reviewed by said clearinghouses; major actions will include awards, rejections, returns for amendment, deferrals, or withdrawals;

(f) Use Standard Form 424 for the Report of Federal Action to clearinghouses;

(g) Where a clearinghouse has recommended against approval of an application or approval only with specific and major substantive changes, and ACTION approves the application substantially as submitted, ACTION will provide the clearinghouse, along with the action notice, an explanation therefor; and

(h) Where a clearinghouse has recommended against approval of a project because it conflicts with or duplicates another Federal or federally assisted project, ACTION will consult with the agency assisting the referenced projects prior to acting, if it plans to approve the application.

§ 1228.8 Roles and responsibilities.

(a) State Program Director. The State Program Director shall: (1) Inform potential applicants for assistance under such programs of the requirements of Part I (i) in program informational materials (See below, Clearinghouse Requirements. ACTION Form A-780), (ii) in response to inquiries respecting application procedures, (iii) in preapplication conferences, or (iv) by other means which will assure earliest contact between applicant and clearinghouses.

(2) Assure that all applications for assistance under programs covered by Part I have been submitted to appropriate clearinghouses for review prior to their submission to ACTION. In cases where applications are received by the State Program Office and the applicant has not submitted a Notification of Intent or an application to the State and areawide clearinghouses, the applicant should be notified to submit the application to the clearinghouses for review and that ACTION will not be able to take any funding action until the review has been completed. When the applicant receives the clearinghouse reviews, it

will be necessary to complete a new application face page and forward it and any comments received to ACTION.

(3) Evaluate the comments furnished by the clearinghouses and forward his recommendation to the Project Review Board for final determination by the Regional Director.

(4) Furnish a copy of the face page of rejected, deferred, or withdrawn applications to the Grants Officer in time for him to comply with the requirement of notifying the clearinghouses within seven working days.

(b) Regional Director. (1) Where a clearinghouse has recommended against approval of an application or approval only with specific and major substantive changes, and ACTION approves the application substantially submitted, the Regional Director will provide the clearinghouse an explanation thereof.

(2) Where a clearinghouse has recommended against approval of a project because it conflicts with or duplicates another Federal or federally assisted project, the Regional Director will consult with the agency assisting the referenced projects prior to funding the application.

(c) Grants Officer. The Grants Officer shall serve as the coordinating official for A-95 in the Regional Office and as such shall be responsible for notifying the clearinghouses within seven working days of any major action taken on applications which have been reviewed by the clearinghouses. Major actions will include awards, rejections, deferrals, or withdrawals. The face page of the application of SF 424 will be utilized for this purpose.

APPENDIX-CLEARINGHOUSE REQUIREMENTS

Office of Management and Budget Circular No. A-95, Evaluation, Review, and Coordination of Federal and federally Assisted Programs and Projects, Part I, establishes clearinghouse procedures to be followed by applicants seeking Federal assistance under the following programs: Foster Grandparent Program, 72.001; Retired Senior Volun

teer Program, 72.002; and Senior Companion Program, 72.008.

In applying for assistance from ACTION for one of the programs listed above, you are requested to submit a Notification of Intent to the State and areawide clearinghouses no later than 175 days prior to the start date shown on the application.

Applicants are urged to contact the clearinghouses at the earliest possible time to obtain forms and instructions for insuring expeditious clearinghouse review.

Your Notification of Intent must contain at a minimum a summary description of the project for which you are seeking assistance and will include:

1. Identity of the applicant agency, organization, or individual.

2. The geographic location of the project to be assisted.

3. A brief description of the proposed project by type, purpose, general size or scale, estimated cost, beneficiaries, or other characteristics which will enable the clearinghouses to identify agencies of State or local governments having plans, programs, or projects that might be affected by the proposed project.

4. The ACTION program title and number under which assistance will be sought. (See program title and number above).

5. The estimated date by which you expect to formally file an application.

It is recommended that the enclosed SF424 be utilized for your Notification of Intent, with the concurrence of the clearinghouses.

Clearinghouses have 30 days from receipt of your notice to inform appropriate agencies of your proposed project. The review may be completed in this period and comments submitted to you.

In cases where the clearinghouses have not completed their review within 30 days, you should forward your application for assistance to the clearinghouses no later than 145 days prior to the start date on the application.

Since ACTION cannot take any action on your application until the requirements of the Circular have been met, it is most important that you submit your notification to the clearinghouses at the earliest feasible time in order to assure maximum time for effective coordination and to avoid the delay of the submission of your application to ACTION.

You must include with your application any comments made by or through the clearinghouses and complete Item 22(b) on the face page of the application.

CHAPTER XIII-OFFICE OF HUMAN DEVELOPMENT, DEPARTMENT OF HEALTH,

EDUCATION, AND WELFARE

Part 1301 1302

1303

1304

Page

Fee schedule for Head Start Program
Policies and procedures for selection, initial fund-
ing, and refunding of Head Start grantees, and
for selection of replacement grantees ....................
Procedures for appeals for Head Start delegate
agencies, and for opportunities to show cause
and hearings for head start grantees .........
Program performance standards for operation of
Head Start programs by grantees and delegate
agencies.......

Multipurpose Senior Centers

622

623

627

642

1326

663

......

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1361

1362

The State vocational rehabilitation program.
Project grants and other assistance in vocational
rehabilitation .......

706

747

1369

Vending Facility Program for the blind on federal
and other property ....

774

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X-Statutory maximum allowable fee charge is marginal. No fee will be assessed.

NOTE.-To allow for higher costs of living in Alaska and Hawaii, multiply family income by 0.8 and 0.87, respectively, and correlate the lowered income figure with the fee. This variation complies with the statutory language mandating that the fee schedule must be based upon the ability of the family to pay. A family with 2 or more children enrolled shall pay one full fee for the first 2 children, and 25 percent of that full fee for each additional child. The above fee schedule applies to both farm and nonfarm families. A family whose ability to pay has been impaired because of unusual medical and dental expenses or unusual casualty or theft loss(es) shall be eligible for a reduction on fee charge if the amount of unusual expenses exceeds 10 percent of the annual gross family income.

(Sec. 8, 86 Stat. 690 (42 U.S.C. 2809(a)(1)); sec. 602(n), 78 Stat. 530 (42 U.S.C. 2942(n)); Delegation of Authorities to Secretary of Health, Education, and Welfare, 34 FR 11398)

[38 FR 9434, Apr. 16, 1973]

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the need for selection of a replacement grantee where the continuing eligibility (legal status) and fiscal capability (financial viability) of a grantee to operate a Head Start program is cast in doubt by the cessation of funding under section 221 of the Act or by the occurrence of some other major change. It is intended that Head Start programs be administered effectively and responsibly; that applicants to administer programs receive fair and equitable consideration; and that the legal rights of current Head Start grantees be fully protected.

§ 1302.1-2 Definitions.

As used in this part

(a) The term "Act" means The Economic Opportunity Act of 1964.

(b) The term "community action agency" means a public or private nonprofit agency or organization designated as a community action agency by the Director of the Office of Economic Opportunity pursuant to section 210(a) or section 210(d) of the Act. (c) The term "community action program" means a program operated by a community action agency.

(d) The term "Head Start grantee" or "grantee" means a public or private nonprofit agency or organization whose application to operate a Head Start program pursuant to section 222(a)(1) of the Act has been approved by the responsible OCD official.

(e) The term "legal status" means the existence of an applicant or grantee as a public agency or organization under the law of the State in which it is located, or existence as a private nonprofit agency or organization as a legal entity recognized under the law of the State in which it is located. Existence as a private non-profit agency or organization may be established under applicable State or Federal law.

(f) The term "approvable application" means an application for a Head Start program, either as an initial application or as an application to amend an approved application covering an on-going Head Start program, which, in addition to showing that the applicant has legal status and financial viability, provides for comprehensive services for children and families and for effective and responsible administra

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