Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6121

1997, and also reside in a foreign

country, all persons who are or become

entitled to benefits on that earnings

record will be assigned to the 3rd day

of the month as the monthly payment

day. We will notify you in writing if

your monthly payment day is being

changed to the 3rd of the month due to

this provision.

(4) If you or any other person become

entitled on the earnings record of the

insured individual based on an

application filed after April 30, 1997,

and are not entitled to SSI but are or

become eligible for the State where you

live to pay your Medicare premium

under the provisions of § 1843 of the

Act, all persons who are or become

entitled to benefits on that earnings

record will be assigned to the 3rd day

of the month as the monthly payment

day. We will notify you in writing if

your monthly payment day is being

changed to the 3rd of the month due to

this provision.

(5) After April 30, 1997, all

individuals who become entitled on one

record and later entitled on another

record, without a break in entitlement,

will be paid all benefits to which they

are entitled no later than their current

payment day. Individuals who are being

paid benefits on one record on the 3rd

of the month, and who become entitled

on another record without a break in

entitlement, will continue to receive all

benefits on the 3rd of the month.

(6) If the day regularly scheduled for

the delivery of your benefit payment

falls on a Saturday, Sunday, or Federal

legal holiday, you will be paid on the

first preceding day that is not a

Saturday, Sunday, or Federal legal

holiday.

[FR Doc. 97–3205 Filed 2–10–97; 8:45 am]

BILLING CODE 4190–29–P

DEPARTMENT OF VETERANS

AFFAIRS

38 CFR Part 17

RIN 2900–AH89

VA Homeless Providers Grant and Per

Diem Program Clarification of Per

Diem Eligibility

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

regulations implementing the VA

Homeless Providers Grant and Per Diem

Program concerning per diem assistance

by: Establishing more detailed criteria

for determining which entities are

eligible for obtaining per diem

assistance; establishing a priority for

funding eligible entities: Clarifying the

requirements for continued receipt of

per diem payments; and clarifying the

maximum amount payable for per diem

assistance. This rule is designed to

ensure that the appropriate entities

receive the appropriate amount of per

diem assistance under fair and objective

procedures.

EFFECTIVE DATES: March 13, 1997.

FOR FURTHER INFORMATION CONTACT:

Roger Casey, VA Homeless Providers

Grant and Per Diem Program, Mental

Health Strategic Health Group (116E),

Department of Veterans Affairs, 810

Vermont Avenue, NW, Washington, DC

20420; (202) 273–8442. (This is not a

toll-free number.)

SUPPLEMENTARY INFORMATION: In the

Federal Register of July 16, 1996 (61 FR

37024), VA published a proposal to

amend the regulations implementing the

VA Homeless Providers Grant and Per

Diem Program. Interested persons were

invited to submit written comments on

or before September 16, 1996. No

comments were received. The

information presented in the proposed

rule document still provides a basis for

this final rule. Therefore, based on the

rationale set forth in the proposed rule

document, we are adopting the

provisions of the proposed rule as a

final rule with changes discussed below

and with nonsubstantive changes.

Paperwork Reduction Act

Information collection and

recordkeeping requirements associated

with this final rule concerning VA

Homeless Providers Grants (38 CFR

17.710–17.714) have been approved by

OMB under the provisions of the

Paperwork Reduction Act (44 U.S.C.

3501–3520) and have been assigned

OMB Control Number 2900–0554. The

regulations require that the application

for VA Homeless Providers Grants be

submitted on VA forms included in the

application package. The corresponding

form numbers are included in the text

of the rule.

Information collection and

recordkeeping requirements associated

with this final rule concerning the VA

Homeless Providers Per Diem have not

been approved by OMB under the

provisions of the Paperwork Reduction

Act. OMB has withheld approval

pending review of any comments

received. VA intends to obtain OMB

control numbers for the information

collection requirements concerning VA

Homeless Providers Per Diem. Once

OMB approval is received, OMB control

numbers will be announced by a

separate Federal Register document.

VA is not authorized to impose a

penalty on persons for failure to comply

with information collection

requirements which do not display a

current OMB control number, if

required.

Regulatory Flexibility Act

The Secretary hereby certifies that the

provisions of the final rule will not have

a significant economic impact on a

substantial number of small entities as

they are defined in the Regulatory

Flexibility Act (RFA), 5 U.S.C. 601–602.

In all likelihood, only similar entities

that are small entities will participate in

the Homeless Providers Grant and Per

Diem Program, therefore, pursuant to 5

U.S.C. 605(b), this final rule is exempt

from the initial and final regulatory

flexibility analysis requirement of

sections 603 and 604.

The Catalog of Federal Domestic

Assistance program number is 64.024.

List of Subjects in 38 CFR Part 17

Administrative practice and

procedure, Alcohol abuse, Alcoholism,

Claims, Day care, Dental health, Drug

abuse, Foreign relations, Government

contracts, Grant programs-health, Grant

programs-veterans, Health care, Health

facilities, Health professions, Health

records, Homeless, Medical and dental

schools, Medical devices, Medical

research, Mental health programs,

Nursing homes, Philippines, Reporting

and record-keeping requirements,

Scholarships and fellowships, Travel

and transportation expenses, Veterans.

Approved: January 31, 1997.

Jesse Brown,

Secretary of Veterans Affairs.

For the reasons set forth in the

preamble, 38 CFR part 17 is amended as

set forth below:

PART 17—MEDICAL

1. The authority citation for part 17

continues to read as follows:

Authority: 38 U.S.C. 501, 1721, unless

otherwise noted.

§ 17.700 [Amended]

2. In § 17.700, paragraph (a) is

amended by removing ‘‘17.715(a)’’ and

adding, in its place, ‘‘17.716’’.

3. Sections 17.710 through 17.719 are

revised to read as follows:

§ 17.710 Application requirements.

(a) General. Applications for grants

must be submitted in the form

prescribed by VA in the application

package, must meet the requirements of

this part, and must be submitted within

the time period established by VA in the

notice of fund availability under
6122 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

§ 17.708 of this part. The application

packet includes exhibits to be prepared

and submitted as part of the application

process, including:

(1) Justification for the project by

addressing items listed in § 17.711(c) of

this part;

(2) Site description, design, and cost

estimates (VA Forms 10–0362G, 10–

0362H);

(3) Documentation on eligibility to

receive assistance under this part (VA

Form 10–0362J);

(4) Documentation on matching funds

committed to the projects (VA Forms

10–0362N, 10–0362M);

(5) Documentation on operating

budget and cost sharing (VA Form 10–

0362P);

(6) Documentation on supportive

services committed to the project (VA

Form 10–0362o);

(7) Documentation on site control and

appropriate zoning, and on the

boundaries of the area or community

proposed to be served (VA Form 10–

0362Q);

(8) Applicants who are States must

submit any comments or

recommendations by appropriate State

(and areawide) clearinghouses pursuant

to E.O. 12372 (3 CFR, 1982 Comp., p.

197) (Standard Form SF 424); and

(9) Reasonable assurances with

respect to receipt of assistance under

this part that (VA Form 10–0362K):

(i) The project will be used

principally to furnish to veterans the

level of care for which such application

is made; that not more than 25 percent

of participants at any one time will be

nonveterans; and that such services will

meet standards prescribed by VA;

(ii) Title to such site or van will vest

solely in the applicant;

(iii) Each recipient will keep those

records and submit those reports as VA

may reasonably require, within the time

frames required; and give VA, upon

demand, access to the records upon

which such information is based; and

(iv) Adequate financial support will

be available for the purchase of the van

or completion of the project, and for its

maintenance, repair and operation.

(b) Pre-award expenditures. Costs

incurred for a project after the date VA

notifies an applicant that the project is

feasible for VA participation are

allowable costs if the application is

approved and the grant is awarded.

These pre-award expenditures include

architectural and engineering fees. Such

notification occurs when VA requests

information for the second submission

portion of the application.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0554.)

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.711 Rating criteria for applications.

(a) General. Applications will be

assigned a rating score and placed in

ranked order, based upon the criteria

listed in paragraphs (b) through (d) of

this section.

(b) Threshold review. Applicants will

undergo a threshold review prior to

rating and ranking, to ensure they meet

the following:

(1) Forms, time, and adequacy.

Applications must be filed in the form

prescribed by VA in the application

process and within the time established

in the Notice of Funding Availability

(NOFA).

(2) Application eligibility. The

applicant and project sponsor, if

relevant, must be eligible to apply for

the specific program.

(3) Eligible population to be served.

The population proposed to be served

must be homeless veterans and meet

other eligibility requirements of the

specific program.

(4) Eligible activities. The activities for

which assistance is requested must be

eligible for funding under this part (e.g.,

new programs or new components of

existing programs).

(5) Outstanding audit findings. No

organization that receives assistance

may have an outstanding obligation to

VA that is in arrears or for which a

payment schedule has not been agreed

to, or whose response to an audit is

overdue or unsatisfactory.

(c) Rating and ranking of first

submission. Applicants that pass the

threshold review will then be rated

using the eight selection criteria listed

in paragraphs (c)(1) through (c)(8) of this

section. Applicants must receive at least

600 points (out of a possible 1,200) and

must receive points under criteria 1, 2,

3, 4, and 8. Applicants that are applying

as an innovative supportive housing

project must achieve points under the

innovative quality of the proposal

criterion.

(1) Quality of the project—300 points

(VA Forms 10–0362A, 10–0362D);.

(2) Targeting to persons on streets and

in shelters—150 points (VA Form 10–

0362C);

(3) Ability of the applicants to

develop and operate a project—200

points (VA Form 10–0362E);

(4) Need for the type of project

proposed in the area to be served—150

points (VA Form 10–0362B);

(5) Innovative quality of the

proposal—50 points (VA Forms 10–

0362A, 10–0362D);

(6) Leveraging—50 points (VA Form

10–0362F);

(7) Cost-effectiveness—100 points (VA

Form 10–0362A); and

(8) Coordination with other

programs—200 points (VA Form 10–

0362D–1).

(d) Selection criteria—(1) Quality of

the project. VA will award up to 300

points based on the extent to which the

application presents a clear, wellconceived and thorough plan for

assisting homeless veterans to achieve

residential stability, increased skills

and/or income, and more influence over

decisions that affect their lives. Higher

ratings will be assigned to those

applications that clearly describe:

(i) How program participants will

achieve residential stability, including

how available supportive services will

help participants reach this goal;

(ii) How program participants will

increase their skill level and/or income,

including how available supportive

services will help participants reach this

goal;

(iii) How program participants will be

involved in making project decisions

that affect their lives, including how

they will be involved in selecting

supportive services, establishing

individuals goals and developing plans

to achieve these goals so that they

achieve greater self-determination;

(iv) How permanent affordable

housing will be identified and made

available to participants upon leaving

the transitional housing, and how

participants will be provided necessary

follow-up services to help them achieve

stability in the permanent housing;

(v) How the service needs of

participants will be assessed on an

ongoing basis;

(vi) How the proposed housing, if any,

will be managed and operated;

(vii) How participants will be assisted

in assimilating into the community

through access to neighborhood

facilities, activities and services;

(viii) How and when the progress of

participants toward meeting their

individual goals will be monitored and

evaluated;

(ix) How and when the effectiveness

of the overall project in achieving its

goals will be evaluated and how

program modifications will be made

based on those evaluations; and

(x) How the proposed project will be

implemented in a timely fashion.

(2) Targeting to persons on streets and

in shelters. VA will award up to 150

points based on:

(i) The extent to which the project

will serve homeless veterans living in

places not ordinarily meant for human

habitation (e.g., streets, parks,

abandoned buildings, automobiles,

under bridges, in transportation
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6123

facilities) and those who reside in

emergency shelters; and

(ii) The likelihood that proposed

plans for outreach and selection of

participants will result in these

populations being served.

(3) Ability of applicant to develop and

operate a project. VA will award up to

200 points based on the extent to which

those who will be involved in carrying

out the project have experience in

activities similar to those proposed in

the application. Ratings will be assigned

based on the extent to which the

application demonstrates experience in

the following areas:

(i) Engaging the participation of

homeless veterans living in places not

ordinarily meant for human habitation

and in emergency shelters;

(ii) Assessing the housing and

relevant supportive service needs of

homeless veterans;

(iii) Accessing housing and relevant

supportive service resources;

(iv) If applicable, contracting for and/

or overseeing the rehabilitation or

construction of housing;

(v) If applicable, administering a

rental assistance program;

(vi) Providing supportive services for

homeless veterans;

(vii) Monitoring and evaluating the

progress of persons toward meeting

their individual goals; and

(viii) Evaluating the overall

effectiveness of a program and using

evaluation results to make program

improvements.

(4) Need. VA will award up to 150

points based on the applicant’s

demonstrated understanding of the

needs of the specific homeless veteran

population proposed to be served in the

specified area or community. Ratings

will be made based on the extent to

which applicants demonstrate:

(i) Substantial unmet needs,

particularly among the target population

living in places not ordinarily meant for

human habitation (e.g., streets) and in

emergency shelters, based on reliable

data from surveys of homeless

populations, a Comprehensive Housing

Affordability Strategy (CHAS), or other

reports or data gathering mechanisms

that directly support claims made;

(ii) An understanding of the homeless

population to be served and its unmet

housing and supportive service needs.

(5) Innovative quality of the proposal.

Applicants who have indicated in their

application that they are applying under

the innovative supportive housing

component must receive points under

this criteria to be eligible for award. VA

will award up to 50 points based on the

innovative quality of the proposal, when

compared to other applications and

projects; in terms of:

(i) Helping homeless veterans or

homeless veterans with disabilities to be

served to reach residential stability,

increase their skill level and/or income

and increase the influence they have

over decisions that affect their lives; and

(ii) A clear link between the

innovation(s) and its proposed effect(s);

and

(iii) Its ability to be used as a model

for other projects.

(6) Leveraging. VA will award up to

50 points based on the extent to which

resources from other public and private

sources, including cash and the value of

third party contributions, have been

committed to support the project at the

time of application. Note: Any applicant

who wishes to receive points under this

criterion must submit documentation of

leveraged resources which meets the

requirements stated in the application.

This is optional; applicants who cannot,

or choose not to, provide firm

documentation of resources as part of

the application will forego any points

for leveraging.

(7) Cost-effectiveness. VA will award

up to 100 points for cost-effectiveness.

Projects will be rated based on the cost

and number of new supportive housing

beds made available or the cost, amount

and types of supportive services made

available, when compared to other

transitional housing and supportive

services projects, and when adjusted for

high-cost areas. Cost-effectiveness may

include using excess government

properties (local, State, Federal), as well

as demonstrating site control at the time

of application.

(8) Coordination with other programs.

VA will award up to 200 points based

on the extent to which applicants

demonstrate that they have coordinated

with Federal, State, local, private and

other entities serving homeless persons

in the planning and operation of the

project. Such entities may include

shelter transitional housing, health care,

or social service providers; providers

funded through Federal initiatives; local

planning coalitions or provider

associations; or other programs relevant

to the local community. Applicants are

required to demonstrate that they have

coordinated with the VA medical care

facility of jurisdiction and VA Regional

Offices of jurisdiction in their area.

Higher points will be given to those

applicants who can demonstrate that:

(i) They are part of an ongoing

community-wide planning process

which is designed to share information

on available resources and reduce

duplication among programs that serve

homeless veterans;

(ii) They have consulted directly with

other providers regarding coordination

of services for project participants. VA

will award up to 50 points of the 200

points for this criterion based on the

extent to which commitments to

provide supportive services are

available at the time of application.

Applicants who wish to receive points

under this optional criterion must

submit documentation of supportive

service resources.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0554.)

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.712 Selecting applications.

(a) General. The highest-ranked

applications will be conditionally

selected in accordance with their ranked

order, as determined under § 17.711 of

this part. Each will be requested, as

necessary, to provide additional project

information, as described in § 17.713 of

this part as a prerequisite to a grant from

VA.

(b) Ties between applicants. In the

event of a tie between applicants, VA

will use the selecting criterion in

§ 17.711(d)(4) of this part, need for the

type of project proposed in the area to

be served, to determine which

application should be selected for

potential funding.

(c) Procedural error. If an application

would have been selected but for a

procedural error committed by VA, VA

will select that application for potential

funding when sufficient funds become

available if there is no material change

in the information that resulted in its

selection. A new application will not be

required for this purpose.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0554.)

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.713 Obtaining additional information

and awarding grants.

(a) Additional information.

Applicants who have been conditionally

selected will be requested by VA to

submit additional project information,

as described in the second submission

of the application, which may include:

(1) Documentation to show that the

project is feasible.

(2) Documentation showing the

sources of funding for the project and

firm financing commitments for the

matching requirements described in

§ 17.706 of this part.

(3) Documentation showing site

control, as described in § 17.731 of this

part.

(4) Information necessary for VA to

ensure compliance with the provisions
6124 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

of the National Environmental Policy

Act of 1969 (42 U.S.C. 4321, et seq.), as

described in § 17.714 of this part.

(5) A site survey performed by a

licensed land surveyor. A description of

the site shall be submitted noting the

general characteristics of the site. This

should include soil reports and

specifications, easements, main

roadway approaches, surrounding land

uses, availability of electricity, water

and sewer lines, and orientation. The

description should also include a map

locating the existing and/or new

buildings, major roads, and public

services in the geographic area.

Additional site plans should show all

site work including property lines,

existing and new topography, building

locations, utility data, and proposed

grades, roads, parking areas, walks,

landscaping, and site amenities.

(6) Design development (35 percent)

drawings.

(i) The applicant shall provide to VA

one set of sepias and two sets of prints,

rolled individually per set, to expedite

the review process. The drawing shall

indicate the designation of all spaces,

size of the areas and rooms, and indicate

in outline the fixed and moveable

equipment and furniture. The drawings

shall be drawn at 1⁄8′′ or 1⁄4′′ scale.

Bedroom and toilet layouts, showing

clearances and Uniform Federal

Accessibility Standards requirements,

should be shown at 1⁄4′′ scale. The total

floor and room areas shall be shown in

the drawings. The drawings shall

include:

(A) A plan of any proposed

demolition work;

(B) A plan of each floor. For

renovation, the existing conditions and

extent of new work should be clearly

delineated;

(C) Elevations;

(D) Sections and typical details;

(E) Roof plan;

(F) Fire protection plans; and

(G) Technical engineering plans,

including structural, mechanical,

plumbing, and electrical drawings.

(ii) If the project involves acquisition,

remodeling, or renovation, the applicant

should include the current as-built site

plan, floor plans and building sections

which show the present status of the

building and a description of the

building’s current use and type of

construction.

(7) Design development outline

specifications. The applicant shall

provide eight copies of outline

specifications which shall include a

general description of the project, site,

architectural, structural, electrical and

mechanical systems such as elevators,

air conditioning, heating, plumbing,

lighting, power, and interior finishes

(floor coverings, acoustical material, and

wall and ceiling finishes).

(8) Design development cost

estimates. The applicant shall provide

three copies of cost estimates showing

the estimated cost of the buildings or

structures to be acquired or constructed

in the project. Cost estimates should list

the cost of construction, contract

contingency, fixed equipment not

included in the contract, movable

equipment, architect’s fees and

construction supervision and

inspection.

(9) A design development conference.

After VA reviews design development

documents, a design development

conference may be recommended in

order to provide applicants and their

architects an opportunity to learn VA

procedures and requirements for the

project and to discuss VA review

comments.

(10) Such other documentation as

specified by VA in writing to the

applicant that confirms or clarifies

information provided in the application.

(b) Receipt of additional information.

The required additional information

must be received in acceptable form

within the time frame established by VA

in a notice of fund availability

published in the Federal Register. VA

reserves the right to remove any

proposed project from further

consideration for grant assistance if the

required additional project information

is not received in acceptable form by the

established deadline.

(c) Grant award. Following receipt of

the additional information in acceptable

form (and, where applicable, provided

that the environmental review described

in § 17.714 of this part indicates that the

proposed project is environmentally

acceptable to VA), to the extent funds

are available VA will approve the

application and send a grant agreement

for execution to the applicant.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0554.)

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.714 Environmental review

requirements.

(a) General. Project selection is

subject to completion of an

environmental review of the proposed

site, and the project may be modified or

the site rejected as a result of that

review. The environmental effects must

be assessed in accordance with the

requirements of the National

Environmental Policy Act of 1969

(NEPA) (42 U.S.C. 4321, et seq.) as

implemented pursuant to the Council

on Environmental Quality’s applicable

regulations (40 CFR parts 1500–1508)

and VA’s applicable implementing

regulations (38 CFR part 26).

(b) Responsibility for review. (1) VA

will perform the environmental review,

in accordance with part 26 of this title,

for conditionally selected applications

received directly from private nonprofit

organizations and governmental entities

with special or limited purpose powers.

VA is not permitted to approve such

applications prior to its completion of

this review. Because of time constraints,

any applications subject to

environmental review by VA that

requires an Environmental Impact

Statement (EIS) (generally, an

application that VA determines would

result in a major Federal action

significantly affecting the quality of the

human environment in accordance with

the environmental assessment

procedures at 38 CFR part 26) will not

be eligible for assistance under this part.

(2) Applicants that are States,

metropolitan cities, urban counties,

Indian tribes, or other governmental

entities with general purpose powers

shall include environmental

documentation for the project

submitting information establishing a

Categorical Exclusion (CE), a proposed

Environmental Assessment (EA), or a

proposed Environmental Impact

Statement (EIS). The environmental

documentation will require approval by

VA before final award of a construction

or acquisition grant under this part. (See

38 CFR 26.6 for compliance

requirements.) If the proposed actions

involving construction or acquisition do

not individually or cumulatively have a

significant effect on the human

environment, the applicant shall submit

a letter noting a CE. If construction

outside the walls of an existing structure

will involve more than 75,000 gross

square feet (GSF), the application shall

include an EA to determine if an EIS is

necessary for compliance with section

102(2)(c) of the National Environmental

Policy Act 1969. When the application

submission requires an EA, the State

shall briefly describe the possible

beneficial and/or harmful effect which

the project may have on the following

impact categories:

(i) Transportation;

(ii) Air quality;

(iii) Noise;

(iv) Solid waste;

(v) Utilities;

(vi) Geology (soils/hydrology/flood

plains);

(vii) Water quality;

(viii) Land use;

(ix) Vegetation, wildlife, aquatic, and

ecology/wetlands;

(x) Economic activities;
Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations 6125

(xi) Cultural resources;

(xii) Aesthetics;

(xiii) Residential population;

(xiv) Community services and

facilities;

(xv) Community plans and projects;

and

(xvi) Other.

(3) If an adverse environmental

impact is anticipated, the action to be

taken to minimize the impact should be

explained in the EA. An entity covered

by this section that believes that it does

not have the legal capacity to carry out

the responsibilities required by 38 CFR

part 26 should contact the VA Homeless

Providers Grant and Per Diem Program,

Mental Health and Behavioral Sciences

Service (111C), U.S. Department of

Veterans Affairs, 810 Vermont Avenue

NW., Washington, DC 20420, for further

instructions. Determinations of legal

capacity will be made on a case-by-case

basis.

(Paperwork requirements were approved by

the Office of Management and Budget under

control number 2900–0554.)

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.715 Aid for supportive services and

supportive housing.

(a) Per diem payments. Aid in the

form of per diem payments may be paid

to an entity meeting the requirements of

the regulations of this part under the

heading ‘‘VA Homeless Providers Grant

and Per Diem Program,’’ including the

specific criteria of § 17.716 of this part,

if:

(1) VA referred the homeless veteran

to a recipient of a grant under this part

(or entity eligible for such a grant as

described in § 17.716 of this part); or

(2) VA authorized the provision of

supportive services or supportive

housing for the homeless veteran.

(b) In-kind assistance. In lieu of per

diem payments under this section, VA

may, with approval of the grant

recipient (or entity eligible for such a

grant as described in § 17.716 of this

part), provide in-kind assistance

through the services of VA employees

and the use of other VA resources, to a

grant recipient (or entity eligible for

such a grant as described in § 17.716 of

this part).

(c) Selection of per diem applicants.

In awarding per diem assistance,

applications from grant recipients and

nongrant recipients will be reviewed

and ranked separately. Funds will first

be awarded to grant recipients who

request such assistance. If funds are still

available for nongrant recipients, VA

will announce funding through a Notice

of Funding Availability (NOFA) process

as described in § 17.708 of this part. VA

will not award per diem payments when

doing so would decrease funding to

those entities already receiving such

payments. For both grant recipients and

non-grant recipients, eligibility will be

determined by the criteria described in

§ 17.716 of this part, and applications

will be ranked according to scores

achieved on the portions of the

application described in § 17.716(b)(4)

of this part. Applicants must score a

minimum of 500 points on these

portions to be eligible for per diem.

Those applications that meet the

eligibility criteria will be conditionally

selected for per diem assistance. Funds

will be allocated to the highest-ranked,

conditionally selected applicants in

descending order until funds are

expended. Payments will be contingent

upon meeting the requirements of a site

inspection conducted by VA pursuant to

§ 17.721 of this part.

(d) Continued receipt of per diem

assistance. (1) Continued receipt of per

diem assistance for both grant recipients

and nongrant recipients will be

contingent upon maintaining the

program for which per diem is provided

so that it would score at least the

required minimum 500 points as

described in § 17.716(b)(4) of this part

on the application. VA will ensure

compliance by conducting inspections

as described in § 17.721 of this part.

(2) Where the recipient fails to

comply with paragraph (d)(1) of this

section, VA will issue a notice of the

Department’s intent to discontinue per

diem payments. The recipient will then

have 30 days to submit documentation

demonstrating why payments should

not be terminated. After review of any

such documentation, VA will issue a

final decision on termination of per

diem payment.

(3) Continued payment is subject to

availability of funds. When necessary

due to funding limitations, VA will, in

proportion to the decrease in funding

available, decrease the per diem

payment for each authorized veteran.

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.716 Eligibility to receive per diem

payments.

An entity must be formally recognized

by VA as eligible to receive per diem

payments under this section before per

diem payments can be made for the care

of homeless veterans, except that per

diem payments may be made on behalf

of a veteran up to three days prior to

this recognition.

(a) A grant recipient will be eligible if

it receives the minimum score as

described in paragraph (b)(4) of this

section.

(b) A nongrant recipient will be

eligible if it is an entity eligible to

receive a grant, which for the purposes

of this section means:

(1) At least 75 percent of persons who

are receiving supportive services or

supportive housing from the entity are

veterans who may be included in

computation of the amount of aid

payable from VA;

(2) The supportive services or

supportive housing program for which

per diem payments is requested was

established after November 10, 1992;

(3) The entity is a public or nonprofit

private entity; and

(4) The entity score at least 500

cumulative points on the following

sections of the Grant/Per Diem

application: Quality (1); Targeting (2);

Ability (3); Description of Need (4); and

Coordination with Other Programs (8).

These sections correspond to the

selection criteria of § 17.711(c) of this

part.

(c) For grant recipients, only those

programs that provide supportive

services or supportive housing (or the

portions thereof) created with grant

funds will be considered for per diem

assistance. For nongrant recipients, only

those portions of the supportive services

or supportive housing described in the

application will be considered for per

diem assistance.

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.717 Request for recognition of

eligibility.

(a) Requests for recognition of

eligibility may be addressed to the VA

Homeless Providers Grant and Per Diem

Programs, Mental Health Strategic

Healthcare Group (116E), U.S.

Department of Veterans Affairs, 810

Vermont Avenue NW, Washington, DC

20420.

(b) For nongrant recipients, the

receipt of application for per diem will

constitute the request for recognition of

eligibility. Grant recipients seeking per

diem assistance will indicate this

request on the application. Grant

recipients are not required to complete

a separate application for per diem

assistance. VA will review those

portions of the grant application that

pertain to per diem. Those entities

already receiving a grant must submit a

request for recognition to initiate the

scoring of their application for per diem

payments.

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.718 Approval of annexes and new

facilities.

Separate applications for recognition

must be filed for any annex, branch,

enlargement, expansion, or relocation of

the site of service provision of an

eligible entity’s facility which is not on
6126 Federal Register / Vol. 62, No. 28 / Tuesday, February 11, 1997 / Rules and Regulations

the same or contiguous grounds on

which the parent facility is located.

When an eligible entity establishes sites

which have not been inspected and

approved by VA, a request for separate

approval of such sites must be made.

The prohibitions in § 17.720 of this part

are also applicable to applications for

aid on behalf of any veterans cared for

in a new annex, branch or enlarged,

expanded or relocated facility.

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.719 Amount of aid payable.

The per diem amount payable for

supportive housing is the current VA

State Home Program per diem rate for

domiciliary care as set forth in 38 U.S.C.

1741. The per diem amount payable for

supportive services, not provided in

conjunction with supportive housing, is

$1.10 for each half-hour during which

supportive services are provided, up to

$17.60 per day. These rates will be paid

provided, however, the per diem

amount for supportive housing or

supportive services (not provided in

conjunction with supportive housing)

does not exceed one-half of the cost to

the per diem recipient of providing the

services. Also, provided further, per

diem payment of supportive housing

and supportive services may be lessened

because of budget restriction as

described in § 17.715(d)(3) of this part.

Per diem payments may not be paid for

a veteran for both supportive housing

and supportive services (not in

conjunction with supportive housing).

(Authority: 38 U.S.C. 501, 7721, note)

§ 17.720 [Amended]

(4) In § 17.720, paragraphs (a)

introductory text, (a)(1) , and (a)(2) are

amended by removing ‘‘17.715(a)’’ and

adding, in their place, ‘‘17.716’’.

[FR Doc. 97–3283 Filed 2–10–97; 8:45 am]

BILLING CODE 8320–01–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[IL154–1a; FRL–5685–7]

Approval and Promulgation of

Implementation Plans; Illinois

AGENCY: U.S. Environmental Protection

Agency (USEPA).

ACTION: Direct final rule.

SUMMARY: On October 11, 1996, Illinois

submitted a negative declaration

regarding the need for rules controlling

air emissions from sources classified as

part of the ‘‘Shipbuilding and Ship

Repair Industry’’ (SSRI) or ‘‘Marine

Coatings’’ category in the Standard

Industrial Classification (SIC) Manual.

This negative declaration indicates that

the State of Illinois has determined that

there are no major sources (sources with

a potential to emit twenty-five or more

tons per year of volatile organic material

(VOM)) in Illinois’ ozone nonattainment

areas. In this action, USEPA is

approving the State’s finding that no

additional control measures are needed

through a ‘‘direct final’’ rulemaking; the

rationale for this approval is set forth

below. Elsewhere in this Federal

Register, USEPA is proposing approval

and soliciting comment on this direct

final action; if adverse comments are

received, USEPA will withdraw the

direct final rulemaking and address the

comments received in a new final rule;

otherwise, no further rulemaking will

occur on this requested negative

declaration.

DATES: This action will be effective

April 14, 1997 unless adverse comments

not previously addressed by the State or

USEPA are received by March 13, 1997.

If the effective date of this action is

delayed due to adverse comments,

timely notice will be published in the

Federal Register.

ADDRESSES: Written comments should

be sent to: J. Elmer Bortzer, Chief,

Regulation Development Section, Air

Programs Branch (AR–18J), U.S.

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois, 60604.

Copies of the Illinois submittal are

available for public review during

normal business hours, between 8:00

a.m. and 4:30 p.m., at the above address.

FOR FURTHER INFORMATION CONTACT:

Randolph O. Cano, Regulation

Development Section, Air Programs

Branch (AR–18J), U.S. Environmental

Protection Agency, 77 West Jackson

Boulevard, Chicago, Illinois, 60604.

Telephone: (312) 886–6036.

SUPPLEMENTARY INFORMATION:

I. Background

Section 183(b)(3) of the Clean Air Act

requires the Administrator of USEPA to

issue a Control Technique Guideline

(CTG) for controlling VOM emissions

from the Marine Coatings SIC category

sources. Illinois was required to adopt

rules controlling VOM emissions from

sources in this SIC category with a

potential to emit twenty-five or more

tons per year of VOM (major sources)

and located in either of Illinois’ ozone

nonattainment areas. The Chicago ozone

nonattainment area is comprised of

Cook, DuPage, Kane, Lake, McHenry,

Will Counties and Aux Sable and Goose

Lake Townships in Grundy County and

Oswego Township in Kendall County.

The Metro-East ozone nonattainment

area is comprised of Madison, Monroe,

and St. Clair Counties. Illinois reviewed

the data in its emissions inventory data

base and determined that there were no

major sources in the marine coatings

category located in Illinois ozone

nonattainment areas. Illinois also

determined that should such a major

source exist it would be subject to

regulation under the provisions of the

State non-CTG rules.

The USEPA has reviewed the

documentation on which this Illinois

negative declaration is based. The

USEPA agrees with the Illinois finding

that there are no major sources of VOM

from marine coating facilities located in

Illinois’ Chicago or Metro-East ozone

nonattainment areas.

II. Rulemaking Action

The USEPA approves the

incorporation of Illinois’ negative

declaration concerning marine coatings

into the Illinois SIP for ozone.

The USEPA is publishing this action

without prior proposal because USEPA

views this as a noncontroversial

revision and anticipates no adverse

comments. However, in a separate

document in this Federal Register

publication, the USEPA is proposing to

approve the SIP revision should adverse

or critical comments be filed. This

action will be effective on April 14,

1997 unless, by March 13, 1997, adverse

or critical comments are received.

If the USEPA receives such

comments, this action will be

withdrawn before the effective date by

publishing a subsequent rulemaking

that will withdraw the final action. All

public comments received will be

addressed in a subsequent final rule

based on this action serving as a

proposed rule. The USEPA will not

institute a second comment period on

this action. Any parties interested in

commenting on this action should do so

at this time. If no such comments are

received, the public is advised that this

action will be effective on April 14,

1997.

Nothing in this action should be

construed as permitting, allowing or

establishing a precedent for any future

request for revision to any SIP. Each

request for revision to the SIP shall be

considered separately in light of specific

technical, economic, and environmental

factors and in relation to relevant

statutory and regulatory requirements.