15770 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices

or U.S. Postal Service. Private metered

postmarks will not be accepted as proof

of timely mailing.)

b. Application Delivery:

By Hand: Hand delivered applications

are accepted during the normal working

hours of 8 a.m. to 4:30 p.m., Monday

through Friday, on or prior to the

established closing date at:

Administration for Children and

Families, Division of Discretionary

Grants, 6th Floor OFM/DDG, 901 D

Street, SW., Washington, DC 20447.

By Mail: Applications may be mailed

to the Department of Health and Human

Services, Administration for Children

and Families, Division of Discretionary

Grants, 370 L’Enfant Promenade, SW.,

6th Floor, OFM/DDG, Washington, DC.

20447. A formal grant application sent

by mail—including Express Mail and

other, private ‘‘express’’ mail service

parcels—must be addressed as indicated

above and must be postmarked no later

than midnight on the closing date in

order to be considered.

c. Late applications: Applications

which do not meet the criteria in

paragraph a. of this section are

considered late applications. ACF will

notify each late applicant that its

application is not being considered in

the current competition.

d. Extension of deadlines: ACF may

extend the deadline for all applicants

because of acts of God such as floods,

hurricanes, etc., or when there is a

widespread disruption of the mails.

However, if the granting agency does

not extend the deadline for all

applicants, it may not waive or extend

the deadline for any applicant.

Once an application has been

submitted, it is considered as final and

no additional materials will be accepted

by ACF. An application with an original

signature and two copies is required.

e. Non-profit status: Applicants other

than public agencies must provide

evidence of their nonprofit status with

their applications. Any of the following

is acceptable evidence: (1) A copy of the

applicant organization’s listing in the

Internal Revenue Service’s most recent

list of tax-exempt organizations

described in section 501 (c) (3) of the

IRS Code; or (2) a copy of the currently

valid IRS tax exemption certificate.

Intergovernmental Review (SPOC)

This program is covered under

Executive Order 12372,

‘‘Intergovernmental Review of Federal

Programs,’’ and 45 CFR part 100,

‘‘Intergovernmental Review of

Department of Health and Human

Services Programs and Activities.’’

Under the Order, States may design

their own processes for reviewing and

commenting on proposed Federal

assistance under covered programs.

All States and Territories except

Alabama, Colorado, Connecticut,

Hawaii, Alaska, Idaho, Kansas,

Louisiana, Minnesota, Montana,

Nebraska, Oklahoma, Oregon,

Pennsylvania, South Dakota, Virginia,

Washington, American Samoa and

Palau have elected to participate in the

Executive Order process and have

established Single Points of Contact

(SPOCs). Applicants from these 19

jurisdictions need take no action

regarding Executive Order 12372.

Applicants for projects to be

administered by Federally-recognized

Indian Tribes are also exempt from the

requirements of E.O. 12372. Otherwise,

applicants should contact their SPOCs

as soon as possible to alert them of the

prospective application and to receive

any necessary instructions. Applicants

must submit any required material to

the SPOCs as soon as possible so that

the program office can obtain and

review SPOC comments as part of the

award process. It is imperative that the

applicant submit all required materials,

if any, to the SPOC and indicate the date

of this submittal (or the date of contact

if no submittal is required) on the

Standard Form 424, item 16a.

Under 45 CFR 100.8 (a) (2), a SPOC

has 60 days from the application

deadline date to comment on proposed

new or competing continuation awards.

When comments are submitted

directly to ACF, they should be

addressed to: Department of Health and

Human Services, Administration for

Children and Families, Division of

Discretionary Grants, 6th Floor, OFM/

DDG, 370 L’Enfant Promenade SW.,

Washington, DC. 20447.

A list of Single Points of Contact for

each State and Territory is included as

appendix A of this announcement.

Applicable Regulations

Applicable HHS regulations will be

provided to grantees upon award.

Post Award Requirements for Reports

and Records

Grantees are required to file Financial

Status (SF–269) reports on a semiannual basis and Program Progress

Reports on a quarterly basis. Funds shall

be accounted for and reported upon

separately from all other grant activities.

The official receipt point for all

reports and correspondence is the

Division of Discretionary Grants. The

original copy of each report shall be

submitted to the Grants Management

Specialist, Department of Health and

Human Services, Administration for

Children and Families, Division of

Discretionary Grants, 6th Floor, OFM/

DDG, 370 L’Enfant Promenade SW.,

Washington, DC. 20447.

The final Financial and Program

Progress Reports shall be due 90 days

after the project period expiration date

or termination of grant support.

Paperwork Reduction Act of 1980

Under the Paperwork Reduction Act

of 1980, Pub. L. 96–511, the Department

is required to submit to OMB for review

and approval any reporting and record

keeping requirements in regulations,

including program announcements.

This program announcement does not

contain information collection

requirements beyond those approved for

ACF grant applications under OMB

Control Number 0348–0043.

The Catalog of Federal Domestic

Assistance (CFDA) number assigned to this

announcement is 93.583.

Dated: March 20, 1995.

Lavinia Limon,

Director, Office of Refugee Resettlement.

[FR Doc. 95–7506 Filed 3–24–95; 8:45 am]

BILLING CODE 4184–01–P

Appendix A—Executive Order 12372—

State Single Points of Contact

ARIZONA

Mrs. Janice Dunn, Attn: Arizona State

Clearinghouse, 3800 N. Central

Avenue, 14th Floor, Phoenix,

Arizona 85012, Telephone (602)

280–1315

ARKANSAS

Tracie L. Copeland, Manager, State

Clearinghouse, Office of

Intergovernmental Services,

Department of Finance and

Administration, PO. Box 3278,

Little Rock, Arkansas 72203,

Telephone (501) 682–1074

CALIFORNIA

Glenn Stober, Grants Coordinator,

Office of Planning and Research,

1400 Tenth Street, Sacramento,

California 95814, Telephone (916)

323–7480

DELAWARE

Ms. Francine Booth, State Single

Point of Contact, Executive

Department, Thomas Collins

Building, Dover, Delaware 19903,

Telephone (302) 736–3326

DISTRICT OF COLUMBIA

Rodney T. Hallman, State Single Point

of Contact, Office of Grants

Management and Development, 717

14th Street, NW., Suite 500,

Washington, DC. 20005, Telephone

(202) 727–6551

FLORIDA

Florida State Clearinghouse,

Intergovernmental Affairs Policy

Unit, Executive Office of the
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices 15771

Governor, Office of Planning and

Budgeting, The Capitol,

Tallahassee, Florida 32399–0001,

Telephone (904) 488–8441

GEORGIA

Mr. Charles H. Badger, Administrator,

Georgia State Clearinghouse, 254

Washington Street, SW., Atlanta,

Georgia 30334, Telephone (404)

656–3855

ILLINOIS

Steve Klokkenga, State Single Point of

Contact, Office of the Governor, 107

Stratton Building, Springfield,

Illinois 62706, Telephone (217)

782–1671

INDIANA

Jean S. Blackwell, Budget Director,

State Budget Agency, 212 State

House, Indianapolis, Indiana 46204,

Telephone (317) 232–5610

IOWA

Mr. Steven R. McCann, Division of

Community Progress, Iowa

Department of Economic

Development, 200 East Grand

Avenue, Des Moines, Iowa 50309,

Telephone (515) 281–3725

KENTUCKY

Ronald W. Cook, Office of the

Governor, Department of Local

Government, 1024 Capitol Center

Drive, Frankfort, Kentucky 40601,

Telephone (502) 564–2382

MAINE

Ms. Joyce Benson, State Planning

Office, State House Station #38,

Augusta, Maine 04333, Telephone

(207) 289–3261

MARYLAND

Ms. Mary Abrams, Chief, Maryland

State Clearinghouse, Department of

State Planning, 301 West Preston

Street, Baltimore, Maryland 21201–

2365, Telephone (301) 225–4490

MASSACHUSETTS

Karen Arone, State Clearinghouse,

Executive Office of Communities

and Development, 100 Cambridge

Street, Room 1803, Boston,

Massachusetts 02202, Telephone

(617) 727–7001

MICHIGAN

Richard S. Pastula, Director, Michigan

Department of Commerce, Lansing,

Michigan 48909, Telephone (517)

373–7356

MISSISSIPPI

Ms. Cathy Mallette, Clearinghouse

Officer, Office of Federal Grant

Management and Reporting, 301

West Peral Street, Jackson,

Mississippi 39203, Telephone (601)

960–2174

MISSOURI

Ms. Lois Pohl, Federal Assistance

Clearinghouse, Office of

Administration, P.O. Box 809,

Room 430, Truman Building,

Jefferson City, Missouri 65102,

Telephone (314) 751–4834

NEVADA

Department of Administration, State

Clearinghouse, Capitol Complex,

Carson City, Nevada 89710,

Telephone (702) 687–4065,

Attention: Ron Sparks,

Clearinghouse Coordinator

NEW HAMPSHIRE

Mr. Jeffrey H. Taylor, Director, New

Hampshire Office of State Planning,

Attn: Intergovernmental Review,

Process/James E. Bieber, 21⁄2 Beacon

Street, Concord, New Hampshire

03301, Telephone (603) 271–2155

NEW JERSEY

Gregory W. Adkins, Acting Director,

Division of Community Resources,

N.J. Department of Community

Affairs, Trenton, New Jersey 08625–

0803, Telephone (609) 292–6613

Please direct correspondence and

questions to:

Andrew J. Jaskolka, State Review

Process, Division of Community

Resources, CN 814, Room 609,

Trenton, New Jersey 08625–0803,

Telephone (609) 292–9025

NEW MEXICO

George Elliott, Deputy Director, State

Budget Division, Room 190, Bataan

Memorial Building, Santa Fe, New

Mexico 87503, Telephone (505)

827–3640, FAX (505) 827–3006

NEW YORK

New York State Clearinghouse

Division of the Budget, State

Capitol, Albany, New York 12224,

Telephone (518) 474–1605

NORTH CAROLINA

Mrs. Chrys Baggett, Director, Office of

the Secretary of Admin., N.C. State

Clearinghouse, 116 W. Jones Street,

Raleigh, North Carolina 27603–

8003, Telephone (919) 733–7232

NORTH DAKOTA

N.D. Single Point of Contact, Office of

Intergovernmental Assistance,

Office of Management and Budget,

600 East Boulevard Avenue,

Bismarck, North Dakota 58505–

0170, Telephone (701) 224–2094

OHIO

Larry Weaver, State Single Point of

Contract, State/Federal Funds

Coordinator, State Clearinghouse,

Office of Budget and Management,

30 East Broad Street, 34th Floor,

Columbus, Ohio 43266–0411,

Telephone (614) 466–0698

RHODE ISLAND

Mr. Daniel W. Varin, Associate

Director, Statewide Planning

Program, Department of

Administration, Division of

Planning, 265 Melrose Street,

Providence, Rhode Island 02907,

Telephone (401) 277–2656

Please direct correspondence and

questions to:

Review Coordinator, Office of

Strategic Planning

SOUTH CAROLINA

Omeagia Burgess, State Single Point

of Contact, Grant Services, Office of

the Governor, 1205 Pendleton

Street, Room 477, Columbia, South

Carolina 29201, Telephone (803)

734–0494

TENNESSEE

Mr. Charles Brown, State Single Point

of Contact, State Planning Office,

500 Charlotte Avenue, 309 John

Sevier Building, Nashville,

Tennessee 37219, Telephone (615)

741–1676

TEXAS

Mr. Thomas Adams, Governor’s Office

of Budget and Planning, PO Box

12428, Austin, Texas 78711,

Telephone (512) 463–1778

UTAH

Utah State Clearinghouse, Office of

Planning and Budget, ATTN:

Carolyn Wright, Room 116 State

Capitol, Salt Lake City, Utah 84114,

Telephone (801) 538–1535

VERMONT

Mr. Bernard D. Johnson, Assistant

Director, Office of Policy Research

and Coordination, Pavilion Office

Building, 109 State Street,

Montpelier, Vermont 05602,

Telephone (802) 828–3326

WEST VIRGINIA

Mr. Fred Cutlip, Director, Community

Development Division, West

Virginia Development Office,

Building #6, Room 553, Charleston,

West Virginia 25305, Telephone

(304) 348–4010

WISCONSIN

Mr. William C. Carey, Federal/State

Relations, Wisconsin Department of

Administration, 101 South Webster

Street, PO Box 7864, Madison,

Wisconsin 53707, Telephone (608)

266–0267

WYOMING

Sheryl Jeffries, State Single Point of

Contact, Herschler Building, 4th

Floor, East Wing, Cheyenne,

Wyoming 82002, Telephone (307)

777–7574

GUAM

Mr. Michael J. Reidy, Director, Bureau

of Budget and Management

Research, Office of the Governor,

PO Box 2950, Agana, Guam 96910,

Telephone (671) 472–2285

NORTHERN MARIANA ISLANDS

State Single Point of Contact,

Planning and Budget Office, Office

of the Governor, Saipan, CM,

Northern Mariana Islands 96950
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PUERTO RICO

Norma Burgos/Jose H. Caro,

Chairman/Director, Puerto Rico

Planning Board, Minillas

Government Center, PO Box 41119,

San Juan, Puerto Rico 00940–9985,

Telephone (809) 727–4444

VIRGIN ISLANDS

Jose L. George, Director, Office of

Management and Budget, #41

Norregade Emancipation Garden

Station, Second Floor, Saint

Thomas, Virgin Islands 00802

Please direct correspondence to:

Linda Clarke, Telephone (809) 774–

0750.

BILLING CODE 4184–01–M
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Instructions for the SF 424

This is a standard form used by applicants

as a required facesheet for preapplications

and applications submitted for Federal

assistance. It will be used by Federal agencies

to obtain applicant certification that States

which have established a review and

comment procedure in response to Executive

Order 12372 and have selected the program

to be included in their process, have been

given an opportunity to review the

applicant’s submission.

Item and Entry

1. Self-explanatory.

2. Date application submitted to Federal

agency (or State if applicable) & applicant’s

control number (if applicable).

3. State use only (if applicable).

4. If this application is to continue or

revise an existing award, enter present

Federal identifer number. If for a new project,

leave blank.

5. Legal name of applicant, name of

primary organizational unit which will

undertake the assistance activity, complete

address of the applicant, and name and

telephone number of the person to contact on

matters related to this application.

6. Enter Employer Identification Number

(EIN) as assigned by the Internal Revenue

Service.

7. Enter the appropriate letter in the space

provided.

8. Check appropriate box and enter

appropriate letter(s) in the space(s) provided:

—‘‘New’’ means a new assistance award.

—‘‘Continuation’’ means an extension for an

additional funding/budget period for a

project with a projected completion date.

—‘‘Revision’’ means any change in the

Federal Government’s financial obligation

or contingent liability from an existing

obligation.

9. Name of Federal agency from which

assistance is being requested with this

application.

10. Use the Catalog of Federal Domestic

Assistance number and title of the program

under which assistance is requested.

11. Enter a brief descriptive tite of the

project. If more than one program is

involved, you should append an explanation

on a separate sheet. If appropriate (e.g.,

construction or real property projects), attach

a map showing project location. For

preapplications, use a separate sheet to

provide a summary description of this

project.

12. List only the largest political entities

affected (e.g., State, counties, cities).

13. Self-explanatory.

14. List the applicant’s Congressional

District and any District(s) affected by the

program or project.

15. Amount requested or to be contributed

during the first funding/budget period by

each contributor. Value of in-kind

contributions should be included on

appropriate lines as applicable. If the action

will result in a dollar change to an existing

award, indicate only the amount of the

change. For decreases, enclose the amounts

in parentheses. If both basic and

supplemental amounts are included, show

breakdown on an attached sheet. For

multiple program funding, use totals and

show breakdown using same categories as

item 15.

16. Applicants should contact the State

Single Point of Contact (SPOC) for Federal

Executive Order 12372 to determine whether

the application is subject to the State

intergovernmental review process.

17. This question applies to the applicant

organization, not the person who signs as the

authorized representative. Categories of debt

include delinquent audit disallowances,

loans and taxes.

18. To be signed by the authorized

representative of the applicant. A copy of the

governing body’s authorization for you to

sign this application as official representative

must be on file in the applicant’s office.

(Certain Federal agencies may require that

this authorization be submitted as part of the

application.)

BILLING CODE 4184–01–M
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BILLING CODE 4184–01–C
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Instructions for the SF–424A

General Instructions

This form is designed so that application

can be made for funds from one or more grant

programs. In preparing the budget, adhere to

any existing Federal grantor agency

guidelines which prescribe how and whether

budgeted amounts should be separately

shown for different functions or activities

within the program. For some programs,

grantor agencies may require budgets to be

separately shown by function or activity. For

other programs, grantor agencies may require

a breakdown by function or activity. Sections

A, B, C, and D should include budget

estimates for the whole project except when

applying for assistance which requires

Federal authorization in annual or other

funding period increments. In the latter case,

Sections A, B, C, and D should provide the

budget for the first budget period (usually a

year) and Section E should present the need

for Federal assistance in the subsequent

budget periods. All applications should

contain a breakdown by the object class

categories shown in Lines a–k of Section B.

Section A. Budget Summary

Lines 1–4, Columns (a) and (b)

For applications pertaining to a single

Federal grant program (Federal Domestic

Assistance Catalog number) and not requiring

a functional or activity breakdown, enter on

Line 1 under Column (a) the catalog program

title and the catalog number in Column (b).

For applications pertaining to a single

program requiring budget amounts by

multiple functions or activities, enter the

name of each activity or function on each

line in Column (a), and enter the catalog

number in Column (b). For applications

pertaining to multiple programs where none

of the programs require a breakdown by

function or activity, enter the catalog

program title on each line in Column (a) and

the respective catalog number on each line in

Column (b).

For applications pertaining to multiple

programs where one or more programs

require a breakdown by function or activity,

prepare a separate sheet for each program

requiring the breakdown. Additional sheets

should be used when one form does not

provide adequate space for all breakdown of

data required. However, when more than one

sheet is used, the first page should provide

the summary totals by programs.

Lines 1–4, Columns (c) Through (g)

For new applications, leave Columns (c)

and (d) blank. For each line entry in Columns

(a) and (b), enter in Columns (e), (f), and (g)

the appropriate amounts of funds needed to

support the project for the first funding

period (usually a year).

For continuing grant program applications,

submit these forms before the end of each

funding period as required by the grantor

agency. Enter in Columns (c) and (d) the

estimated amounts of funds which will

remain unobligated at the end of the grant

funding period only if the Federal grantor

agency instructions provide for this.

Otherwise, leave these columns blank. Enter

in columns (e) and (f) the amounts of funds

needed for the upcoming period. The

amount(s) in Column (g) should be the sum

of amounts in Columns (e) and (f).

For supplemental grants and changes to

existing grants, do not use Columns (c) and

(d). Enter in Column (e) the amount of the

increase or decrease of Federal funds and

enter in Column (f) the amount of the

increase or decrease of non-Federal funds. In

Column (g) enter the new total budgeted

amount (Federal and non-Federal) which

includes the total previous authorized

budgeted amounts plus or minus, as

appropriate, the amounts shown in Columns

(e) and (f). The amount(s) in Column (g)

should not equal the sum of amounts in

Columns (e) and (f).

Line 5—Show the totals for all columns

used.

Section B. Budget Categories

In the column headings (1) through (4),

enter the titles of the same programs,

functions, and activities shown on Lines 1–

4, Column (a), Section A. When additional

sheets are prepared for Section A, provide

similar column headings on each sheet. For

each program, function or activity, fill in the

total requirements for funds (both Federal

and non-Federal) by object class categories.

Lines 6a–i—Show the total of Lines 6a to

6h in each column.

Line 6j—Show the amount of indirect cost.

Line 6k—Enter the total of amounts on

Lines 6i and 6j. For all applications for new

grants and continuation grants the total

amount in column (5), Line 6k, should be the

same as the total amount shown in Section

A, Column (g), Line 5. For supplemental

grants and changes to grants, the total

amount of the increase or decrease as shown

in Columns (1)–(4), Line 6k should be the

same as the sum of the amounts in Section

A, Columns (e) and (f) on Line 5.

Line 7—Enter the estimated amount of

income, if any, expected to be generated from

this project. Do not add or subtract this

amount from the total project amount. Show

under the program narrative statement the

nature and source of income. The estimated

amount of program income may be

considered by the federal grantor agency in

determining the total amount of the grant.

Section C. Non-Federal-Resources

Lines 8–11—Enter amounts of non-Federal

resources that will be used on the grant. If

in-kind contributions are included, provide a

brief explanation on a separate sheet.

Column (a)—Enter the program titles

identical to Column (a), Section A. A

breakdown by function or activity is not

necessary.

Column (b)—Enter the contribution to be

made by the applicant.

Column (c)—Enter the amount of the

State’s cash and in-kind contribution if the

applicant is not a State or State agency.

Applicants which are a State or State

agencies should leave this column blank.

Column (d)—Enter the amount of cash and

in-kind contributions to be made from all

other sources.

Column (e)—Enter totals of Columns (b),

(c), and (d).

Line 12—Enter the total for each of

Columns (b)–(e). The amount in Column (e)

should be equal to the amount of Line 5,

Column (f), Section A.

Section D. Forecasted Cash Needs

Line 13—Enter the amount of cash needed

by quarter from the grantor agency during the

first year.

Line 14—Enter the amount of cash from all

other sources needed by quarter during the

first year.

Line 15—Enter the totals of amounts on

Lines 13 and 14.

Section E. Budget Estimates of Federal Funds

Needed for Balance of the Project

Lines 16–19—Enter in Column (a) the same

grant program titles shown in Column (a),

Section A. A breakdown by function or

activity is not necessary. For new

applications and continuation grant

applications, enter in the proper columns

amounts of Federal funds which will be

needed to complete the program or project

over the succeeding funding periods (usually

in years). This section need not be completed

for revisions (amendments, changes, or

supplements) to funds for the current year of

existing grants.

If more than four lines are needed to list

the program titles, submit additional

schedules as necessary.

Line 20—Enter the total for each of the

Columns (b)–(e). When additional schedules

are prepared for this Section, annotate

accordingly and show the overall totals on

this line.

Section F. Other Budget Information

Line 21—Use this space to explain

amounts for individual direct object-class

cost categories that may appear to be out of

the ordinary or to explain the details as

required by the Federal grantor agency.

Line 22—Enter the type of indirect rate

(provisional, predetermined, final or fixed)

that will be in effect during the funding

period, the estimated amount of the base to

which the rate is applied, and the total

indirect expense.

Line 23—Provide any other explanations or

comments deemed necessary.

Assurances—Non-Construction Programs

Note: Certain of these assurances may not

be applicable to your project or program. If

you have questions, please contact the

awarding agency. Further, certain Federal

awarding agencies may require applicants to

certify to additional assurances. If such is the

case, you will be notified.

As the duly authorized representative of

the applicant I certify that the applicant:

1. Has the legal authority to apply for

Federal assistance, and the institutional,

managerial and financial capability

(including funds sufficient to pay the nonFederal share of the project costs) to ensure

proper planning, management and

completion of the project described in this

application.

2. Will give the awarding agency, the

Comptroller General of the United States, and

if appropriate, the State, through any

authorized representative, access to and the

right to examine all records, books, papers,

or documents related to the award; and will
15778 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices

establish a proper accounting system in

accordance with generally accepted

accounting standards or agency directives.

3. Will establish safeguards to prohibit

employees from using their positions for a

purpose that constitutes or presents the

appearance of personal or organizational

conflict of interest, or personal gain.

4. Will initiate and complete the work

within the applicable time frame after receipt

of approval of the awarding agency.

5. Will comply with the Intergovernmental

Personnel Act of 1970 (42 U.S.C. §§ 4728–

4763) relating to prescribed standards for

merit systems for programs funded under one

of the nineteen statutes or regulations

specified in Appendix A of OPM’s Standards

for a Merit System of Personnel

Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes

relating to nondiscrimination. These include

but are not limited to: (a) Title VI of the Civil

Rights Act of 1964 (P.L. 88–352) which

prohibits discrimination on the basis of race,

color or national origin; (b) Title IX of the

Education Amendments of 1972, as amended

(20 U.S.C. §§ 1681–1683, and 1685–1686),

which prohibits discrimination on the basis

of sex; (c) Section 504 of the Rehabilitation

Act of 1973, as amended (29 U.S.C. § 794),

which prohibits discrimination on the basis

of handicaps; (d) the Age Discrimination Act

of 1975, as amended (42 U.S.C. §§ 6101–

6107), which prohibits discrimination on the

basis of age; (e) the Drug Abuse Office and

Treatment Act of 1972 (P.L. 92–255), as

amended, relating to nondiscrimination on

the basis of drug abuse; (f) the

Comprehensive Alcohol Abuse and

Alcoholism Prevention, Treatment and

Rehabilitation Act of 1970 (P.L. 91–616), as

amended, relating to nondiscrimination on

the basis of alcohol abuse or alcoholism; (g)

§§ 523 and 527 of the Public Health Service

Act of 1912 (42 U.S.C. 290 dd–3 and 290 ee–

3), as amended, relating to confidentiality of

alcohol and drug abuse patient records; (h)

Title VIII of the Civil Rights Act of 1968 (42

U.S.C. § 3601 et seq.), as amended, relating to

nondiscrimination in the sale, rental or

financing of housing; (i) any other

nondiscrimination provisions in the specific

statute(s) under which application for

Federal assistance is being made; and (j) the

requirements of any other nondiscrimination

statute(s) which may apply to the

application.

7. Will comply, or has already complied,

with the requirements of Titles II and III of

the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970

(P.L. 91–646) which provide for fair and

equitable treatment of persons displaced or

whose property is acquired as a result of

Federal or federally assisted programs. These

requirements apply to all interests in real

property acquired for project purposes

regardless of Federal participation in

purchases.

8. Will comply with the provisions of the

Hatch Act (5 U.S.C. §§ 1501–1508 and 7324–

7328) which limit the political activities of

employees whose principal employment

activities are funded in whole or in part with

Federal funds.

9. Will comply, as applicable, with the

provisions of the Davis-Bacon Act (40 U.S.C.

§§ 276a to 276a–7), the Copeland Act (40

U.S.C. § 276c and 18 U.S.C. §§ 874), and the

Contract Work Hours and Safety Standards

Act (40 U.S.C. §§ 327–333), regarding labor

standards for federally assisted construction

subagreements.

10. Will comply, if applicable, with flood

insurance purchase requirements of Section

102(a) of the Flood Disaster Protection Act of

1973 (P.L. 93–234) which requires recipients

in a special flood hazard area to participate

in the program and to purchase flood

insurance if the total cost of insurable

construction and acquisition is $10,000 or

more.

11. Will comply with environmental

standards which may be prescribed pursuant

to the following: (a) institution of

environmental quality control measures

under the National Environmental Policy Act

of 1969 (P.L. 91–190) and Executive Order

(EO) 11514; (b) notification of violating

facilities pursuant to EO 11738; (c) protection

of wetlands pursuant to EO 11990; (d)

evaluation of flood hazards in floodplains in

accordance with EO 11988; (e) assurance of

project consistency with the approved State

management program developed under the

Coastal Zone Management Act of 1972 (16

U.S.C. §§ 1451 et seq.); (f) conformity of

Federal actions to State (Clear Air)

Implementation Plans under Section 176(c)

of the Clear Air Act of 1955, as amended (42

U.S.C. § 7401 et seq.); (g) protection of

underground sources of drinking water under

the Safe Drinking Water Act of 1974, as

amended, (P.L. 93–523); and (h) protection of

endangered species under the Endangered

Species Act of 1973, as amended, (P.L. 93–

205).

12. Will comply with the Wild and Scenic

Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)

related to protecting components or potential

components of the national wild and scenic

rivers system.

13. Will assist the awarding agency in

assuring compliance with Section 106 of the

National Historic Preservation Act of 1966, as

amended (16 U.S.C. 470), EO 11593

(identification and protection of historic

properties), and the Archaeological and

Historic Preservation Act of 1974 (16 U.S.C.

469a–1 et seq.).

14. Will comply with P.L. 93–348

regarding the protection of human subjects

involved in research, development, and

related activities supported by this award of

assistance.

15. Will comply with the Laboratory

Animal Welfare Act of 1966 (P.L. 89–544, as

amended, 7 U.S.C. 2131 et seq.) pertaining to

the care, handling, and treatment of warm

blooded animals held for research, teaching,

or other activities supported by this award of

assistance.

16. Will comply with the Lead-Based Paint

Poisoning Prevention Act (42 U.S.C. §§ 4801

et seq.) which prohibits the use of lead based

paint in construction or rehabilitation or

residence structures.

17. Will cause to be performed the required

financial and compliance audits in

accordance with the Single Audit Act of

1984.

18. Will comply with all applicable

requirements of all other Federal laws,

executive orders, regulations and policies

governing this program.

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BILLING CODE 4184–01–M
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15780 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices

BILLING CODE 4184–01–C
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Certification Regarding Debarment,

Suspension, and Other Responsibility

Matters—Primary Covered Transactions

By signing and submitting this proposal,

the applicant, defined as the primary

participant in accordance with 45 CFR Part

76, certifies to the best of its knowledge and

believe that it and its principals:

(1) are not presently debarred, suspended,

proposed for debarment, declared ineligible,

or voluntarily excluded from covered

transactions by any Federal Department or

agency;

(b) have not within a 3-year period

preceding this proposal been convicted of or

had a civil judgment rendered against them

for commission of fraud or a criminal offense

in connection with obtaining, attempting to

obtain, or performing a public (Federal, State,

or local) transaction or contract under a

public transaction; violation of Federal or

State antitrust statutes for commission of

embezzlement, theft, forgery, bribery,

falsification or destruction of records, making

false statements, or receiving stolen property;

(c) are not presently indicted or otherwise

criminally or civilly charged by a

governmental entity (Federal, State or local)

with commission of any of the offenses

enumerated in paragraph (1) (b) of this

certification; and

(d) have not within a 3-year period

preceding this application/proposal had one

or more public transactions (Federal, State, or

local) terminated for cause or default.

The inability of a person to provide the

certification required above will not

necessarily result in denial of participation in

this covered transaction. If necessary, the

prospective participant shall submit an

explanation of why it cannot provide the

certification. The certification or explanation

will be considered in connection with the

Department of Health and Human Services

(HHS) determination whether to enter into

this transaction. However, failure of the

prospective primary participant to furnish a

certification or an explanation shall

disqualify such person from participation in

this transaction.

The prospective primary participant agrees

that by submitting this proposal, it will

include the clause entitled ‘‘Certification

Regarding Debarment, Suspension,

Ineligibility, and Voluntary Exclusion—

Lower Tier Covered Transaction.’’ provided

below without modification in all lower tier

covered transactions and in all solicitations

for lower tier covered transactions.

Certification Regarding Debarment,

Suspension, Ineligibility and Voluntary

Exclusion—Lower Tier Covered

Transactions (To Be Supplied to Lower Tier

Participants)

By signing and submitting this lower tier

proposal, the prospective lower tier

participant, as defined in 45 CFR Part 76,

certifies to the best of its knowledge and

belief that it and its principals:

(a) are not presently debarred, suspended,

proposed for debarment, declared ineligible,

or voluntarily excluded from participation in

this transaction by any federal department or

agency.

(b) where the prospective lower tier

participant is unable to certify to any of the

above, such prospective participant shall

attach an explanation to this proposal.

The prospective lower tier participant

further agrees by submitting this proposal

that it will include this clause entitled

‘‘certification Regarding Debarment,

Suspension, Ineligibility, and Voluntary

Exclusion—Lower Tier Covered

Transactions.’’ without modification in all

lower tier covered transactions and in all

solicitations for lower tier covered

transactions.

Appendix E—Certification Regarding

Lobbying

Certification for Contracts, Grants, Loans,

and Cooperative Agreements

The undersigned certifies, to the best of his

or her knowledge and belief, that:

(1) No Federal appropriated funds have

been paid or will be paid, by or on behalf of

the undersigned, to any person for

influencing or attempting to influence an

officer or employee of any agency, a Member

of Congress, an officer or employee of

Congress, or an employee of a Member of

Congress in connection with the awarding of

any Federal contract, the making of any

Federal grant, the making of any Federal

loan, the entering into of any cooperative

agreement, and the extension, continuation,

renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative

agreement.

(2) If any funds other than Federal

appropriated funds have been paid or will be

paid to any person for influencing or

attempting to influence an officer or

employee of an agency, a Member of

Congress, an officer or employee of Congress,

or an employee of a Member of Congress in

connection with this Federal contract, grant,

loan or cooperative agreement, the

undersigned shall complete and submit

Standard Form–LLL, ‘‘Disclosure Form to

Report Lobbying,’’ in accordance with its

instructions.

(3) The undersigned shall require that the

language of this certification be included in

the award documents for all subawards at all

tiers (including subcontracts, subgrants, and

contracts under grants, loans, and

cooperative agreements) and that all

subrecipients shall certify and disclose

accordingly.

This certification is a material

representation of fact upon which reliance

was placed when this transaction was made

or entered into. Submission of this

certification is a prerequisite for making or

entering into this transaction imposed by

section 1352, title 31, U.S. Code. Any person

who fails to file the required certification

shall be subject to a civil penalty of not less

than $10,000 and not more than $100,000 for

each such failure.

State for Loan Guarantee and Loan Insurance

The undersigned states, to the best of his

or her knowledge and belief, that:

If any funds have been paid or will be paid

to any person for influencing or attempting

to influence an officer or employee of any

agency, a Member of Congress, an officer or

employee of Congress, or an employee of a

Member of Congress in connection with this

commitment providing for the United States

to insure or guarantee a loan, the

undersigned shall complete and submit

Standard Form-LLL ‘‘Disclosure Form to

Report Lobbying,’’ in accordance with its

instructions.

Submission of this statement is a

prerequisite for making or entering into this

transaction imposed by section 1352, title 31,

U.S. Code. Any person who fails to file the

required statement shall be subject to a civil

penalty of not less than $10,000 and not more

than $100,000 for each such failure.

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Date

BILLING CODE 4184–01–M
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BILLING CODE 4184–01–C
Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices 15783

Appendix F—Certification Regarding

Environmental Tobacco Smoke

Public Law 103–227, Part C—

Environmental Tobacco Smoke, also known

as the Pro-Children Act of 1994 (Act),

requires that smoking not be permitted in any

portion of any indoor facility owned or

leased or contracted for by an entity and used

routinely or regularly for the provision of

health, day care, education, or library

services to children under the age of 18, if

the services are funded by Federal programs

either directly or through State or local

governments, by Federal grant, contract, loan,

or loan guarantee. The law does not apply to

children’s services provided in private

residences, facilities funded solely by

Medicare or Medicaid funds, and portions of

facilities used for inpatient drug or alcohol

treatment. Failure to comply with the

provisions of the law may result in the

imposition of a civil monetary penalty of up

to $1,000 per day and/or the imposition of an

administrative compliance order on the

responsible entity.

By signing and submitting this application

the applicant/grantee certifies that it will

comply with the requirements of the Act. The

applicant/grantee further agrees that it will

require the language of this certification be

included in any subawards which contain

provisions for children’s services and that all

subgrantees shall certify accordingly.

Appendix G—ORR State Letter

Number 95–01

Date: January 12, 1995.

To: State Refugee Coordinators

From: Lavinia Limon, Director, Office of

Refugee Resettlement

Subject: Impact of Medicaid Waivers on

Refugee Medical Assistance

Several States have received Medicaid

waivers to expand health insurance for needy

persons. These waivers have targeted needy

individuals who are not categorically eligible

for Medicaid, such as single persons,

childless couples, and intact families without

a connection to the work force. Many

refugees now receiving refugee medical

assistance (RMA) may become eligible under

these new waiver programs. This letter is to

provide policy clarification to States

regarding how to handle eligibility in such

situations and what ORR’s policy regarding

cost reimbursement will be for such cases.

ORR’s policy is that refugees who become

eligible for Medicaid through waiver

provisions must be served under the

Medicaid program, rather than under RMA.

Currently, 45 CFR 400.94 provides that a

determination of eligibility for Medicaid

must precede a determination of eligibility

for RMA. In addition, § 400.100 restricts

RMA coverage to refugees who are ineligible

for Medicaid but who meet the financial

eligibility requirements under § 400.101. The

Health Care Financing Administration

(HCFA) has informed us that the provisions

of an approved Medicaid waiver replaces the

applicable sections of the Medicaid State

plan. Accordingly, under § 400.94, States

must first determine refugee eligibility for the

Medicaid waiver program. Only those

refugees not eligible under the Medicaid

waiver program could be eligible for RMA. If

all refugees in a State are eligible under the

waiver, the RMA program would be

supplanted in its entirety by the Medicaid

waiver program.

Costs incurred for refugees in a waiver

program will be treated in the following

manner:

• ORR will reimburse States for the State

share of costs for refugees who would

otherwise be eligible for RMA but who

become eligible for Medicaid through the

approved waiver provisions. The

reimbursable costs will include the State

share of Medicaid costs for these refugees for

the first eight months of U.S. residency (or

for whatever period of eligibility is in effect

for RMA), including the State share of

administrative costs of providing Medicaid to

these refugees.

• ORR will not reimburse States for costs

incurred by refugees who would have been

eligible for Medicaid without the waiver

provisions, such as refugees receiving SSI

and AFDC.

We wish to emphasize the following two

principles which guide our policy

considerations on health care reform:

(1) ORR is committed to allowing States to

include refugees in health care reform

programs whenever possible, whether

initiated at the Federal or State level; and

(2) ORR is committed to holding States

harmless by reimbursing States for the State

share of costs for RMA-eligible refugees in

State health care reform programs.

In the event that your State applies for a

Medicaid waiver which might affect the

refugee program, please contact your State

liaison or the ORR Policy Division in order

to assure common understanding regarding

the waiver and its implications for RMA and

for refugees. We want to work together to

assure that there is no misunderstanding

regarding the regulations or how the costs

will be covered.

[FR Doc. 95–7506 Filed 3–27–95; 8:45 am]

BILLING CODE 4184–01–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Secretary

[Docket No. D–95–1085; FR–3868–D–01]

Revocation in Part and Delegation of

Authority for Indian Programs

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of revocation in part and

delegation of authority.

SUMMARY: This notice revokes authority

from the Assistant Secretary for

Community Planning and Development

(CPD), in the case of Indian Tribes and

Alaska Natives only, to administer the

Emergency Shelter Grants Program

(ESG) under Subtitle B of Part IV of the

Stewart B. McKinney Homeless

Assistance Act, as amended, 42 U.S.C.

11371 et seq. This notice delegates this

authority to administer the ESG Program

pertaining to Indian Tribes and Alaska

Natives to the Assistant Secretary for

Public and Indian Housing (PIH).

EFFECTIVE DATE: March 15, 1995.

FOR FURTHER INFORMATION CONTACT:

Elaine Dudley, Deputy Director for

Headquarters Operations, Office of

Native American Programs, Office of

Public and Indian Housing, Department

of Housing and Urban Development, B–

133, 451 7th Street, SW, telephone (202)

755–0066 or 755–0850 (voice/TDD).

(These are not toll-free numbers).

SUPPLEMENTARY INFORMATION: By statute,

Indian tribes receive a set aside of 1%

of funds appropriated for the ESG

Program for Indian and Alaskan Natives

under Subtitle B of Title IV of the

Stewart B. McKinney Homeless

Assistance Act, as amended, 42 U.S.C.

11371 et seq. Originally this set aside of

ESG funds for Indian tribes was

administered by CPD field office staff

working within Indian program offices

located in six regional or field offices.

CPD had complete responsibility for the

set aside within its ESG Program.

Pursuant to Section 902 of the

Housing and Community Development

Act of 1992, 42 U.S.C. 3533, the Office

of Native American Programs (ONAP)

was created within the Office of Public

and Indian Housing (PIH) in

Headquarters. According to the statute,

the office is to administer and

coordinate all programs of the

Department relating to Indian and

Alaska Native housing and community

development. In addition, ONAP is to

direct, coordinate and assist in

managing HUD field offices that

administer Indian and Alaska Native

programs.

In accordance with the statute, the

Secretary has already delegated to the

Assistant Secretary for PIH, and the

Assistant Secretary for PIH has

redelegated to the Director, the Deputy

Director for Headquarters Operations,

and the Deputy Director for Field

Operations, Office of Native American

Programs, the authority for the HOME

and Community Development Block

Grant (CDBG) Programs, in the case of

Indian Tribes and Alaska Natives. This

authority previously rested with the

Assistant Secretary for CPD.

In furtherance of the goal of having

one office of the Department administer

all programs pertaining to Indian and

Alaska Natives, the Secretary is

revoking from the Assistant Secretary

for CPD, and delegating to the Assistant

Secretary for PIH, in the case of Indian

Tribes and Alaska Natives only, the

authority for the Emergency Shelter

Grants Program under Subtitle B of Part