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
15784 Federal Register / Vol. 60, No. 58 / Monday, March 27, 1995 / Notices

IV of the Stewart B. McKinney

Homeless Assistance Act, as amended,

42 U.S.C. 11371 et seq. In addition,

published elsewhere in today’s Federal

Register, the Assistant Secretary for PIH

is redelegating this authority to the

Director, the Deputy Director for

Headquarters Operations, and the

Deputy Director for Field Operations,

Office of Native American Programs,

within the Office of Public and Indian

Housing.

Accordingly, the Secretary revokes in

part and delegates authority as follows:

Section A. Authority Delegated

The Secretary of the Department of

Housing and Urban Development

delegates individually to the Assistant

Secretary for PIH and to the General

Deputy Assistant Secretary for PIH all

power and authority with respect to the

Emergency Shelter Grants Program, for

Indian Tribes and Alaska Natives,

pursuant to Subtitle B of Title IV of the

Stewart B. McKinney Homeless

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

11371 et seq., except as provided in

Section B of this delegation of authority.

Section B. Authority Excepted

The authority delegated under Section

A does not include the power to sue and

be sued.

Section C. Authority Revoked

The Secretary of Housing and Urban

Development revokes in part the

Delegation of Authority published in the

Federal Register on September 4, 1987,

at 52 FR 33793: At Section A of that

delegation, the Secretary revokes the

authority of the Assistant Secretary and

the General Deputy Assistant Secretary

for Community Planning and

Development, in the case of Indian

Tribes and Alaska Natives only, to

exercise the power and authority of the

Secretary with respect to the Emergency

Shelter Grants Program under Subtitle B

of Title IV of the Stewart B. McKinney

Homeless Assistance Act, 42 U.S.C.

11371 et seq.

Authority: Section 7(d), Department of

Housing and Urban Development Act, 42

U.S.C. 3535 (d).

Dated: March 15, 1995.

Henry G. Cisneros,

Secretary of Housing and Urban

Development.

[FR Doc. 95–7400 Filed 3–24–95; 8:45 am]

BILLING CODE 4210–32–M

Office of the Assistant Secretary for

Public and Indian Housing

[Docket No. D–95–1086; FR–3869–D–01]

Redelegation of Authority for Indian

Programs

AGENCY: Office of the Assistant

Secretary for Public and Indian Housing

(PIH), HUD.

ACTION: Notice of redelegation of

authority.

SUMMARY: In this notice, the Assistant

Secretary for PIH redelegates the

authority for the Emergency Shelter

Grants Program, for Indian Tribes and

Alaska Natives, pursuant to Subtitle B of

Part IV of the Stewart B. McKinney

Homeless Assistance Act, as amended,

42 U.S.C 11371 et seq.

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.

Consistent with the statute, the

Secretary has elsewhere in today’s

Federal Register transferred to the

Assistance 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 IV of the Stewart B. McKinney

Homeless Assistance Act, as amended,

42 U.S.C. 11371 et seq. Also in

accordance with Section 902, this

redelegation of authority redelegates

this authority pertaining to Indian

Tribes and Alaska Natives to Officials in

the Office of Native American Programs

within PIH.

Accordingly, the Assistant Secretary

for PIH redelegates authority as follows:

Section A. Authority Delegated

The Assistant Secretary for PIH

redelegates individually to the Director,

Office of Native American Programs, to

the Deputy Director for Headquarters

Operations, Office of Native American

Programs, and to the Deputy Director for

Field Operations, Office of Native

American Programs, all power and

authority with respect to the Emergency

Shelter Grants Program, for Indian

Tribes and Alaska Natives, pursuant to

Subtitle B of Title IV of the Stewart B.

McKinney Homeless Assistance Act, as

amended, 42 U.S.C. 11371 et seq.,

except as provided in Section B of this

delegation of authority.

Section B. Authority Excepted

The authority redelegated under

Section A does not include the power to

sue and be sued.

Authority: Section 7(d), Department of

Housing and Urban Development Act, 42

U.S.C. 3535(d).

Dated: March 15, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–7399 Filed 3–24–95; 8:45 am]

BILLING CODE 4210–33–M

COMMISSION ON

INTERGOVERNMENTAL RELATIONS

Advisory Commission on

Intergovernmental Relations

Notice of Request for Suggested

Criteria and Other Information for

Evaluating Existing Mandates on State,

Local, and Tribal Governments

March 20, 1995.

The Advisory Commission on

Intergovernmental Relations (42 U.S.C.

4271) has been directed by the

Unfunded Mandates Reform Act of 1995

enacted on March 22, 1995, to make

recommendations to the President and

Congress regarding:

(A) allowing flexibility for state, local,

and tribal governments in complying

with specific federal mandates for

which terms of compliance are

unnecessarily rigid or complex;