Children means dependents not exceeding 19 years or a lesser age set forth in the State plan. a Community Action Agency means private corporation or public agency established pursuant to the Economic Opportunity Act of 1964, Pub. L. 88-452, which is authorized to administer funds received from Federal, State, local, or private funding entities to assess, design, operate, finance, and oversee antipoverty programs. Cooling Degree Days means a population-weighted annual average of the climatological cooling degree days for each weather station within a State, as determined by DOE. Deputy Assistant Secretary means the Deputy Assistant Secretary for Technical and Financial Assistance or any official to whom the Deputy Assistant Secretary's functions may be redelegated by the Assistant Secretary. DOE means the Department of Energy. Dwelling Unit means a house, including a stationary mobile home, an apartment, a group of rooms, or a single room occupied as separate living quarters. Elderly Person means a person who is 60 years of age or older. Family Unit means all persons living together in a dwelling unit. Governor means the chief executive officer of a State, including the Mayor of the District of Columbia. Grantee means the State or other entity named in the Notification of Grant Award as the recipient. Handicapped Person means any individual (1) who is a handicapped individual as defined in section 7(6) of the Rehabilitation Act of 1973, (2) who is under a disability as defined in section 1614(a)(3)(A) or 223(d)(1) of the Social Security Act or in section 102(7) of the Developmental Disabilities Services and Facilities Construction Act, or (3) who is receiving benefits under chapter 11 or 15 of title 38, U.S.C. Heating Degree Days means a population-weighted seasonal average of the climatological heating degree days for each weather station within a State, as determined by DOE. Incidental Repairs means those repairs necessary for the effective performance or preservation of weather ization materials. Such repairs include, but are not limited to, framing or repairing windows and doors which could not otherwise be caulked or weatherstripped and providing protective materials, such as paint, used to seal materials installed under this program. Indian Tribe means any tribe, band, nation, or other organized group or community of Native Americans, including any Alaskan native village, or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, Pub. L. 92-203, 85 Stat. 688, which (1) is recognized as eligible for the special programs and services provided by the United States to Native Americans because of their status as Native Americans, or (2) is located on, or in proximity to, a Federal or State reservation or rancheria. JTPA means the Job Training Partnership Act, 29 U.S.C. 1501 et seq. Local Applicant means a CAA or other public or non profit entity unit of general purpose local government. Low Income means that income in relation to family size which: (1) Is at or below 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget, except that the Secretary may establish a higher level if the Secretary, after consulting with the Secretary of Agriculture and the Secretary of Health and Human Services, determines that such a higher level is necessary to carry out the purposes of this part and is consistent with the eligibility criteria established for the weatherization program under section 222(a)(12) of the Economic Opportunity Act of 1964; (2) Is the basis on which cash assistance payments have been paid during the preceding twelve month-period under titles IV and XVI of the Social Security Act or applicable State or local law; or (3) If a State elects, is the basis for eligibility for assistance under the Low Income Home Energy Assistance Act of 1981, provided that such basis is at least 125 percent of the poverty level determined in accordance with criteria established by the Director of the Office of Management and Budget. Native American means a person who is a member of an Indian tribe. Number of Low-Income, Owner-Occupied Dwelling Units in the State means the number of such dwelling units in a State, as determined by DOE. Number of Low-Income, Renter-Occupied Dwelling Units in the State means the number of such dwelling units in a State, as determined by DOE. Percentage of Total Residential Energy Used for Space Cooling means the national percentage of total energy used for space cooling, as determined by DOE. Percentage of Total Residential Energy Used for Space Heating means the national percentage of total energy used for space heating, as determined by DOE. Relevant Reporting Period means the Federal fiscal year beginning on October 1 and running through September 30 of the following calendar year. Rental Dwelling Unit means a dwelling unit occupied by a person who pays rent for the use of the dwelling unit. Secretary means the Secretary of the Department of Energy. Separate Living Quarters means living quarters in which the occupants do not live and eat with any other persons in the structure and which have either direct access from the outside of the building or through a common hall or complete kitchen facilities for the exclusive use of the occupants. The occupants may be a single family, one person living alone, two or more families living together, or any other group of related or unrelated persons who share living arrangements, and includes shelters for homeless persons. Shelter means a dwelling unit or units whose principal purpose is to house on a temporary basis individuals who may or may not be related to one another and who are not living in nursing homes, prisons, or similar institutional care facilities. Single-Family Dwelling Unit means a structure containing no more than one dwelling unit. Skirting means material used to border the bottom of a dwelling unit to prevent infiltration. State means each of the States and the District of Columbia. Subgrantee means an entity managing weatherization project which receives a grant of funds awarded under this part from a grantee. Support Office Director means the Director of the DOE Field Support Office with the responsibility for grant administration or any official to whom that function may be redelegated by the Assistant Secretary. Tribal Organization means the recognized governing body of any Indian tribe or any legally established organization of Native Americans which is controlled, sanctioned, or chartered by such governing body. Unit of General Purpose Local Government means any city, county, town, parish, village, or other general purpose political subdivision of a State. Vestibule means an enclosure built around a primary entry to a dwelling unit. Weatherization Materials mean: (1) Caulking and weatherstripping of doors and windows; (2) Furnace efficiency modifications including, but not limited to (1) Replacement burners, furnaces, or boilers or any combination thereof; (ii) Devices for minimizing energy loss through heating system, chimney, or venting devices; and (iii) Electrical or mechanical furnace ignition systems which replace standing gas pilot lights; (3) Cooling efficiency modifications including, but not limited to (1) Replacement air conditioners; (ii) Ventilation equipment; (iii) Screening and window films; and (iv) Shading devices. Weatherization Project means a project conducted in a single geographical area which undertakes to weatherize dwelling units that are energy inefficient. [49 FR 3629, Jan. 27, 1984, as amended at 50 FR 712, Jan. 4, 1985; 50 FR 49917, Dec. 5, 1985; 55 FR 41325, Oct. 10, 1990; 58 FR 12525, Mar. 4, 1993] $440.10 Allocation of funds. (a) DOE shall allocate financial assistance for each State from sums appropriated for any fiscal year, only upon annual application. (b) DOE shall determine the tentative allocation for each State from available funds as follows: (1) The first $5,100,000 appropriated shall be divided equally among the States; an additional $100,000 shall be allocated to Alaska. (2) The percentage of the remaining available funds tentatively allocated to each State shall be determined by the following formula: (1) The square of the number of heating degree days in a State multiplied by the percentage of total residential energy used for space heating; (ii) Plus the square of the number of cooling degree days in the State multiplied by the percentage of total residential energy used for space cooling; (iii) Multiplied by the sum of the number of low-income, owner-occupied dwelling units in the State and onehalf of the number of low-income, renter-occupied dwelling units in the State; (iv) Divided by the sum of the result produced for all States by the computation outlined in paragraphs (b)(2) (i), (ii) and (iii) of this section; and (v) Multiplied by 100. (c) DOE may reduce the tentative allocation for a State by the amount DOE determines cannot be reasonably expended by a grantee to weatherize dwelling units during the budget period for which financial assistance is to be awarded. In reaching this determination, DOE will consider the amount of unexpended financial assistance currently available to a grantee under this part and the number of dwelling units which remain to be weatherized with the unexpended financial assistance. (d) DOE may increase the tentative allocation of a State by the amount DOE determines the grantee can expend to weatherize additional dwelling units during the budget period for which financial assistance is to be awarded. (e) The Support Office Director shall notify each State of the tentative allocation for which that State is eligible to apply. [49 FR 3629, Jan. 27, 1984, as amended at 58 FR 12529, Mar. 4, 1993] $440.11 Native Americans. (a) Notwithstanding any other provision of this part, the Support Office Director may determine, after taking into account the amount of funds made available to a State to carry out the purposes of this part, that: (1) The low-income members of an Indian tribe are not receiving benefits under this part equivalent to the assistance provided to other low-income persons in the State under this part and (2) The low-income members of such tribe would be better served by means of a grant made directly to provide such assistance. (b) In any State for which the Support Office Director shall have made the determination referred to in paragraph (a) of this section, the Support Office Director shall reserve from the sums that would otherwise be allocated to the State under this part not less than 100 percent, or more than 150 percent, of an amount which bears the same ratio to the State's allocation for the fiscal year involved as the population of all low-income Native Americans for whom a determination under paragraph (a) of this section has been made bears to the population of all low-income persons in the State. (c) The Support Office Director shall make the determination prescribed in paragraph (a) of this section in the event a State: (1) Does not apply within the sixtyday time period prescribed in §440.12(a); (2) Recommends that direct grants be made for low-income members of an Indian tribe as provided in § 440.12(b)(5); (3) Files an application which DOE determines, in accordance with the procedures in § 440.30, not to make adequate provision for the low-income members of an Indian tribe residing in the State; or (4) Has received grant funds and DOE determines, in accordance with the procedures in §440.30, that the State has failed to implement the procedures required by § 440.16(6). (d) Any sums reserved by the Support Office Director pursuant to paragraph (b) of this section shall be granted to the tribal organization serving the individuals for whom the determination has been made, or where there is no tribal organization, to such other entity as the Support Office Director determines is able to provide adequate weatherization assistance pursuant to this part. Where the Support Office Director intends to make a grant to an organization to perform services benefiting more than one Indian tribe, the approval of each Indian tribe shall be a prerequisite for the issuance of a notice of grant award. (e) Within 30 days after the Support Office Director has reserved funds pursuant to paragraph (b) of this section, the Support Office Director shall give written notice to the tribal organization or other qualified entity of the amount of funds reserved and its eligibility to apply therefor. (f) Such tribal organization or other qualified entity shall thereafter be treated as a unit of general purpose local government eligible to apply for funds hereunder, pursuant to the provisions of §440.13. [49 FR 3629, Jan. 27, 1984, as amended at 58 FR 12529, Mar. 4, 1993] $440.12 State application. (a) To be eligible for financial assistance under this part, a State shall submit an application to DOE in conformity with the requirements of this part not later than 60 days after the date of notice to apply is received from the Support Office Director. After receipt of an application for financial assistance or for approval of an amendment to a State plan, the Support Office Director may request the State to submit within a reasonable period of time any revisions necessary to make the application complete or to bring the application into compliance with the requirements of this part. The Support Office Director shall attempt to resolve any dispute over the application informally and to seek voluntary compliance. If a State fails to submit timely appropriate revisions to complete the application, the Support Office Director may reject the application as incomplete in a written decision, including a statement of reasons, which shall be subject to administrative review under § 440.30 of this part. (b) Each application shall include: (1) The name and address of the State agency or office responsible for administering the program; (2) A copy of the final State plan prepared after notice and a public hearing in accordance with §440.14(a), except that an application by a local applicant need not include a copy of the final State plan; (3) The budget for total funds applied for under the Act, which shall include a justification and explanation of any amounts requested for expenditure pursuant to §440.18(d) for State administration; (4) The total number of dwelling units proposed to be weatherized with grant funds during the budget period for which assistance is to be awarded, (1) with financial assistance previously obligated under this part, and (ii) with the tentative allocation to the State; (5) A recommendation that a tribal organization be treated as a local applicant eligible to submit an application pursuant to §440.13(b), if such a recommendation is to be made; (6) A monitoring plan which shall indicate the method used by the State to insure the quality of work and adequate financial management control at the subgrantee level; (7) A training and technical assistance plan which shall indicate how funds for training and technical assistance will be used; and (8) Any further information which the Secretary finds necessary to determine whether an application meets the requirements of this part. (c) on or before 60 days from the date that a timely filed application is complete, the Support Office Director shall decide whether DOE shall approve the application. The Support Office Director may (1) Approve the application in whole or in part to the extent that the application conforms to the requirements of this part; (2) Approve the application in whole or in part subject to special conditions designed to ensure compliance with the requirements of this part; or (3) Disapprove the application if it does not conform to the requirements of this part. (Approved by the Office of Management and Budget under control number 1904-0047) [49 FR 3629, Jan. 27, 1984, as amended at 50 FR 712, Jan. 4, 1985; 55 FR 41325, Oct. 10, 1990; 58 FR 12529, Mar. 4, 1993] $440.13 Local applications. (a) The Support Office Director shall give written notice to all local applicants throughout a State of their eligibility to apply for financial assistance under this part in the event: (1) A State, within which a local applicant is situated, fails to submit an application within 60 days after notice in accordance with §440.12(a) or (2) The Support Office Director finally disapproves the application of a State, and, under §440.30, either no appeal is filed or the Support Office Director's decision is affirmed. (b) To be eligible for financial assistance, a local applicant shall submit an application pursuant to §440.12(b) to the Support Office Director within 30 days after receiving the notice referred to in paragraph (a) of this section. (c) In the event one or more local applicants submits an application for financial assistance to carry out projects in the same geographical area, the Support Office Director shall hold a public hearing with the same procedures that apply under section § 440.14(a). (d) Based on the information provided by a local applicant and developed in any hearing held under paragraph (c) of this section, the Support Office Director shall determine in writing whether to award a grant to carry out one or more weatherization projects. (e) If there is an adverse decision in whole or in part under paragraph (d) of this section, that decision is subject to administrative review under $440.30 of this part. (f) If, after a State application has been finally disapproved by DOE and the Support Office Director approves local applications under this section, the Support Office Director may reject a new State application in whole or in part as disruptive and untimely without prejudice to submission of an application for the next program year. (Approved by the Office of Management and Budget under control number 1904-0047) [49 FR 3629, Jan. 27, 1984, as amended at 58 FR 12525, 12529, Mar. 4, 1993] $440.14 State plans. (a) Before submitting an application, a State shall give not less than 10 days notice of hearing, reasonably calculated to inform prospective subgrantees, and shall conduct one or more public hearing for the purpose of receiving comments on a proposed State plan. The proposed State plan shall identify and describe proposed weatherization projects, including a statement of proposed subgrantees and the amount each will receive; shall address the other items contained in paragraph (b) of this section; and shall be made available throughout the State prior to the hearing. The notice for the hearing shall specify that copies of the plan are available and how they may be obtained. A transcript of the hearings shall be prepared and written submission of views and data shall be accepted for the record. (b) Subsequent to the hearing, the State shall prepare a final State plan which shall identify and describe: (1) The production schedule for the State, which shall indicate projected expenditures and the number of dwelling units which are expected to be weatherized each quarter during the program year; (2) An estimate of the number of dwelling units expected to be weatherized during the program year by category to include: (1) Single-family and multi-family residences; (ii) Elderly persons' residences; (v) If Native Americans do not receive direct grants under §440.11, Native American residences; and (vi) Children's residences, if the State selects this category as a priority with paragraphs (b)(2)(ii) and (b)(2)(iii) of this section. (3) The climatic conditions within the State; (4) The type of weatherization work to be done; (5) An estimate of the amount of energy to be conserved; (6) An estimate of the number of eligible dwelling units in which the elderly reside; |