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(b) The amounts allocated under this section in any fiscal year shall be awarded to eligible agencies and organizations in the same proportion as funds distributed to those agencies and organizations by the State for the previous fiscal year under the Community Services Block Grant Program (42 U.S.C. 9904(c)(2)(A)).

(C) Agencies and organizations eligible to be funded under this section shall submit an application meeting the requirements of $S 1080.5(a) and 1080.5(b)(2), (3), (5), (6) and (7), at a time specified by the Secretary. If such an agency or organization does not apply for or submit an approvable application under this section, the funds that would have been allocated to them shall be reallocated by the Secretary to the remaining eligible agencies and organizations on a pro rata basis. [54 FR 6372, Feb. 9, 1989, as amended at 57 FR 27946, June 23, 1992)

of all tribes funded under this section, except that no tribe shall receive an amount of less than:

(1) $500, for those tribes whose allocation under this section would otherwise be at least $1 but no more than $500; or

(2) $1000, for those tribes whose allocation under this section would otherwise be at least $501 but less than $1000.

(d) For purposes of this section, an Indian tribe's poverty population shall be calculated by multiplying the tribe's overall population by the Indian rural poverty rate for the State in which it is located, using the population and rural poverty rate figures established for the purposes of making direct grants under section 674(c) of the Community Services Block Grant Act (42 U.S.C. 9903(c)).

§ 1080.7 Funding of Indian tribes.

(a) Not less than 1.5 percent of the funds provided in each fiscal year for the Emergency Community Services Homeless Grant Program shall be allocated by the Secretary directly to Indian tribes that have applied for and received a direct grant award under section 674(c) of the Community Seryices Block Grant Act (41 U.S.C. 9903(c)) for that fiscal year.

(b) An Indian tribe funded under this section is not required to submit an application for Emergency Community Services Homeless Grant Program funds. A tribe's application for a direct grant award under section 674(c) of the Community Services Block Grant Act (42 U.S.C. 9903(c)) that is submitted by September 1 for the succeeding fiscal year will be considered as an application for Emergency Community Services Homeless Grant Program funds for that fiscal year. Acceptance of the Community Services Block Grant application by the Office of Community Services will constitute approval of an award of funds under this section.

(c) Funds allocated under this section shall be allotted to an Indian tribe in an amount that bears the same ratio to all the funds allocated under this section as the tribe's poverty population bears to the total poverty population

$ 1080.8 Reporting requirements.

Each recipient of funds under the Emergency Community Services Homeless Grant Program shall submit an annual report to the Secretary, within 6 months of the end of the period covered by the report, on the expenditure of funds and the implementation of the program for that fiscal year.

(a) The report is to state the types of activities funded, any efforts undertaken by the grantee and its subgrantees to coordinate homeless activities funded under this program with other homeless assistance activities in the State and communities, the number of individuals served and any impediments, including statutory and regulatory restrictions to homeless individuals' use of the program and to their obtaining services or benefits under the program.

(b) Such annual report shall provide information on the use of funds to defray State administrative costs, including the types of activities which specifically address services to the homeless and also those activities that are related to the administrative costs associated with the coordination and integration of services to the homeless.

(c) States shall also provide information in the annual report which details programs, progress, and activities that are specifically related to expenditures for renovation, including the effects of such activities on historic properties,

and the provision of, or referral to, (b) 45 CFR part 96, subpart B. $96.14 services for domestic violence.

Time Period for Obligation and Ex(Ir!ormation collection requirements are ap

penditure of Grant Funds, as amended, prored by the Office of Management and concerning the availability of grant Badget onder control number 0910-1988) funds; (57 FR. 27946, June 23, 1992)

(c) 45 CFR part 96, subpart C-Finan

cial Management, as amended, con$1080.9 Other requirements.

cerning financial management and All recipients of grants under the audit requirements; Emergency Community Services (d) 45 CFR part 96, subpart E-EnHomeless Grant Program shall be sub- forcement, as amended, concerning enject to the following regulations appli- forcement and complaint procedures; cable to the block grant programs in and the Department of Health and Human (e) 45 CFR part 96, subpart F-HearServices:

ing Procedures, concerning hearing (a) 45 CFR part 96, subpart B, 996.12—

procedures. Grant Payment, concerning the timing and method of disbursing grant awards;

CHAPTER XI-NATIONAL FOUNDATION ON

THE ARTS AND THE HUMANITIES

SUBCHAPTER A-GENERAL

Page

Parr 1100

1105 1110 1115

Statement for the guidance of the public-organi

zation, procedure and availability of information
Standards of conduct of employees
Nondiscrimination in federally assisted programs
Privacy Act regulations

323 327 335 346

SUBCHAPTER B-NATIONAL ENDOWMENT FOR THE ARTS

1150

351 353

......

1151 1152

361

1153

365

Collection of claims under the Federal Claims Col

lection Act of 1966
Nondiscrimination on the basis of handicap
Intergovernmental review of National Endowment

for the Arts programs and activities
Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Endowment for the Arts Governmentwide debarment and suspension (non

procurement) and governmentwide requirements

for drug-free workplace (grants)
Nondiscrimination on the basis of age
Uniform administrative requirements for grants

and cooperative agreements to state and local

governments
New restrictions on lobbying

1154

371 389

1156 1157

396 423

1158

SUBCHAPTER C-FEDERAL COUNCIL ON THE ARTS AND THE

HUMANITIES

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Part 1169

451

1170

46

1174

48

Governmentwide debarment and suspension (non

procurement) and governmentwide requirements

for drug-free workplace (grants) Nondiscrimination on the basis of handicap in fed

erally assisted programs and activities Uniform administrative requirements for grants

and cooperative agreements to state and local

governments ...... Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the National Endowment for the Humanities
Part-time career employment
Claims collection
Use of penalty mail in the location and recovery of

missing children ....
Salary offset

1175

1176 1177 1178

50 51 51

511 511

1179

SUBCHAPTER E-INSTITUTE OF MUSEUM AND LIBRARY SERVICES

52

54

1180 Grants regulations 1181 Enforcement of nondiscrimination on the basis of

handicap in programs or activities conducted by

the Institute of Museum Services 1183 Uniform administrative requirements for grants

and cooperative agreements to state and local

governments 1185 Governmentwide debarment and suspension (non

procurement) and governmentwide requirements

for drug-free workplace (grants) 1186—1199 [Reserved]

57

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PART 1100-STATEMENT FOR THE

GUIDANCE OF THE PUBLIC-OR-
GANIZATION, PROCEDURE AND

AVAILABILITY OF INFORMATION .

a

Sec. 1100.1 Definitions. 1100.2 Organization. 1100.3 Availability of information to the

public. 1100.4 Current index. 1100.5 Agency procedures for handling re

quests for documents. 1100.6 Fees. 1100.7 Foundation report of actions.

AUTHORITY: 5 U.S.C. 552, as amended by Pub. L. 99–570, 100 Stat. 3207.

SOURCE: 52 FR 48266, Dec. 21, 1987, unless otherwise noted.

$ 1100.1 Definitions.

(a) Agency means the National Endownment for the Arts, the National Endowment for the Humanities, the Institute of Museum Services, or the Federal Council on the Arts and the Humanities. à (b) Commercial use request means a request by or on behalf of anyone who seeks information for a use or purpose that furthers the commercial trade or profit interests of the requestor (or the person on whose behalf the request is made.) The agency must determined the use to which a requestor will put the document. Where the agency has reasonable cause to doubt the use to which a requestor will put the records sought or the use is not clear from the request, the agency may seek additional clarification. The requestor fears the burden of demonstrating the use or purpose of the information requested.

(c) Direct costs mens those expenditures which an agency actually incurs in searching for and duplication documents to respond to a Freedom of Information Act (FOIA) request. In the case of commercial use requests, the term shall also include expenditures for reviewing documents.

(d) Duplication means the process of making a copy of a document necessary to respond to a FOIA request. Such copies may be in the form of

paper, microfilm, machine readable documents, or other materials.

(e) Educational institution means preschool, elementary, or secondary school, an institution of graduate or undergraduate higher education, an institution of professional education, or an institution of vocational education, which operates a program or programs of scholarly research.

(f) Non-commercial scientific institution means an institution that is not operated on a “commercial use" basis as defined in paragraph (b) of this section and which is operated solely for the purposes of conducting scientific research the results of which are not intended to promote any particular product or industry.

(g) Representative of the news media means any person actively gathering news for an entity that is organized and operated to publish or broadcast information that is about current events or that would be of current interest to the public. Freelance journalists may be regarded as working for a news organization if they can demonstrate a sound basis for expecting publication though that organization, even though not actually employed by it.

(h) Review means the process of examining a document located in response to a commercial use request to determine whether any portion is permitted to be withheld. Review includes processing documents for disclosure, including all that is necessary to excise them and otherwise prepare them for release. Review does not include time spent resolving general legal or policy issues regarding the application of exemptions.

(i) Search means all the time that is spent looking for material that responds to a request, including page-bypage or line-by-line identification of material in documents. Searches may be done manually or by computer using exisiting programs. § 1100.2 Organization.

The National Foundation on the Arts and the Humanities was established by the National Foundation on the Arts

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