1000.1—Scope.
This part applies to the Office of Community Services' Assets for Independence Program.
(a)
The regulations in this part implement Executive Order 12372, “Intergovernmental Review of Federal Programs,” issued July 14, 1982 and amended on April 8, 1983. These regulations also implement applicable provisions of section 401 of the Intergovernmental Cooperation Act of 1968 and section 204 of the Demonstration Cities and Metropolitan Development Act of 1966.
(b)
These regulations are intended to foster an intergovernmental partnership and a strengthened Federalism by relying on state processes and on state, areawide, regional and local coordination for review of proposed Federal financial assistance and direct Federal development.
(c)
These regulations are intended to aid the internal management of the Department, and are not intended to create any right or benefit enforceable at law by a party against the Department or its officers.
(a)
If a state process provides a state process recommendation to the Department through its single point of contact, the Secretary either:
(3)
Provides the single point of contact with such written explanation of the decision as the Secretary in this or her discretion deems appropriate. The Secretary may also supplement the written explanation by providing the explanation to the single point of contact by telephone, other telecommunication, or other means.
(b)
In any explanation under paragraph (a)(3) of this section, the Secretary informs the single point of contact that:
(1)
The Department will not implement its decision for at least ten days after the single point of contact receives the explanation; or
(2)
The Secretary has reviewed the decision and determined that, because of unsual circumstances, the waiting period of at least ten days is not feasible.
(c)
For purposes of computing the waiting period under paragraph (b)(1) of this section, a single point of contact is presumed to have received written explanation 5 days after the date such notification is dated.
(1)
Identifying proposed Federal financial assistance and direct Federal development that have an impact on interstate areas;
(2)
Notifying appropriate officials and entities in states which have adopted a process and which select the Department's program or activity.
(3)
Making efforts to identify and notify the affected state, areawide, regional, and local officials and entities in those states that have not adopted a process under the Order or do not select the Department's program or activity;
(4)
Responding pursuant to § 100.10 of this part if the Secretary receives a recommendation from a designated areawide agency transmitted by a single point of contact, in cases in which the review, coordination, and communication with the Department have been delegated.
(b)
The Secretary uses the procedures in § 100.10 if a state process provides a state process recommendation to the Department through a single point of contact.
(1)
Simplify means that a state may develop its own format, choose its own submission date, and select the planning period for a state plan.
(2)
Consolidate means that a state may meet statutory and regulatory requirements by combining two or more plans into one document and that the state can select the format, submission date, and planning period for the consolidated plan.
(3)
Substitute means that a state may use a plan or other document that it has developed for its own purposes to meet Federal requirements.
(b)
If not inconsistent with law, a state may decide to try to simplify, consolidate, or substitute federally required state plans without prior approval by the Secretary.
(c)
The Secretary reviews each state plan that a state has simplified, consolidated, or substituted and accepts the plan only if its contents meet Federal requirements.
In an emergency, the Secretary may waive any provision of these regulations.