§ 141.44. FFY 1985 and thereafter.
(a) Entitlement grants will be allocated as follows:
(1) Eighty-five percent of available FFY funds will be distributed under sections 4—7 of the act (35 P. S. § § 1754—1757).
(2) Individual entitlement grants will be adjusted to account for repayments of excess funds or underpayments received in FFY 1984 as specified in sections 10—12 of the act (35 P. S. § § 1760—1762).
(3) While the act provides an annual allocation of funds for units of local government in the entitlement classes, these allocations should be considered as a planning guide. The Department recognizes that funding allocations provided in the act may, in some cases, be less than adequate to fund projects of sufficient scope to meet community needs. The Department encourages applicants to utilize one of the following methods to finance larger projects:
(i) An eligible applicant may prepare a single or multipurpose 3-year funding plan for an integrated set of activities of sufficient scope to meet community needs.
(ii) An eligible applicant may waive the current year’s allocation and apply in one of the next 2 years for a grant including two or three annual allocations in a single funding year.
(iii) An eligible applicant may prepare an application for two or three times the amount of its minimum annual allocation and agree not to file an application for the subsequent grant years.
(4) Applications submitted under paragraph (3)(iii) will be competitively reviewed and selected by the appropriate administering authority. Unsuccessful applicants may reapply in future years for grants in excess of the minimum allocation.
(b) The balance of the FFY funds will be allocated as follows:
(1) Two percent of the FFY funds will be allocated for Departmental administration.
(2) Thirteen percent of the available FFY funds may be allocated for grant assistance as provided for in section 4(2) of the act (35 P. S. § 1754(2)), less funds required for repayment under section 12(b) of the act (35 P. S. § 1762(b)).
(c) Special conditions imposed on grants for FFY 1985 and thereafter include the following:
(1) Urban counties. Eligible entitlement entities located within urban counties, regardless of population size, shall directly apply for and receive their entitlement grants from the Department.
(2) Waiver provisions. Section 8(d)(2) of the act (35 P. S. § 1758(d)(2)) provides for grant waivers for eligible entitlement entities. The Department will evaluate each eligible entitlement grant application to determine if the application proposes activities sufficient to meet the scope of the entity’s community development needs—as required under section 3(3) of the act (35 P. S. § 1753(3))—and if particular FFY allocated funds are sufficient to address the identified community development needs. The eligible entitlement entity may request one or two entitlement grant waivers so meaningful and needed activities can be undertaken in the future. If an eligible entitlement entity requests a grant waiver, this request shall be authorized by an official resolution of the entity’s governing body. Where applicable, the request shall be submitted through the administering county, in writing, to the Department and specify whether one or two entitlement grants are being waived. If the Department approves a waiver of one or two entitlement grants for an entitlement entity, the Department will notify the affected entity of the waiver action to be taken. In the event the Department approves a waiver by an eligible entity, the Department will distribute those funds to eligible entitlement entities of the same class, under section 8(d)(2) of the act (35 P. S. § 1758(d)(2)).
(3) Use of waived funds. Waived entitlement grants shall be used and repaid under section 8(d)(3)—(5) of the act (35 P. S. § 1758(d)(3)—(5)).
(4) Failure to apply—counties. If a county either fails to apply for its own entitlement grant, or where the application is not determined to be of adequate scope and size to effectively address the applicant municipality’s community development needs, the Department will distribute those funds under section 7(c)(2) of the act (35 P. S. § 1757(c)(2)).
(5) Failure to apply—population under 10,000. If a county fails to apply for an entitlement grant for an entity with a population under 10,000, the entitlement entity may apply for its own grant.
(6) Failure to apply—cities, boroughs, towns and townships. If an entitlement city, entitlement borough, town or township fails to apply for its entitlement grant or submits an application for ineligible activities, the Department will distribute these funds under the act.
(7) Amended applications. If an eligible entitlement entity submits an application that is deemed to be inadequate in scope and size to meet that community’s development needs, or is deemed inconsistent with the requirements of State or Federal statutes, that community will be afforded a reasonable opportunity to cure its application. An applicant may not be required to submit an amended application in less than 45 days after it is notified in writing by the Department that its application cannot be approved as filed.
(8) Change in eligibility status. If the eligibility status of a local government changes, the change in status may not affect the particular eligibility of the local government for the purpose of funding allocation under the act until the next program year, unless the change in status occurs prior to the application submission deadline established by the Department for the current program funding allocations.
(9) Insufficient funds. If Federal appropriations to the program are insufficient to provide the full amount of entitlement grants authorized under the act, the entitlement grants will be reduced under section 5(b) of the act (35 P. S. § 1755(b)).
(10) Loss of funds. In the event that Federal funds cease to be available to this program, neither the Department nor the Commonwealth may be liable for a commitment or the completion of a partially completed or partially funded project as a result of this program.
Source The provisions of this § 141.44 adopted March 21, 1986, effective March 22, 1986, 16 Pa. B. 943.
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