[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1386.2]



[Page 340]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1386_FORMULA GRANT PROGRAMS--Table of Contents

 

                      Subpart A_Basic Requirements

 

Sec.  1386.2  Obligation of funds.



    (a) Funds which the Federal Government allots under this Part during 

a Federal fiscal year are available for obligation by States for a two 

year period beginning with the first day of the Federal fiscal year in 

which the grant is awarded.

    (b) (1) A State incurs an obligation for acquisition of personal 

property or for the performance of work on the date it makes a binding, 

legally enforceable, written commitment, or when the State Developmental 

Disabilities Council enters into an Interagency Agreement with an agency 

of State government for acquisition of personal property or for the 

performance of work.

    (2) A State incurs an obligation for personal services, for services 

performed by public utilities, for travel or for rental of real or 

personal property on the date it receives the services, its personnel 

takes the travel, or it uses the rented property.

    (c) (1) The Protection and Advocacy System may elect to treat entry 

of an appearance in judicial and administrative proceedings on behalf of 

an individual with a developmental disability as a basis for obligating 

funds for the litigation costs. The amount of the funds obligated must 

not exceed a reasonable estimate of the costs, and the way the estimate 

was calculated must be documented.

    (2) For the purpose of this paragraph, litigation costs mean 

expenses for court costs, depositions, expert witness fees, travel in 

connection with a case and similar costs and costs resulting from 

litigation in which the agency has represented an individual with 

developmental disabilities (e.g. monitoring court orders, consent 

decrees), but not for salaries of employees of the Protection and 

Advocacy agency. All funds made available for Federal Assistance to 

State Developmental Disabilities Councils and to the Protection and 

Advocacy System obligated under this paragraph are subject to the 

requirement of paragraph (a) of this section. These funds, if 

reobligated, may be reobligated only within a two year period beginning 

with the first day of the Federal fiscal year in which the funds were 

originally awarded.



[49 FR 11779, Mar. 27, 1984, as amended at 54 FR 47985, Nov. 20, 1989; 

61 FR 51155, Sept. 30, 1996]