[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: 45CFR1386.35]



[Page 351]

 

                        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 C_Federal Assistance to State Developmental Disabilities 

                                Councils

 

Sec.  1386.35  Allowable and non-allowable costs for Federal Assistance to State Developmental Disabilities Councils.



    (a) Under this subpart, Federal financial participation is available 

in costs resulting from obligations incurred under the approved State 

plan for the necessary expenses of the approved State plan for the 

necessary expenses of the State Council, the administration and 

operation of the State plan, and training of personnel.

    (b) Expenditures which are not allowable for Federal financial 

participation are:

    (1) Costs incurred by institutions or other residential or non-

residential programs which do not comply with the Congressional findings 

with respect to the rights of individuals with developmental 

disabilities in section 110 of the Act (42 U.S.C. 6009).

    (2) Costs incurred for activities not provided for in the approved 

State plan; and

    (3) Costs not allowed under other applicable statutes. Departmental 

regulations or issuances of the Office of Management and Budget.

    (c) Expenditure of funds which supplant State and local funds will 

be disallowed. Supplanting occurs when State or local funds previously 

used to fund activities in the developmental disabilities State Plan are 

replaced by Federal funds which are then used for the same purpose. 

However, supplanting does not occur if State or local funds are replaced 

with Federal funds for a particular activity or purpose in the approved 

State Plan if the State or local funds are then used for other 

activities or purposes in the approved State Plan.

    (d) For purposes of determining aggregate minimum State share of 

expenditures, there are three categories of expenditures:

    (1) Expenditures for projects or activities carried out directly by 

the Council and Council staff, as described in section 125A(a)(2) of the 

Act, require no non-Federal aggregate participation.

    (2) Expenditures for projects with activities or products targeted 

to urban or rural poverty areas but not carried out directly by the 

Council and Council staff, as described in section 125A(a)(2) of the 

Act, shall have non-Federal participation of at least 10% in the 

aggregate.

    (3) All other activities not directly carried out by the Council and 

Council staff, shall have non-Federal participation of at least 25% in 

the aggregate.

    (e) The Council may vary the non-Federal participation required on a 

project by project, activity by activity basis (both poverty and non-

poverty activities), including requiring no non-Federal participation 

from particular projects or activities as the Council deems appropriate 

so long as the requirement for aggregate non-Federal participation is 

met.



[49 FR 11779, Mar. 27, 1984, as amended at 52 FR 44847, Nov. 20, 1987; 

54 FR 47985, Nov. 20, 1989; 61 FR 51161, Sept. 30, 1996]