[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2007]
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]