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(g) "Legislative body" means the q~-
<br />ed official or officials of the reci]~At
<br />government who have the primary legal
<br />responsibility for enacting the budget.
<br /> (h) "Presented" means, In the budge!
<br />context, the submission of a proposed
<br />budget to the legislative body having
<br />primary legal responsibility for enact-
<br />ing the budget of a recipient govern-
<br />ment.
<br /> (i) "Public hearing" means a meeting
<br />called by a recipient government to pro-
<br />vide citizens with an opportunity to offer
<br />
<br />public hearing, or publication require-g
<br />merits of this subpirt, the Director shallq
<br />apply the procedures for effecting com-
<br />pliance set forth in § 51.3 of su. bpart
<br />A o! this part.
<br />~ 51.12 Use reports. ' .....
<br />' (a) In general Each recipient gov-
<br />ernment shall submit a report to the
<br />Director (or such agency as the Director
<br />may designate) setting forth the
<br />amounts and, purposes for which en-
<br />titlement funds have been appropriated.
<br />
<br />written and oral comments regarding spent or obligated during its fiscal year.
<br />th'e subject to be discussed.'A public Such report shall also show the rela-
<br />hiaring required under this subpart~ tionship of the entitlement funds to the
<br />may be held concurrently with other relevant functional' items in the recipi-
<br />rfieetlngs held by the recipient govern- ent government's budget and shall lden-
<br />
<br /> merit for public purposes (such as town
<br /> ~/eetings, budget Cessions an'd other reg-
<br /> ular meetings), provided thai'the reclp:
<br /> lefit government complies with the public
<br /> notice requirements of this subpart. '"
<br /> (J) "Publication" means giving notice
<br /> or advising the public, and making in-
<br /> formation known to the citizens of the
<br /> recipient government. .
<br /> (k) "Recipient government" means a
<br /> State government, unit of local govern-
<br /> ment, Indian tribe. Alaskan native
<br />lace. or the office of the separate law eh-
<br />forcement officer for any parish in tb
<br />State of Louisiana (except for the Par-
<br />tsh of Orleans) which receives entitle-
<br />ment funds.
<br /> (l) "Use report" means a report re-
<br />quired by the Director from each recipi-
<br />ent government showing the amounts
<br />and purposes for which entitlement
<br />funds have been used.
<br />§ 51.11 Beports to the Director; assur-
<br /> ances; procedure for effectlng eom-
<br /> pllance.
<br /> (a) In peneraI. The Director may re-
<br />quire each recipient government receiv-
<br />ing entitlement funds to submit such
<br />annual and interim reports as may be
<br />necessary to provide a basis for evalu-
<br />ation and review of compliance with. and
<br />effectiveness of, the provisions of the
<br />Act and regulations of this part. .
<br /> (b) tZequtstte o~surances lor re-
<br />ceipt o! entitlement lunds. In order to
<br />quality for entitlement funds for an en-
<br />titlement period the chief executive of-
<br />ricer of each recipient government, when
<br />requested by the Director, shall file a
<br />statement of assurances on a form to
<br />be provided. The Statement of Assur-
<br />ances will state the recipient govern-
<br />ment's intention to comply with speci-
<br />fied requirements of the Act and the
<br />prohibitions and restrictions of Subparta
<br />D, E, and F of this part, with respect to
<br />the use of entitlement funds. The Direc-
<br />tor will afford the Governor of each
<br />State and opportunity for review and
<br />comment to the Office of Revenue Shar-
<br />ing on the adequacy of the assurances
<br />by units of local government, other than
<br />Indian tribes and Alaskan native villages,
<br />
<br />tlfy differences between' actual use of
<br />entitlement funds and the. use of such
<br />funds as planned in the enacted budget.
<br />The report shall be riled off the form
<br />prescribed and approved by th~"'Director
<br />and shall be submitted at the thlae re-
<br />~luested by the Bureau of the Ce-psus.
<br />l~ailure to file the report as prescribed
<br />by the Director may Jeopardize futuKe
<br />entitlement payments pursuant to § 51.3
<br />(c) of this part.
<br />· (b) Public inspection. A copy of the
<br />-use report and documentation neces-
<br />sary to support it shay be made avail-
<br />able for public inspection. Within 10
<br />days after the use report is filed, this
<br />information shall be placed at the prin-
<br />cipal office of the recipient government
<br />for public inspection during normal busi-
<br />ness hours. Where feasible, local public
<br />libraries lnd other public buildings
<br />should be used also. If the recipient gov-
<br />ernment has no principal office, the re-
<br />port and supporting documentation shah
<br />be made available for public inspection
<br />at a public place or places within the
<br />political boundaries of the recipient
<br />government to satisfy the requirements
<br />of this paragraph.
<br /> (c) Notice o! availability o! USe re-
<br />ports. The recipient government shall
<br />publish notice which indicates that the
<br />actual use report is available for public
<br />.inspection. Such notice shah specify the
<br />
<br />. location(s) and hours during which the
<br />.report and its supporting documentation
<br />are available to the public. Publication
<br />of the notice shall be made in a news-
<br />paper of general circulation serving the
<br />recipient government's geographic area.
<br />Where newspaper publication is imprac-
<br />tical, alternative methods of publicatio~
<br />shah be used as provided in § 51.13(c)
<br />(2) of this subpart.
<br /> (d) Sub~ntsskm o! USe reports to Gov-'
<br />
<br /> any fiscal year pursuant to a budget
<br /> acted on or after January 1, 1977, shall
<br /> rove at least one public hearing on the
<br /> possible uses of such funds. At such pub-
<br /> lic hearing, citizens of the recipient gov-
<br /> ernment shall have the opportunity to
<br /> provide the executive authority written
<br /> or oral comments and suggestions re-
<br /> specting the possible uses of entitlement
<br /> funds. The public hearing shall be con-
<br /> ducted not less than seven calendar days
<br /> before the budget is presented to the leg-
<br /> islative body.
<br /> (b) Publid notice. Notice of the pub-
<br /> lic hearing shall be published in at least
<br /> one newspaper of general circulation
<br /> serving the recipient government's geo-
<br /> graphic area, no later than 10 days prior
<br /> to the scheduled date of the hearing.
<br /> Such notice shay include the date, place.
<br /> and time of the public hearing, the
<br /> amount of unappropriated entitlement
<br /> funds in the recipient government's rev-
<br /> enue sharing trust fund, and the amount
<br /> of entitlement funds which the recipient
<br /> government expects to receive during its
<br /> fiscal year. In addition, the notice shah
<br /> specify that citizens attending the public
<br /> hekring shah have the right to provide
<br /> Written and oral c~mments and sugges-
<br /> ti6ns respecting possible uses of entitle-
<br /> ment funds.
<br /> (c) Waiver o! proposed use hearing
<br />and notice requirements; alternative
<br />~nethod o! publication. (1) The Director,
<br />upon written application by the chief
<br />executive officer of a recipient govern-
<br />ment. may grant ~ waiver of the pro-
<br />posed use hearing requirements for one
<br />or more entitlement periods, if it can be
<br />determined irom the tacts submitted
<br />that the unavoidable expenses associated
<br />with holding the public hearing would
<br />exceed fifteen (15) percent of the recip-
<br />ient government's entitlement. For. pur-
<br />poses of this paragraph, "unavoidable
<br />expenses" are zhose incurred in holding
<br />the public hearing, such as space, furni-
<br />ture. and equipment rentals, overtime
<br />compensation, and similar direct co, ts
<br />including the costs of publlcatl9n of the
<br />public notice. -
<br /> (2) The newspaper publication re-
<br />quirements for the notice of the proposed
<br />use hearing may be waived by .the Di-
<br />rector upon written application by the
<br />chief executive officer of the recipient
<br />· government. The application shah in-
<br />dicate the circumstances making news-
<br />'paper publication impractical, and pro-
<br />vide for an alternative'method of noti-
<br />fication which informs ,,citizens of the
<br />
<br />ernor. The Director (or such agency as recipient government of the date, place,
<br />'the Director may designate) shall fur" time, and subject of the p~blic hearing.
<br />nigh the reports required under para-
<br /> graph ia) of this section, except those]§ 51.14 Budget hearing. ~ .-
<br /> ~-~(
<br />'reports relating to Indian tribes and[ a) Budget hearing Frocedure, Each
<br />,Alaskan native vlllage~, to the Governor recipient government which expends eh-
<br />of the State in which a recipient govern- ~ltlement funds in any fiscal year pur-
<br />merit is located, in the manner and form ~uant to a budget enacted on or after
<br />prescribed by the Director.
<br />
<br />located In his State. . . j s
<br /> § 51 13 Proposed use hearm~
<br /> ¢C) Procedure !or elTecttn~ comvlt-! ' ' ' ']
<br />arwe. If a recipient government falls- -to ] (a) In general. Each recipient govern~
<br />comply with the assurance, reporting, lment which expends entitlement fund~
<br />
<br />~apuary 1, 1977, shay have at least one
<br />,hbHc hearing on the government's pro-
<br />,osed uses for entitlement funds in re!a-
<br />:ion to its entire budget. The budget
<br />hearing shall be conducted by the legisla-
<br />
<br />
<br />
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