Notice: Request for Public Comment on Proposed Advisory 09-001 Maintenance of Effort Funding, 75698-75700 [E8-29442]
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75698
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
If your application is not evaluated or
not selected for funding, we notify you.
2. Administrative and National Policy
Requirements: We identify
administrative and national policy
requirements in the application package
and reference these and other
requirements in the Applicable
Regulations section in this notice.
We reference the regulations outlining
the terms and conditions of an award in
the Applicable Regulations section in
this notice and include these and other
specific conditions in the GAN. The
GAN also incorporates your approved
application as part of your binding
commitments under the grant.
3. Reporting: Applicants selected for
funding will be required to submit to
the Department an annual report that
includes the information from section
5227(b) of the ESEA and any other
information the Secretary may require.
Grantees must also cooperate and
assist the Department with any periodic
financial and compliance audits of the
grantee, as determined necessary by the
Department. The specific Performance
Agreement between the grantee and the
Department may contain additional
reporting requirements.
At the end of your project period, you
must submit a final performance report,
including financial information, as
directed by the Secretary. If you receive
a multi-year award, you must submit an
annual performance report that provides
the most current performance and
financial expenditure information as
directed by the Secretary under 34 CFR
75.118. The Secretary may also require
more frequent performance reports
under 34 CFR 75.720(c).
4. Performance Measures: The
performance measures for this program
are: (1) The amount of funding grantees
leverage for charter schools to acquire,
construct, and renovate school facilities
and (2) the number of charter schools
served. Grantees must provide this
information as part of their annual
performance reports.
VII. Agency Contacts
FOR FURTHER INFORMATION CONTACT:
jlentini on PROD1PC65 with NOTICES
Valarie Perkins or Jim Houser, U.S.
Department of Education, 400 Maryland
Avenue, SW., room 4W258,
Washington, DC 20202–6140.
Telephone: (202) 260–1924 or by e-mail:
charter.facilities@ed.gov.
If you use a TDD, call the FRS, toll
free, at 1–800–877–8339.
VIII. Other Information
Alternative Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an alternative format (e.g., braille, large
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17:56 Dec 11, 2008
Jkt 217001
print, audiotape, or computer diskette)
on request to the program contact
persons listed under FOR FURTHER
INFORMATION CONTACT in section VII in
this notice.
Electronic Access to This Document:
You can view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site. If you have questions about
using PDF, call the U.S. Government
Printing Office (GPO), toll free, at 1–
888–293–6498; or in the Washington,
DC, area at (202) 512–1530.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Dated: December 9, 2008.
Amanda L. Farris,
Assistant Deputy Secretary for Innovation and
Improvement.
[FR Doc. E8–29501 Filed 12–11–08; 8:45 am]
BILLING CODE 4000–01–P
ELECTION ASSISTANCE COMMISSION
Notice: Request for Public Comment
on Proposed Advisory 09–001
Maintenance of Effort Funding
AGENCY: United States Election
Assistance Commission.
ACTION: Notice: request for public
comment.
SUMMARY: The EAC seeks public
comment on the proposed policy
‘‘Advisory 09–001 Maintenance of Effort
Funding.’’ This advisory supersedes
Advisories 07–003 and 07–003A and
fulfills the Election Assistance
Commission’s (EAC) ongoing
responsibility to provide information on
the management of Federal funds
provided under the Help America Vote
Act (HAVA). EAC issues this notice
according to a policy adopted on
September 18, 2008 that requires EAC to
provide notice and an opportunity for
public comment on, among other things,
advisories being considered for
adoption by the U.S. Election Assistance
Commission.
DATES: Comments must be received by
5 p.m. EST on January 6, 2009.
ADDRESSES: Comments may be
submitted: Via e-mail at
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
havafunding@eac.gov, Via mail
addressed to the U.S. Election
Assistance Commission 1225 New York
Ave, NW., Suite 1100, Washington, DC
20005, or by fax at 202/566–3127.
Commenters are encouraged to submit
comments electronically and include
‘‘MOE Advisory 09–001’’ in the subject
line, to ensure timely receipt and
consideration.
The
following is the complete text of the
proposed Advisory 09–001 Maintenance
of Effort Funding the EAC is seeking
public comment on.
SUPPLEMENTARY INFORMATION:
Proposed Advisory 09–001
Maintenance of Effort Funding
EAC ADVISORY 09–001
MAINTENANCE OF EFFORT
FUNDING
Date Issued: DRAFT.
I. General
This advisory supersedes Advisories
07–003 and 07–003A and fulfills the
Election Assistance Commission’s (EAC)
ongoing responsibility to provide
information on the management of
Federal funds provided under the Help
America Vote Act (HAVA). For
recipients of HAVA Title II
Requirements Payments, this advisory
specifies the entities to which the
Maintenance of Effort (MOE)
requirement applies, explains how to
calculate the MOE base level amount,
and describes how to satisfy the
continuing requirement for MOE.
MOE is a means by which Congress,
and thereby the Federal Government,
requires a recipient to share in the
funding of a particular endeavor by
requiring that the Federal funding
actually increases the amount of
financial support to a particular
program or task. Specifically, MOE
requirements are used to ensure that the
recipient is not replacing or supplanting
its prior level of spending on a
particular program or task with Federal
dollars.
II. Applicability to HAVA
Section 254(a)(7) of HAVA establishes
the requirement for MOE, as follows:
How the State, in using the requirements
payment, will maintain the expenditures of
the State for activities funded by the payment
at a level that is not less than the level of
such expenditures maintained by the State
for the fiscal year ending prior to November
2000 (hereinafter referred to as state fiscal
year 2000).
The MOE requirement is defined by a
pre-determined ‘‘base level of
expenditure’’ expended in state fiscal
year 2000 for election administration
E:\FR\FM\12DEN1.SGM
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Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
costs funded by HAVA Requirements
Payments.1 Recipients of HAVA
Requirements Payments are required to
maintain this expenditure level, in
addition to spending of HAVA dollars,
as a condition of receipt of funds.
III. Applicability to Recipients of Title
II, Section 251 Requirements Payments
Per HAVA Sections 253 and 254(a)(7),
MOE is applicable to recipients of
HAVA Requirements Payments. State
election offices in each of the 50 states,
the District of Columbia, Puerto Rico,
the U.S. Virgin Islands, Guam, and
American Samoa (‘‘States’’) are the grant
recipients of Requirements Payments.
As the grant recipients, State election
offices are required to meet the MOE
requirements and maintain appropriate
supporting documentation.
IV. Calculation of Base Level of
Expenditure
jlentini on PROD1PC65 with NOTICES
Per HAVA Section 254(a)(7), each
State’s State Plan must include a
description of how the State intends to
meet the MOE requirements. Although
not required, the EAC encourages that
State Plans specify whether the State
had expenditures in state fiscal year
2000 that triggered MOE, identify the
amount expended in state fiscal year
2000, and explain how the State intends
to meet the MOE requirements. That
notwithstanding, if a State had
expenditures that triggered MOE, it
must maintain documentation to
support the determination of the base
level of expenditure for state fiscal year
2000 for audit purposes. States may
calculate the base level of expenditure
for state fiscal year 2000 in either of two
manners:
1. Identify the total expended by the
State on all election administration
activities in state fiscal year 2000.2
Or
1 Activities funded by HAVA Title II
Requirements Payments include: (1) Procuring
voting systems that comply with the requirements
of HAVA Title III, Section 301, (2) developing,
operating, and/or maintaining a computerized
statewide voter registration list, (3) providing
required information to voters at the polling place
for Federal elections, (4) implementing and/or
operating a system of provisional voting during
Federal elections; (5) implementing identification
requirements for first-time voters who register to
vote by mail, and (6) improving the administration
of elections for Federal office. Therefore, if a State
was spending money on any of these types of
activities in the state fiscal year 2000, it will be
subject to the MOE requirement.
2 With this method, a State may use its entire
budget for election-related activity in state fiscal
year 2000 to establish the base level of expenditure.
It is not necessary to break out activities related to
Title III.
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17:56 Dec 11, 2008
Jkt 217001
2. Identify the total expended by the
State for each Title III-related activity in
state fiscal year 2000.3
Note: If no funds were expended by the
State in state fiscal year 2000 for activities
related to Title III, the State shall maintain
a record of such determination.
V. Satisfaction of MOE
Per HAVA Section 254(a)(7), a State
must meet the MOE requirement in each
applicable fiscal year in which it
expended Title II Requirements
Payments. If no Requirements Payments
are used in a fiscal year, there is no
applicable MOE requirement for that
year.
A State may determine that it has met
the MOE requirement in an applicable
Federal fiscal year by expending the
same or greater amount of State funds 4
than the base year level of expenditure
on either:
1. All election administration
activities.5
Or
2. Each HAVA activity (or activities)
on which the state expends funds as the
corresponding base year activity (or
activities).6
VI. Sub-Award of HAVA Title II
Requirements Payments and MOE
State election offices may sub-award
HAVA funds to counties or local units
of government per HAVA Section
254(a)(2). However, if a State subawards Requirements Payments to
counties or local units of government,
then the county or local unit of
government is also subject to the
requirements of MOE. In accordance
with the ‘‘Common Rule,’’ which
requires States to ensure sub-recipients
comply with the requirements of
Federal statutes, the State election office
3 With this method, a State needs to identify
separately the amount spent on any of the following
activities in state fiscal year 2000: voting
equipment, voter registration database, ID
requirements, provisional voting, and voter
information.
4 State funds used to meet an MOE requirement
may not include funds provided as the State’s 5
percent match.
5 If the total State dollars expended on electionrelated activities for a given fiscal year is the same
or greater than the total base level for state fiscal
year 2000, the State will have met the MOE
requirement for that year.
6 The State, for example, would need to document
that the State expended in a given fiscal year the
same or more on each activity on which
Requirements Payments are expended than the
amount spent in each allowable area in state fiscal
year 2000: Voting equipment, voter registration
database, ID requirements, provisional voting, and
voter information. If the State does not spend any
Requirements Payments on an activity (say, voting
equipment) in a particular fiscal year, then the MOE
requirement for that activity (voting equipment)
would not apply.
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
75699
is responsible for ensuring that a subrecipient is not replacing or supplanting
its prior level of spending on a
particular program or task with Federal
dollars.
The State Plan must include a
description of the distribution and
monitoring of these sub-awards,
including MOE requirements. Although
not required, the EAC encourages States
to provide detailed and specific
information in the State Plan on the
manner in which the State intends to
account for MOE by sub-recipient. In
any event, if a State sub-awards
Requirements Payments, it must
maintain documentation to support its
monitoring methods, including
determinations of MOE base levels of
sub-recipients, for audit purposes.
VII. Calculation of Base Level of
Expenditure for Sub-Recipients
If a State sub-awards grants to county
or local units of government for a
specific activity (or activities), then the
county’s or local unit government’s base
level of expenditure for state fiscal year
2000 may be calculated in either of two
manners:
1. Identify the total expended by the
sub-recipient on all election
administration activities.7
Or
2. Identify the total expended by the
sub-recipient on the specific activity
(activities) for which Federal funds were
provided.8
Note: If no funds were expended by the
sub-recipient in state fiscal year 2000 for the
activity (activities) related to Title III, the
State shall maintain a record of such
determination.
If a State sub-awards grants to a subrecipient for a non-specific activity,
other than all activities allowed by
HAVA, then the sub-recipient’s base
level of expenditure for state fiscal year
2000 may be calculated in either of two
manners:
1. Identify the total expended by the
sub-recipient on all election
administration activities in the state
fiscal year 2000.9
7 With this method, a sub-recipient may use its
entire budget for election-related activity in state
fiscal year 2000 to establish the base level of
expenditure. It is not necessary to break out
activities related to Title III.
8 For example, if a State provides a sub-grant for
the purchase of voting equipment, the base level
calculation does not need to include all
expenditures toward activities allowed by HAVA,
but rather the calculation includes only the
expenditures on voting equipment by the recipient
county or local unit of government in state fiscal
year 2000.
9 With this method, a sub-recipient may use its
entire budget for election-related activity in state
E:\FR\FM\12DEN1.SGM
Continued
12DEN1
75700
Federal Register / Vol. 73, No. 240 / Friday, December 12, 2008 / Notices
Or
2. Identify the total expended by subrecipient for each Title III-related
activity in state fiscal year.10
Note: If no funds were expended by the
sub-recipient in state fiscal year 2000 for the
activities related to Title III, the State shall
maintain a record of such determination.
VIII. Satisfaction of MOE by SubRecipients
jlentini on PROD1PC65 with NOTICES
As the grant recipient, the State is
ultimately responsible for ensuring
compliance with the MOE, including
compliance by sub-recipients. The MOE
requirement is applicable to subrecipients in each fiscal year in which
the sub-recipient expends Title II
Requirements Payments. If no
Requirements Payments are used in a
fiscal year, there is no applicable MOE
requirement for that year. The State may
determine compliance with the MOE
requirements by its sub-recipients in
either of two manners:
1. The State may hold each subrecipient individually responsible for
meeting an applicable MOE requirement
by determining the sub-recipient
expends the same or greater local funds
than the sub-recipient’s base level of
expenditure 11 on either:
a. All election administration
activities.12
Or
b. Each HAVA activity (or activities)
on which the sub-recipient expends
funds as the corresponding base year
activity (or activities).13
Or
2. The State may assume
responsibility for meeting the MOE
fiscal year 2000 to establish the base level of
expenditure. It is not necessary to break out
activities related to Title III.
10 With this method, a sub-recipient needs to
identify separately the amount spent on any of the
following activities in state fiscal year 2000: Voting
equipment, voter registration database, ID
requirements, provisional voting, and voter
information.
11 In this method, the sub-recipient county or
local unit of government would be responsible for
the applicable MOE for any Requirements Payments
expended in a given fiscal year.
12 If the total local dollars expended by the subrecipient on election-related activities for a given
fiscal year are the same or greater than the total base
level, the sub-recipient will have met the MOE
requirement for that year.
13 The sub-recipient, for example, would need to
document that the sub-recipient expended in a
given fiscal year the same or more on each activity
on which Requirements Payments are expended
than the amount spent in each allowable area in
state fiscal year 2000: Voting equipment, voter
registration database, ID requirements, provisional
voting, and voter information. If the sub-recipient
does not spend any Requirements Payments on an
activity (say, voting equipment) in a particular
fiscal year, then the MOE requirement for that
activity (voting equipment) would not apply.
VerDate Aug<31>2005
17:56 Dec 11, 2008
Jkt 217001
requirements of its sub-recipients by
expending State dollars in an amount
equal or greater than the sub-recipient’s
base level of expenditure, in addition to
any MOE applicable to the State, in each
Federal fiscal year that HAVA funds are
used by the sub-recipient 14 on either:
a. All election administration
activities.15
Or
b. Each HAVA activity (or activities)
on which the sub-recipient expends
funds as the corresponding base year
activity (or activities).16
Donetta L. Davidson,
Vice-Chair, U.S. Election Assistance
Commission.
[FR Doc. E8–29442 Filed 12–11–08; 8:45 am]
BILLING CODE 6820–KF–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 785–018]
Consumers Energy Company; Notice
of Application Ready for
Environmental Analysis and Soliciting
Comments, Recommendations, Terms
and Conditions, and Prescriptions
December 8, 2008.
Take notice that the following
hydroelectric license application has
been filed with the Commission and is
available for public inspection.
a. Type of Application: New License.
b. Project No.: P–785–018.
c. Date Filed: April 4, 2008.
d. Applicant: Consumers Energy
Company.
e. Name of Project: Calkins Bridge
Hydroelectric Project.
f. Location: On the Kalamazoo River
in Allegan County, Michigan. The
project does not occupy federal lands.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791(a)–825(r).
h. Applicant Contact: James R.
Coddington, Consumers Energy
14 In this method, the State will absorb
responsibility by expending State dollars, in excess
of the State’s MOE requirement, to account for a
sub-recipient’s MOE.
15 The State, for example, must expend the same
or more State dollars in each applicable fiscal year
than the sub-recipient’s total base level.
16 The State in each applicable fiscal year, for
example, must expend the same or more in each
allowable area than the amount spent by the subrecipient in each allowable area in state fiscal year
2000: Voting equipment, voter registration database,
ID requirements, provisional voting, and voter
information. If the sub-recipient does not spend any
Requirements Payments on an activity (say, voting
equipment) in a particular fiscal year, then the MOE
requirement for that activity (voting equipment)
would not apply.
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Company, One Energy Plaza, Jackson,
MI 49201, (517) 788–2455.
i. FERC Contact: Tim Konnert, (202)
502–6359 or timothy.konnert@ferc.gov.
j. Deadline for filing comments,
recommendations, terms and
conditions, and prescriptions: 60 days
from the issuance date of this notice;
reply comments are due 105 days from
the issuance date of this notice.
All documents (original and eight
copies) should be filed with: Kimberly
D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
The Commission’s Rules of Practice
and Procedure require all intervenors
filing documents with the Commission
to serve a copy of that document on
each person whose name appears on the
official service list for the project.
Further, if an intervenor files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
particular resource agency, they must
also serve a copy of the document on
that resource agency.
Comments, recommendations, terms
and conditions, and prescriptions may
be filed electronically via the Internet in
lieu of paper. The Commission strongly
encourages electronic filings. See CFR
385.2001(a)(1)(iii) and the instructions
on the Commission’s Web site (https://
www.ferc.gov) under the ‘‘eFiling’’ link.
k. This application has been accepted,
and is ready for environmental analysis
at this time.
l. The existing Calkins Bridge Project
consists of: (1) A 42-foot-high, 1,330foot-long dam, consisting of a 1,100foot-long earth embankment section and
a 230-foot-long concrete integral
powerhouse-spillway section; (2) an 8.5mile-long, 1,550-acre reservoir with a
normal water surface elevation of 615.0
feet above mean sea level; (3) a
powerhouse containing three generating
units with a total installed capacity of
2,550 kilowatts; (4) three 64-foot-long,
24-kilovolt buried transmission cables
connected to the regional grid; and (5)
appurtenant facilities. The estimated
average annual generation of the project
is 13,041 megawatt-hours.
m. A copy of the application is
available for review at the Commission
in the Public Reference Room or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
Online Support at
FERCOnlineSupport@ferc.gov or tollfree at 1–866–208–3676, or for TTY,
(202) 502–8659. A copy is also available
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75698-75700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29442]
=======================================================================
-----------------------------------------------------------------------
ELECTION ASSISTANCE COMMISSION
Notice: Request for Public Comment on Proposed Advisory 09-001
Maintenance of Effort Funding
AGENCY: United States Election Assistance Commission.
ACTION: Notice: request for public comment.
-----------------------------------------------------------------------
SUMMARY: The EAC seeks public comment on the proposed policy ``Advisory
09-001 Maintenance of Effort Funding.'' This advisory supersedes
Advisories 07-003 and 07-003A and fulfills the Election Assistance
Commission's (EAC) ongoing responsibility to provide information on the
management of Federal funds provided under the Help America Vote Act
(HAVA). EAC issues this notice according to a policy adopted on
September 18, 2008 that requires EAC to provide notice and an
opportunity for public comment on, among other things, advisories being
considered for adoption by the U.S. Election Assistance Commission.
DATES: Comments must be received by 5 p.m. EST on January 6, 2009.
ADDRESSES: Comments may be submitted: Via e-mail at
havafunding@eac.gov, Via mail addressed to the U.S. Election Assistance
Commission 1225 New York Ave, NW., Suite 1100, Washington, DC 20005, or
by fax at 202/566-3127. Commenters are encouraged to submit comments
electronically and include ``MOE Advisory 09-001'' in the subject line,
to ensure timely receipt and consideration.
SUPPLEMENTARY INFORMATION: The following is the complete text of the
proposed Advisory 09-001 Maintenance of Effort Funding the EAC is
seeking public comment on.
Proposed Advisory 09-001 Maintenance of Effort Funding
EAC ADVISORY 09-001 MAINTENANCE OF EFFORT FUNDING
Date Issued: DRAFT.
I. General
This advisory supersedes Advisories 07-003 and 07-003A and fulfills
the Election Assistance Commission's (EAC) ongoing responsibility to
provide information on the management of Federal funds provided under
the Help America Vote Act (HAVA). For recipients of HAVA Title II
Requirements Payments, this advisory specifies the entities to which
the Maintenance of Effort (MOE) requirement applies, explains how to
calculate the MOE base level amount, and describes how to satisfy the
continuing requirement for MOE.
MOE is a means by which Congress, and thereby the Federal
Government, requires a recipient to share in the funding of a
particular endeavor by requiring that the Federal funding actually
increases the amount of financial support to a particular program or
task. Specifically, MOE requirements are used to ensure that the
recipient is not replacing or supplanting its prior level of spending
on a particular program or task with Federal dollars.
II. Applicability to HAVA
Section 254(a)(7) of HAVA establishes the requirement for MOE, as
follows:
How the State, in using the requirements payment, will maintain
the expenditures of the State for activities funded by the payment
at a level that is not less than the level of such expenditures
maintained by the State for the fiscal year ending prior to November
2000 (hereinafter referred to as state fiscal year 2000).
The MOE requirement is defined by a pre-determined ``base level of
expenditure'' expended in state fiscal year 2000 for election
administration
[[Page 75699]]
costs funded by HAVA Requirements Payments.\1\ Recipients of HAVA
Requirements Payments are required to maintain this expenditure level,
in addition to spending of HAVA dollars, as a condition of receipt of
funds.
---------------------------------------------------------------------------
\1\ Activities funded by HAVA Title II Requirements Payments
include: (1) Procuring voting systems that comply with the
requirements of HAVA Title III, Section 301, (2) developing,
operating, and/or maintaining a computerized statewide voter
registration list, (3) providing required information to voters at
the polling place for Federal elections, (4) implementing and/or
operating a system of provisional voting during Federal elections;
(5) implementing identification requirements for first-time voters
who register to vote by mail, and (6) improving the administration
of elections for Federal office. Therefore, if a State was spending
money on any of these types of activities in the state fiscal year
2000, it will be subject to the MOE requirement.
---------------------------------------------------------------------------
III. Applicability to Recipients of Title II, Section 251 Requirements
Payments
Per HAVA Sections 253 and 254(a)(7), MOE is applicable to
recipients of HAVA Requirements Payments. State election offices in
each of the 50 states, the District of Columbia, Puerto Rico, the U.S.
Virgin Islands, Guam, and American Samoa (``States'') are the grant
recipients of Requirements Payments. As the grant recipients, State
election offices are required to meet the MOE requirements and maintain
appropriate supporting documentation.
IV. Calculation of Base Level of Expenditure
Per HAVA Section 254(a)(7), each State's State Plan must include a
description of how the State intends to meet the MOE requirements.
Although not required, the EAC encourages that State Plans specify
whether the State had expenditures in state fiscal year 2000 that
triggered MOE, identify the amount expended in state fiscal year 2000,
and explain how the State intends to meet the MOE requirements. That
notwithstanding, if a State had expenditures that triggered MOE, it
must maintain documentation to support the determination of the base
level of expenditure for state fiscal year 2000 for audit purposes.
States may calculate the base level of expenditure for state fiscal
year 2000 in either of two manners:
1. Identify the total expended by the State on all election
administration activities in state fiscal year 2000.\2\
---------------------------------------------------------------------------
\2\ With this method, a State may use its entire budget for
election-related activity in state fiscal year 2000 to establish the
base level of expenditure. It is not necessary to break out
activities related to Title III.
---------------------------------------------------------------------------
Or
2. Identify the total expended by the State for each Title III-
related activity in state fiscal year 2000.\3\
---------------------------------------------------------------------------
\3\ With this method, a State needs to identify separately the
amount spent on any of the following activities in state fiscal year
2000: voting equipment, voter registration database, ID
requirements, provisional voting, and voter information.
Note: If no funds were expended by the State in state fiscal
year 2000 for activities related to Title III, the State shall
---------------------------------------------------------------------------
maintain a record of such determination.
V. Satisfaction of MOE
Per HAVA Section 254(a)(7), a State must meet the MOE requirement
in each applicable fiscal year in which it expended Title II
Requirements Payments. If no Requirements Payments are used in a fiscal
year, there is no applicable MOE requirement for that year.
A State may determine that it has met the MOE requirement in an
applicable Federal fiscal year by expending the same or greater amount
of State funds \4\ than the base year level of expenditure on either:
---------------------------------------------------------------------------
\4\ State funds used to meet an MOE requirement may not include
funds provided as the State's 5 percent match.
---------------------------------------------------------------------------
1. All election administration activities.\5\
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\5\ If the total State dollars expended on election-related
activities for a given fiscal year is the same or greater than the
total base level for state fiscal year 2000, the State will have met
the MOE requirement for that year.
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Or
2. Each HAVA activity (or activities) on which the state expends
funds as the corresponding base year activity (or activities).\6\
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\6\ The State, for example, would need to document that the
State expended in a given fiscal year the same or more on each
activity on which Requirements Payments are expended than the amount
spent in each allowable area in state fiscal year 2000: Voting
equipment, voter registration database, ID requirements, provisional
voting, and voter information. If the State does not spend any
Requirements Payments on an activity (say, voting equipment) in a
particular fiscal year, then the MOE requirement for that activity
(voting equipment) would not apply.
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VI. Sub-Award of HAVA Title II Requirements Payments and MOE
State election offices may sub-award HAVA funds to counties or
local units of government per HAVA Section 254(a)(2). However, if a
State sub-awards Requirements Payments to counties or local units of
government, then the county or local unit of government is also subject
to the requirements of MOE. In accordance with the ``Common Rule,''
which requires States to ensure sub-recipients comply with the
requirements of Federal statutes, the State election office is
responsible for ensuring that a sub-recipient is not replacing or
supplanting its prior level of spending on a particular program or task
with Federal dollars.
The State Plan must include a description of the distribution and
monitoring of these sub-awards, including MOE requirements. Although
not required, the EAC encourages States to provide detailed and
specific information in the State Plan on the manner in which the State
intends to account for MOE by sub-recipient. In any event, if a State
sub-awards Requirements Payments, it must maintain documentation to
support its monitoring methods, including determinations of MOE base
levels of sub-recipients, for audit purposes.
VII. Calculation of Base Level of Expenditure for Sub-Recipients
If a State sub-awards grants to county or local units of government
for a specific activity (or activities), then the county's or local
unit government's base level of expenditure for state fiscal year 2000
may be calculated in either of two manners:
1. Identify the total expended by the sub-recipient on all election
administration activities.\7\
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\7\ With this method, a sub-recipient may use its entire budget
for election-related activity in state fiscal year 2000 to establish
the base level of expenditure. It is not necessary to break out
activities related to Title III.
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Or
2. Identify the total expended by the sub-recipient on the specific
activity (activities) for which Federal funds were provided.\8\
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\8\ For example, if a State provides a sub-grant for the
purchase of voting equipment, the base level calculation does not
need to include all expenditures toward activities allowed by HAVA,
but rather the calculation includes only the expenditures on voting
equipment by the recipient county or local unit of government in
state fiscal year 2000.
Note: If no funds were expended by the sub-recipient in state
fiscal year 2000 for the activity (activities) related to Title III,
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the State shall maintain a record of such determination.
If a State sub-awards grants to a sub-recipient for a non-specific
activity, other than all activities allowed by HAVA, then the sub-
recipient's base level of expenditure for state fiscal year 2000 may be
calculated in either of two manners:
1. Identify the total expended by the sub-recipient on all election
administration activities in the state fiscal year 2000.\9\
\9\ With this method, a sub-recipient may use its entire budget
for election-related activity in state fiscal year 2000 to establish
the base level of expenditure. It is not necessary to break out
activities related to Title III.
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[[Page 75700]]
Or
2. Identify the total expended by sub-recipient for each Title III-
related activity in state fiscal year.\10\
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\10\ With this method, a sub-recipient needs to identify
separately the amount spent on any of the following activities in
state fiscal year 2000: Voting equipment, voter registration
database, ID requirements, provisional voting, and voter
information.
Note: If no funds were expended by the sub-recipient in state
fiscal year 2000 for the activities related to Title III, the State
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shall maintain a record of such determination.
VIII. Satisfaction of MOE by Sub-Recipients
As the grant recipient, the State is ultimately responsible for
ensuring compliance with the MOE, including compliance by sub-
recipients. The MOE requirement is applicable to sub-recipients in each
fiscal year in which the sub-recipient expends Title II Requirements
Payments. If no Requirements Payments are used in a fiscal year, there
is no applicable MOE requirement for that year. The State may determine
compliance with the MOE requirements by its sub-recipients in either of
two manners:
1. The State may hold each sub-recipient individually responsible
for meeting an applicable MOE requirement by determining the sub-
recipient expends the same or greater local funds than the sub-
recipient's base level of expenditure \11\ on either:
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\11\ In this method, the sub-recipient county or local unit of
government would be responsible for the applicable MOE for any
Requirements Payments expended in a given fiscal year.
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a. All election administration activities.\12\
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\12\ If the total local dollars expended by the sub-recipient on
election-related activities for a given fiscal year are the same or
greater than the total base level, the sub-recipient will have met
the MOE requirement for that year.
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Or
b. Each HAVA activity (or activities) on which the sub-recipient
expends funds as the corresponding base year activity (or
activities).\13\
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\13\ The sub-recipient, for example, would need to document that
the sub-recipient expended in a given fiscal year the same or more
on each activity on which Requirements Payments are expended than
the amount spent in each allowable area in state fiscal year 2000:
Voting equipment, voter registration database, ID requirements,
provisional voting, and voter information. If the sub-recipient does
not spend any Requirements Payments on an activity (say, voting
equipment) in a particular fiscal year, then the MOE requirement for
that activity (voting equipment) would not apply.
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Or
2. The State may assume responsibility for meeting the MOE
requirements of its sub-recipients by expending State dollars in an
amount equal or greater than the sub-recipient's base level of
expenditure, in addition to any MOE applicable to the State, in each
Federal fiscal year that HAVA funds are used by the sub-recipient \14\
on either:
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\14\ In this method, the State will absorb responsibility by
expending State dollars, in excess of the State's MOE requirement,
to account for a sub-recipient's MOE.
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a. All election administration activities.\15\
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\15\ The State, for example, must expend the same or more State
dollars in each applicable fiscal year than the sub-recipient's
total base level.
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Or
b. Each HAVA activity (or activities) on which the sub-recipient
expends funds as the corresponding base year activity (or
activities).\16\
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\16\ The State in each applicable fiscal year, for example, must
expend the same or more in each allowable area than the amount spent
by the sub-recipient in each allowable area in state fiscal year
2000: Voting equipment, voter registration database, ID
requirements, provisional voting, and voter information. If the sub-
recipient does not spend any Requirements Payments on an activity
(say, voting equipment) in a particular fiscal year, then the MOE
requirement for that activity (voting equipment) would not apply.
Donetta L. Davidson,
Vice-Chair, U.S. Election Assistance Commission.
[FR Doc. E8-29442 Filed 12-11-08; 8:45 am]
BILLING CODE 6820-KF-P