Sec. 7 AAC 78.950 - Definitions

ยง 7 AAC 78.950. Definitions

Unless the context indicates otherwise, in this chapter

(1) "Alaska Native entity" means an Alaska Native organization that the Secretary of the Interior acknowledges to exist as an Indian tribe through the Federally Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479 a;

(2) "applicant" means the individual, organization, or other entity that responds to a request for proposals, request for letters of interest, or other method of solicitation issued by the department under this chapter;

(3) "approval" means a written agreement or permission to proceed, signed by an authorized representative of the commissioner or by the department, as applicable, in response to a written request from an applicant or a grantee for approval of a proposed action;

(4) "approve" means to issue an approval;

(5) "budget" means the financial expenditure plan for a grant project approved by the department; "budget" includes money awarded by the commissioner as a grant under a grant program and any other financing used for a grant project;

(6) "capital grant" means a grant that is financed by a capital appropriation;

(7) "commissioner" means the commissioner of the Department of Health and Social Services;

(8) "consortium" means a group of legal entities that has joined together to accomplish one or more agreed-upon purposes;

(9) "criminal background check" means a report of criminal justice information under 13 AAC 68.300 - 13 AAC 68.345;

(10) "department" means the Department of Health and Social Services;

(11) "desired outcomes" means the expected results from a grant program, including results from strategies used in a grant project;

(12) "direct cost" means a cost that can be identified with a particular grant or an activity of a grant project;

(13) "encumbrance" means a financial commitment related to unperformed executory contracts for goods or services;

(14) "facilities manager" means the department employee designated by the commissioner to supervise the management of facilities operated under grants made under this chapter;

(15) "grant" means an award of financial or direct assistance to an eligible applicant under this chapter;

(16) "grant award" means the award of a grant under this chapter;

(17)"grant income" means income earned during the grant period from a grant-funded project;

(18) "grant money" means the money provided in a grant award, including any match described in the grant agreement; "grant money" does not include grant income;

(19) "grant period" means the time period for which the grantee has been awarded a grant;

(20) "grant program" means a program established by the department, or created under state or federal law, for which the commissioner awards a grant for the services or activities an applicant or grantee provides or proposes to provide through a grant project;

(21) "grant project" means a project for which a grant is awarded to provide services or activities for one or more grant programs;

(22) "grantee" means the person or other legally accountable entity that receives a grant;

(23) "indirect cost" means a cost that is common to two or more projects or operations of a grantee;

(24) "minimum responsiveness criteria" means requirements set out in a request for proposals, request for letters of interest, or other method of solicitation that a grant applicant must comply with in the submission of a grant proposal to be considered for a grant by the department, including any deadline for submittal that is stated in the request or solicitation;

(25) "nonexpendable personal property" means

(A) an article of tangible personal property that is complete in itself, is of a durable nature, has an expected useful life of more than one year, and has an acquisition cost, as defined in 7 AAC 78.280(b), of $5,000 or more; or

(B) intangible personal property, including patents, inventions, and copyrights;

(26) "nonprofit organization" means an

(A) organization that is organized as

(i) a nonprofit corporation under AS 10.20;

(ii) a religious corporation under AS 10.40; or

(iii) an entity that is substantially similar to one described in (i) or (ii) of this subparagraph, and that is not organized for profit under the laws of another state; or

(B) an entity that has been granted tax exempt status by the United States Internal Revenue Service under 26 U.S.C. 501(c)(3);

(27) repealed 10/16/2012;

(28) "personal property" means property other than real property;

(29) "political subdivision of the state" means a

(A) municipality; or

(B) regional educational attendance area organized under AS 14.08 and AS 29.03.020;

(30) repealed 10/16/2012;

(31) "program goals" means a condition of well-being for children, families, or communities, as applicable, resulting from a particular grant program;

(32) "proposal" means the response submitted by an applicant to a request for proposals, request for letters of interest, or other method of solicitation issued under this chapter;

(33) "real property" means land, land improvements, and structures and appurtenances located on land; "real property" does not include movable machinery and equipment;

(34) "responsive grant proposal" means a proposal received in response to a solicitation under this chapter that conforms in all material respects to the solicitation;

(35) "straight-line method" means a method of depreciation that is calculated by using an item's acquisition cost, less its salvage value, divided by its useful life, measured in years; this method produces a single depreciation amount that is used for each year of the item's useful life;

(36) "strategies" means a plan of action, or series of actions, intended to achieve desired outcomes;

(37) "technical requirements" means conditions that a grant applicant must comply with before the award of a grant; "technical requirements" includes minimum responsiveness criteria;

(38) "true lease" means a lease other than one under which

(A) ownership of the property is transferred to the lessee under the terms of the lease by the end of the lease term;

(B) the lease grants an option to buy the property at a price less than the fair market value of the property;

(C) the lease term is 75 percent or more of the estimated economic life of the property; or

(D) the present value of the total payments made by the lessee under the lease is 90 percent or more of the fair market value of the property, less the amount of investment tax credits to be retained by the lessor under 26 U.S.C. 38 during the term of the lease, the valuation date for this purpose is the date of the lease agreement or the date of a commitment to enter into a lease agreement, whichever is earlier.

(Eff. 7/21/2002, Register 163; am 6/24/2004, Register 170; am 10/16/2012, Register 204; am 4/24/2020, Register 234, April 2020)

Authority:AS 18.05.040

AS 18.08.010

AS 18.08.080

AS 18.25.100

AS 18.28.010

AS 18.28.050

AS 29.60.600

AS 44.29.020

AS 47.05.010

AS 47.20.075

AS 47.20.110

AS 47.27.005

AS 47.27.050

AS 47.30.477

AS 47.30.530

AS 47.37.030

AS 47.37.045

AS 47.40.041

AS 47.40.120

AS 47.80.130

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