6 AAC is amended by adding a new chapter to read:

The provisions of 6 AAC 94.100 - 6 AAC 94.180 establish the criteria for distributing money that has been made available to the state for individual and family emergency aid under 16 U.S.C. 1861(a) (Magnuson-Stevens Act sec. 312(a)), P.L. 106-31, sec. 103 (May 21, 1999), and P.L. 105-277, div.A, sec. 101(a), title VII, sec. 763, and title XI, subtitle C, sec. 1124 (October 21, 1998).

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

(a) To seek a grant under 6 AAC 94.100 - 6 AAC 94.180 , an individual or family member must apply for a grant through toll-free telephone registration.
(b) The division will not consider an application that is not received by April 20, 1999 unless the division determines that extenuating circumstances beyond the applicant's control prevented the applicant from timely submitting an application. If the division determines that extenuating circumstances exist, the division will extend to August 20, 1999 the time within which the individual or family member may submit an application.
(c) The division will request further information from an applicant as the division determines necessary in order to determine the applicant's grant eligibility.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

(a) Subject to (b) of this section, to qualify for a grant under 6 AAC 94.100 - 6 AAC 94.180 , an individual or family member applicant
(1) must have an income for 1998 below poverty level; the income and poverty level for a family member applicant is the income and poverty level for that member's family; the division will determine the poverty level for an individual or a family under the federal Department of Health and Human Services poverty guidelines, for the state where the applicant lives, in 64 Fed.Reg. 13428-13430, as revised as of March 18, 1999 and adopted by reference;
(2) must be unable to purchase essential items or services in an eligible expense category under 6 AAC 94.130 ;
(3) must apply to all applicable available government disaster assistance programs for assistance to meet a necessary expense or serious need, and be determined not qualified for that assistance, or demonstrate that the assistance received does not satisfy the total necessary expense or serious need;
(4) may not have previously received or refused assistance from other means for all or part of the specific necessary expense, or serious need, for which application is made;
(5) must agree to refund to the division any part of a grant made for which assistance from other means is received, or which is not spent as identified in the grant award document;
(6) must be a citizen of the United States or an alien with resident alien or refugee status; and
(7) must be able to document that the individual or family member applicant is in one of the following categories:
(A) a holder of a commercial fishing salmon permit to fish in the disaster area in 1997 or 1998;
(B) an employee of a salmon cannery or salmon processor in the disaster area

(i) during the 1998 fishing season; or

(ii) in 1997, who was unemployed in 1998 due to the disaster;
(C) a member of a crew of a commercial salmon fishing vessel, if during the 1997 or 1998 fishing season,

(i) that vessel fished in the disaster area;

(ii) the crew member was employed in that capacity by a holder of a commercial fishing salmon permit to fish in the disaster area; and

(iii) the crew member held a valid crew member license as required under AS 16.05.480 and 5 AAC 39.110 ; however, an applicant who did not hold a 1997 or 1998 crew member license but held such a license in 1996 may qualify for a grant under 6 AAC 94.100 - 6 AAC 94.180 if the division determines that based on the geography of where the applicant lives, and the type of fishery, the applicant had good cause not to purchase a permit in 1997;
(D) a subsistence user of Yukon River drainage salmon stocks in 1998 who
(i) because of the low salmon runs, caught or received less than half the salmon that the user or the user's family usually eats; and
(ii) is a resident living along the Yukon or Koyukuk River, or is a resident of one of the following communities: Alakanuk, Alatna, Allakaket, Anvik, Arctic Village, Beaver, Bettles, Birch Creek, Central, Chalkytsik, Chevak, Circle, Eagle, Eagle Village, Emmonak, Evansville, Fort Yukon, Galena, Grayling, Holy Cross, Hooper Bay, Hughes, Huslia, Kaltag, Kotlik, Koyukuk, Manley Hot Springs, Marshall/Fortuna Ledge, Minto, Mountain Village, Nulato, Pilot Station, Pitka's Point, Rampart, Ruby, Russian Mission, Scammon Bay, Shageluk, Sheldon Point, St. Mary's/Andreafsky, St. Michaels, Stebbins, Stevens Village, Tanana, Venetie, or Wiseman.
(b) In addition to meeting the requirements of (a) of this section, an individual or family member applicant must submit a grant application as follows in order to qualify for a grant:
(1) family members who meet the eligibility criteria in (a)(1) - (6) of this section and who are eligible under (a)(7)(A), (B), or (C) of this section are each eligible to apply for a grant;
(2) a family that has one or more members who meet the eligibility criteria in (a)(1) - (6) and (7)(D) of this section is eligible to submit one application for the entire family;
(3) an eligible individual or family member applicant is eligible to apply for only one grant under this chapter even if the applicant is a member of more than one of the categories in (a)(7) of this section.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

(a) Except as provided in (b) of this section, the division will make assistance available under 6 AAC 94.100 - 6 AAC 94.180 to help a grantee meet necessary expenses or serious needs by providing means for a grantee to purchase essential items or services in the following categories:
(1) electric, water, and sewer utilities and heating fuel for the primary residence occupied by the grantee;
(2) gasoline for subsistence hunting;
(3) eligible foods as defined in 7 C.F.R. 271.2, revised as of January 1, 1999 and adopted by reference.
(b) The division will make assistance available under 6 AAC 94.100 - 6 AAC 94.180 to help a grantee who qualifies for a grant as a subsistence user under 6 AAC 94.120 (a)(7)(D) meet necessary expenses only for items within the category set out in (a)(3) of this section.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220

(a) The division will determine the amount of each grantee's serious needs and necessary expenses.
(b) The amount of need of a grantee who qualifies for a grant as a subsistence user under 6 AAC 94.120 (a)(7)(D) is determined to be equivalent to 25 percent of the yearly cost of food based on the grantee's family size. The division will determine the yearly cost of food by utilizing the Department of Health and Social Services Alaska Food Stamp Program Manual, Addendum 4, the table entitled Maximum Food Stamp Allotment, Rural II, as revised as of October 1, 1997 and adopted by reference.
(c) If the grantee qualifies for a grant under 6 AAC 94.120 (a)(7)(A), (B) or (C), the division will use following formulas to determine the amount of the grantee's need for assistance in the eligible expense categories set out in 6 AAC 94.130 (a):
(1) the amount of need for utilities and heating fuel is determined by multiplying the monthly mean cost for electric and heating fuel for a representative sample of households in the disaster area by the number of months in the qualifying period;
(2) the amount of need for gasoline for subsistence hunting is determined by the average cost of gasoline used for hunting by a representative sample of households in the disaster area during August 1998;
(3) the amount of need for water and sanitation utilities is determined by multiplying the monthly mean cost for drinking water and sanitation for a representative sample households in the disaster area by the number of months in the qualifying period;
(4) the amount of need for eligible foods is determined by the grantee's family size and is based on the cost of food as calculated utilizing the Department of Health and Social Services Alaska Food Stamp Program Manual, Addendum 4, the table entitled Maximum Food Stamp Allotment, Rural II, as revised as of October 1, 1997 and adopted by reference.
(d) The division will reduce the amounts determined under (c) of this section for an individual or family by the amount or value of any assistance from other means received by the individual or family for serious needs or necessary expenses in the eligible expense categories for which the grant application is made under 6 AAC 94.100 - 6 AAC 94.180.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

(a) The division will award grants in an amount determined by the division after review of the grant application, the division's determination under 6 AAC 94.140 , and any supporting documentation required by the division. The division will notify the applicant by mail whether a grant has been approved and if approved, of the grant amount awarded.
(b) The division will issue grant will be in the form of a credit at vendors, selected by the grantee and approved by the division, in the grantee's name for items in the applicable eligible expense categories listed in 6 AAC 94.130 . The division will approve a vendor if the vendor has a valid business license issued under AS 43.70, and if the vendor sells items or services listed in 6 AAC 94.130 .
(c) The division will determine the amount of the grant awarded to an individual or family member under 6 AAC 94.100 - 6 AAC 94.180 as follows:
(1) an individual applicant who qualifies for a grant and is within a category set out in 6 AAC 94.120 (a)(7)(A), (B), or (C) will be awarded a grant in the amount of the individual's need as determined by the division under 6 AAC 94.140 (c) or $1,000, whichever is less;
(2) a family member applicant who qualifies for a grant and is within a category set out in 6 AAC 94.120 (a)(7)(A), (B), or (C), will be awarded a grant in the amount of the need of that member's family as determined by the division under 6 AAC 94.140 (c) or $1,000, whichever is less. However, the total of all grants awarded to a family with more than one family member applicant eligible under this paragraph cannot exceed $4,000 or the total amount of family need, whichever is less;
(3) an individual applicant who qualifies for a grant and is within a category set out in 6 AAC 94.120 (a)(7)(D), will be awarded a grant in the amount of the individual's need as determined by the division under 6 AAC 94.140 (b) or $729, whichever is less;
(4) a family member applicant who qualifies for a grant and is eligible under 6 AAC 94.120 (a)(7)(D), will be awarded a grant in the amount of the need of that member's family as determined by the division under 6 AAC 94.140 (b) or $1,000, whichever is less.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220

(a) If the division denies a grant application in whole or in part, an applicant may file a written request for reconsideration with the division grant program manager within 30 days after the division sends the written notification provided under 6 AAC 94.150 (a).
(b) The division will consider a request for reconsideration if the applicant submits information to show that
(1) additional relevant information can be provided to the division that was not initially available; or
(2) the division's determination was erroneous.
(c) The division will make a determintaion on the request for reconsideration within 15 working days of receiving the applicant's request for reconsideration and mail notice of the determination to the applicant.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

(a) If the division denies, in whole or in part, a grant application or a request for reconsideration, or if the applicant disputes a division needs determination, an applicant may appeal the division's decision to the division director within 60 days after the division sends the written notification provided under 6 AAC 94.150 (a) or 6 AAC 94.160(c). The appeal must be in writing and include information justifying a reversal of the division's action. The division may request additional information. Within 20 days of receipt of the appeal, the division director, or the division director's authorized designee, will review the appeal and will notify the applicant, in writing, of the disposition of the appeal or of the need for additional information. If the division requests additional information, the division's decision on appeal will be issued within 20 days of receipt of the additional information. The decision of the division director, or authorized designee, is the final decision of the agency.
(b) If an applicant has filed a request for reconsideration with the division, the 60-day period for filing an appeal begins on the date that the division sends the written notification provided under 6 AAC 94.160(c).

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

A grant received under 6 AAC 94.100 - 6 AAC 94.180 is not assignable or transferable.

History -

Eff. 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

In 6 AAC 94.100 - 6 AAC 94.180 , unless the context otherwise requires,
(1) "assistance from other means" means monetary or in-kind contributions from other governmental programs, insurance, voluntary or charitable organizations, or from any sources other than those of the individual or family "assistance by other means" includes essential living expense grants provided under the governor's disaster declarations dated July 30, 1998, September 16, 1998 and October 16, 1998; "assistance by other means" does not include expendable items;
(2) "dependent" means
(A) a person who is normally claimed as a dependent on the federal income tax return of another person, according to 26 U.S.C. 151-153 (Internal Revenue Code); or
(B) the minor children of a couple not living together, if the children live in the affected residence with the parent who does not actually claim them on that parent's federal income tax return;
(3) "disaster area" means the disaster area described in the governor's disaster declarations dated July 30, 1998, September 16, 1998 and October 16, 1998;
(4) "division" means the division of emergency services in the Department of Military and Veterans Affairs;
(5) "expendable item" means consumables, as follows:
(A) linens;
(B) clothes; and
(C) basic kitchenware; for purposes of this subparagraph, "basic kitchenware" means pots, pans, utensils, dinnerware, flatware, and small kitchen appliances;
(6) "family" means a social unit living together and composed of:
(A) legally married individuals and their dependents;
(B) individuals living together as if they were married and their dependents;
(C) a single individual and that individual's dependents;
(D) individuals who jointly own a residence and occupy that residence with their dependents;
(7) "individual" means an individual who is not a member of a family as defined in (6) of this section;
(8) "necessary expense" means the cost of a serious need;
(9) "serious need" means the requirement of an item or services set out in 6 AAC 94.130 that is essential to an individual or family to prevent, mitigate, or overcome a disaster-related hardship, injury, or adverse condition;
(10) "subsistence user" means an individual or a family member who ordinarily harvests, gives, or receives salmon that are caught in compliance with state subsistence regulations applicable to the Yukon River drainage under 5 AAC 01.001 - 5 AAC 01.040 , 5 AAC 01.200 - 5 AAC 01.249, 5 AAC 05.333 , 5 AAC 05.335 , and 5 AAC 05.377 ;
(11) "qualifying period" means July 1, 1998 through April 30, 1999.
(12) "commercial fishing salmon permit" means a commercial fishing salmon permit issued by the Commercial Fisheries Entry Commissions;
(13) "working day" means a calendar day, except a Saturday, Sunday, or state holiday.

History -

Eff. 2/18/99, Register 149; am 6/26/99, Register 150
Authority -

AS 26.23.020
AS 26.23.040
AS 26.23.050
AS 26.23.220
AS 26.23.300

Alaska Division of Emergency Services PO Box 5750 Fort Richardson, AK  99505-5750 (907) 428-7000    (800)-478-2337     Fax (907) 428-7009 emer_svcs@ak-prepared.com Send mail to  webmaster@ak-prepared.com with questions or comments about this website. Copyright© 2001 Alaska Division of Emergency Services Last Modified: August 28, 2003

Alaska Division of Emergency Services
PO Box 5750
Fort Richardson, AK  99505-5750
(907) 428-7000    (800)-478-2337
    Fax (907) 428-7009
emer_svcs@ak-prepared.com

Send mail to  webmaster@ak-prepared.com with questions or comments about this website.
Copyright© 2001 Alaska Division of Emergency Services
Last Modified: August 28, 2003