Grants and cooperative agreements; availability, etc.: Native American programs— Governance and social and economic development, etc.,

[Federal Register: September 4, 1998 (Volume 63, Number 172)]

[Notices]

[Page 47391-47407]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr04se98-142]

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Part III

Department of Health and Human Services

Administration for Children and Families

Administration for Native Americans; Availability of Financial Assistance; Notice

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. 93612-991]

Administration for Native Americans, Availability of Financial Assistance

AGENCY: Administration for Native Americans, ACF, DHHS.

ACTION: Announcement of availability of competitive financial assistance for projects in competitive areas administered by the Administration for Native Americans for American Indians, Native Hawaiians, Alaska Natives and Native American Pacific Islanders.

SUMMARY: The Administration for Native Americans (ANA) announces the anticipated availability of fiscal year 1999 funds in three competitive areas:

(1) Governance and social and economic development;

(2) Governance and social and economic development for Alaska Native entities; and

Financial assistance provided by ANA in support of projects in these three areas is intended to promote the goal of self-sufficiency for Native Americans.

APPLICATION KIT: Application kits, approved by the OMB under control number 0980-0204, which expires August 31, 1999, containing the necessary forms and instructions to apply for a grant under this program announcement, may be obtained:

By Mail: Department of Health and Human Services, Administration for Children and Families, Administration for Native Americans 370 L'Enfant Promenade, SW, Mail Stop HHH 348-F, Washington, D.C. 20447- 0002, Attention: Aaron Sadler/Application Kit.

By Telephone: Call Janean Chambers, Telephone: (202) 690-6547.

By Telefax: Fax: (202) 690-7441.

By Word-Wide-Web: Copies of this program announcement and many of the required forms may be obtained electronically at the ANA World Wide Web Page: http://www.acf.dhhs.gov/programs/ana/index.html

The printed Federal Register notice is the only official program announcement. Although all reasonable efforts are taken to assure that the files on the ANA World Wide Web Page containing electronic copies of this Program Announcement are accurate and complete, they are provided for information only. The applicant bears sole responsibility to assure that the copy downloaded and/or printed from any other source is accurate and complete.

SUPPLEMENTARY INFORMATION:

Introduction and Purpose

The purpose of this program announcement is to announce the anticipated availability of fiscal year 1999 funds, authorized under the Native American Programs Act of 1974 (Act), as amended, to promote the goal of social and economic self-sufficiency for American Indians, Alaska Natives, Native Hawaiians, and Native American Pacific Islanders in three competitive areas. Funding authorization is provided under sections 803(a), and 803(d) of the Native American Programs Act of 1974, as amended (Pub. L. 93-644, 88 Stat. 2324, 42 U.S.C. 2991b).

The Indian Environmental Regulatory Enhancement Act of 1990 (Pub. L. 101-408) authorizes financial assistance for projects to address environmental regulatory concerns (Section 803(d) of the Native American Programs Act of 1974, as amended).

The Administration for Native Americans assists eligible applicants for the three competitive areas to undertake 12 to 36 month development projects that are part of long-range comprehensive plans to move toward governance, social, and/or economic self-sufficiency.

In order to streamline the application process for eligible applicants under three competitive areas, ANA is issuing a single program announcement for fiscal year 1999 funds. Information regarding ANA's mission, policy, goals, application requirements, review criteria and closing dates for all three competitive areas is included in this announcement.

The Administration for Native Americans promotes the goal of self- sufficiency in Native American communities primarily through Social and Economic Development Strategies (SEDS) projects. The Native American Programs Act also authorizes ANA to establish an additional program for environmental regulatory enhancement.

This program announcement is being issued in anticipation of the appropriation of funds for fiscal year 1999 and the availability of funds for the three competitive areas is contingent upon sufficient final appropriations. Proposed projects will be reviewed on a competitive basis against the specific evaluation criteria presented under each competitive area in this announcement.

ANA continues a variety of requirements directed towards enforcing its policy that an eligible grant recipient may only have one active ANA grant awarded from a competitive area at any time. Therefore, while eligible applicants may compete for a grant in each of the three competitive areas, an applicant may only submit one application per competitive area and no applicant may receive more than one grant in each competitive area, including any existing ANA grant. Also, an Alaska Native entity may not submit an application under both Competitive Areas 1 and 2 for the May closing date. Alaska Native entities may receive a grant under either competitive area 1 or 2, but not under both.

ANA introduces two new requirements within the review criteria for budget proposals in applications. All applicants must clearly demonstrate a plan for an employee fringe benefit package which includes an employee retirement plan benefit, and the funding of travel for key personnel to attend post-award grant management and administration training sponsored by ANA.

This program announcement consists of three parts.

Part I ANA Policy and Goals

Provides general information about ANA's policies and goals for the three competitive areas. This section contains information pertaining to all applicants.

Part II ANA Competitive Areas

Describes the three competitive areas under which ANA is requesting applications:

‹bullet› COMPETITIVE AREA 1: SOCIAL AND ECONOMIC DEVELOPMENT STRATEGIES (SEDS) PROJECTS;

‹bullet› COMPETITIVE AREA 2: ALASKA-SPECIFIC SOCIAL AND ECONOMIC DEVELOPMENT STRATEGIES (SEDS) PROJECTS;

‹bullet› COMPETITIVE AREA 3: INDIAN ENVIRONMENTAL REGULATORY ENHANCEMENT PROJECTS.

Each competitive area includes the following sections which provide information to be used to develop an application :

1. PURPOSE AND AVAILABILITY OF FUNDS B. BACKGROUND C. PROPOSED PROJECTS TO BE FUNDED D. ELIGIBLE APPLICANTS E. GRANTEE SHARE OF THE PROJECT F. REVIEW CRITERIA G. APPLICATION DUE DATE H. CONTACT INFORMATION:

   Part III General Application Information and Guidance

   Provides important information and guidance that applies to all three competitive areas and that must be taken into account in developing an application for any of the three areas.

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1. DEFINITIONS B. ACTIVITIES THAT CANNOT BE FUNDED C. MULTI-YEAR PROJECTS D. INTERGOVERNMENTAL REVIEW OF FEDERAL PROGRAMS E. THE APPLICATION PROCESS F. THE REVIEW PROCESS G. GENERAL GUIDANCE TO APPLICANTS H. PAPERWORK REDUCTION ACT OF 1995 Act of 1995 I. RECEIPT OF APPLICATIONS

   Part I--ANA Policy and Goals

   The mission of the Administration for Native Americans (ANA) is to promote the goal of social and economic self-sufficiency for American Indians, Alaska Natives, Native Hawaiians, and other Native American Pacific Islanders.

   The Administration for Native Americans believes that a Native American community is self-sufficient when it can generate and control the resources necessary to meet its social and economic goals, and the needs of its members.

   The Administration for Native Americans also believes that the responsibility for achieving self-sufficiency resides with the governing bodies of Indian tribes, Alaska Native villages, and in the leadership of Native American groups. A community's progress toward self-sufficiency is based on its efforts to plan, organize, and direct resources in a comprehensive manner which is consistent with its established long-range goals.

   The Administration for Native Americans' policy is based on three interrelated goals:

   1. Governance: To assist tribal and Alaska Native village governments, Native American institutions, and local leadership to exercise local control and decision-making over their resources.

   2. Economic Development: To foster the development of stable, diversified local economies and economic activities which will provide jobs and promote economic well-being.

   3. Social Development: To support local access to, control of, and coordination of services and programs which safeguard the health, well- being and culture of people, provide support services and training so people can work, and which are essential to a thriving and self- sufficient community.

   Applicants must comply with certain the following administrative policies:

   ‹bullet› Current grantees whose grant project period extends beyond September 30, 1999, or who have requested an extension of the grant project beyond that date, are not eligible to apply for a grant under the same program area. Current SEDS or Alaska-specific SEDS grantees with project periods beyond September 30, 1999, may not compete for additional SEDS or Alaska-specific SEDS grants. Current Indian Environmental Regulatory Enhancement grantees with project periods beyond September 30, 1999, may not compete for additional Indian Environmental Regulatory Enhancement grants.

   ‹bullet› Applicants for any competitive area may propose 12 to 36 month projects.

   ‹bullet› Applicants must describe a locally-determined strategy to carry out a proposed project with fundable objectives and activities.

   ‹bullet› Local long-range planning must consider the maximum use of all available resources, how the resources will be directed to development opportunities, and present a strategy for overcoming the local issues that hinder movement toward self-sufficiency in the community.

   ‹bullet› An application from a federally recognized Tribe, Alaska Native Village or Native American organization must be from the governing body of the Tribe or organization.

   ‹bullet› ANA will not accept applications from tribal components which are tribally-authorized divisions of a larger tribe, unless the application includes a Tribal resolution which clearly demonstrates the Tribe's support of the project and the Tribe's understanding that the other applicant's project supplants the Tribe's authority to submit an application under that specific competitive area both for the current competition and for the duration of the approved grant period, should the application be funded.

   ‹bullet› If a federally recognized Tribe or Alaska Native village chooses not to apply, it may support another applicant's project (e.g., a tribal organization) which serves or impacts their reservation. In this case, the applicant must include a Tribal resolution which clearly demonstrates the Tribe's approval of the project and the Tribe's understanding that the other applicant's project supplants the Tribe's authority to submit an application under that specific competitive area both for the current competition and for the duration of the approved grant period, should the application be funded.

   ‹bullet› An applicant may submit a separate application under any of the competitive areas, as long as the applicant meets the eligibility requirements. However, for the May closing, applications for SEDS grants from Alaska Native entities may be submitted under either Competitive Area 1 or Competitive Area 2, but not both.

   ‹bullet› Under each competitive area, ANA will only accept one application which serves or impacts a reservation, Tribe, or Native American community.

   ‹bullet› Any non-profit organization submitting an application must submit proof of its non-profit status in the application at the time of submission. The non-profit agency can accomplish this by providing a copy of the applicant's listing in the Internal Revenue Service's (IRS) most recent list of tax exempt organizations described in Section 501(c)(3) of the IRS code or by providing a copy of the currently valid IRS tax exemption certificate, or by providing a copy of the articles of incorporation bearing the seal of the State in which the corporation or association is domiciled.

   ‹bullet› If the applicant, other than a tribe or an Alaska Native Village government, is proposing a project benefiting Native Americans or Native Alaskans, or both, it must provide assurance that its duly elected or appointed board of directors is representative of the community, to be served. To establish compliance with the requirement in the regulations for a Board representative of the community, applicants should provide information establishing that at least ninety (90) percent of the individuals serving on a non-profit applicant's board fall into one or more of the following categories: (1) A current or past member of the community to be served; (2) a prospective participant or beneficiary of the project to be funded; or (3) have a cultural relationship with the community to be served.

   ‹bullet› Organizations incorporating in American Samoa are cautioned that the Samoan government relies exclusively upon IRS determinations of non-profit status; therefore, articles of incorporation approved by the Samoan government do not establish non- profit status for these organizations for the purpose of eligibility for ANA funds.

   ‹bullet› Grantees must provide at least 20 percent of the total approved cost of the project; i.e. the sum of the ACF share and the non-Federal share. The non-Federal share may be met by cash or in-kind contributions. Therefore, a project requesting $100,000 in Federal funds must include a match of at least $25,000 (20% of the total $125,000 project cost).

   As per 45 CFR Part 74.2, In-Kind contributions are defined as ``the value of non-cash contributions provided by non-Federal third parties. Third party-in-kind contributions may be in the form of real property, equipment, supplies and other expendable property, and the value of goods and services

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   directly benefiting and specifically identifiable to the project or program.''

   In addition it may include other Federal funding sources where legislation or regulations authorize using specific types of funds for match and provided the source relates to the ANA project, examples follow:

   ‹bullet› Indian Child Welfare funds, through the Department of Interior;

   ‹bullet› Indian Self-Determination and Education Assistance funds, through the Department of Interior and the Department of Health and Human Services; and

   ‹bullet› Community Development Block Grant funds, through the Department of Housing and Urban Development.

   An itemized budget detailing the applicant's non-Federal share, and its source(s), must be included in an application.

   ‹bullet› If an applicant plans to charge or otherwise seek credit for indirect costs in its ANA application, a current copy of its Indirect Cost Agreement must be included in the application.

   ‹bullet› A request for a waiver of the non-Federal share requirement may be submitted in accordance with 45 CFR 1336.50(b)(3) of the Native American Program Regulations.

   ‹bullet› Applications originating from American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands are covered under Section 501(d) of Pub. L. 95-134, as amended (48 U.S.C. 1469a) under which HHS waives any requirement for matching funds under $200,000 (including in- kind contributions). Therefore, for the ANA grants under these announced programs, no match is required for grants to these insular areas.

   Part II--ANA Competitive Areas

   The three competitive areas under this Part describe ANA's funding authorities, priorities, special initiatives, special application requirements, and review criteria. The standard requirements necessary for each application, as well as standard ANA program guidance and technical guidance are described in Part III of this announcement.

   ANA Competitive Area 1. Social and Economic Development Strategies (SEDS) Projects

1. Purpose and Availability of Funds

   This competitive area promotes the goal of social and economic self-sufficiency for American Indians, Alaska Natives, Native Hawaiians, and Native American Pacific Islanders through locally developed social and economic development strategies (SEDS).

   Approximately $14 million of financial assistance is anticipated to be available under this priority area for governance, social and economic development projects. ANA anticipates awarding approximately 120 competitive grants ranging from $30,000 to $1,000,000.

2. Background

   ANA assists tribal and village governments, and Native American organizations, in their efforts to develop and implement community- based, long-term governance, social and economic development strategies (SEDS). These strategies must promote the goal of self-sufficiency in local communities.

   The SEDS approach is based on ANA's program goals and incorporates two fundamental principles:

   1. The local community and its leadership are responsible for determining goals, setting priorities, and planning and implementing programs aimed at achieving those goals. The local community is in the best position to apply its own cultural, political, and socio-economic values to its long-term strategies and programs.

   2. Governance and social and economic development are interrelated. In order to move toward self-sufficiency, development in one area should be balanced with development in the others. Consequently, comprehensive development strategies should address all aspects of the governmental, economic, and social infrastructures needed to promote self-sufficient communities.

   ANA's SEDS policy uses the following definitions:

   ‹bullet› Governmental infrastructure includes the constitutional, legal, and administrative development requisite for independent governance.

   ‹bullet› Economic infrastructure includes the physical, commercial, industrial and/or agricultural components necessary for a functioning local economy which supports the life-style embraced by the Native American community.

   ‹bullet› Social infrastructure includes those components through which health, economic well-being and culture are maintained within the community and that support governance and economic goals.

   These definitions should be kept in mind as a local social and economic development strategy is developed as part of a grant application.

   A community's movement toward self-sufficiency could be jeopardized if a careful balance between governmental, economic and social development is not maintained. For example, expansion of social services, without providing opportunities for employment and economic development, could lead to dependency on social services.

   Conversely, inadequate support services and training could seriously impede productivity and local economic development. Additionally, the necessary infrastructures must be developed or expanded at the community level to support social and economic development and growth. In designing their social and economic development strategies, ANA encourages an applicant to use or leverage all available human, natural, financial, and physical resources.

   ANA encourages the development and maintenance of comprehensive strategic plans which are an integral part of attaining and supporting the balance necessary for successful activities that lead to self- sufficiency.

3. Proposed Projects To Be Funded

   This section provides descriptions of activities which are consistent with the SEDS philosophy. Proposed activities should be tailored to reflect the governance, social and economic development needs of the local community and should be consistent and supportive of the proposed project objectives. The types of projects which ANA may fund include, but are not limited to, the following: Governance

   ‹bullet› Improvements in the governmental, judicial and/or administrative infrastructures of tribal and village governments (such as strengthening or streamlining management procedures or the development of tribal court systems);

   ‹bullet› Increasing the ability of tribes, villages, and Native American groups and organizations to plan, develop, and administer a comprehensive program to support community social and economic self- sufficiency (including strategic planning);

   ‹bullet› Increasing awareness of and exercising the legal rights and benefits to which Native Americans are entitled, either by virtue of treaties, the Federal trust relationship, legislative authority, executive orders, administrative and court decisions, or as citizens of a particular state, territory, or of the United States;

   ‹bullet› Status clarification activities for Native groups seeking Federal or State tribal recognition, such as performing research or any other function necessary to submit a petition for Federal acknowledgement or in response to any obvious deficiencies cited by the Bureau of Acknowledgement and Research

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   (BAR), Department of Interior, in a petition from a Native group seeking Federal recognition; and

   ‹bullet› Development of and/or amendments to tribal constitutions, court procedures and functions, by-laws or codes, and council or executive branch duties and functions. Economic Development

   ‹bullet› Development of a community economic infrastructure that will result in businesses, jobs, and an economic support structure;

   ‹bullet› Establishment or expansion of businesses and jobs in areas such as tourism, specialty agriculture, light and/or heavy manufacturing, technology, fabrication and construction companies, housing and fisheries or aquaculture;

   ‹bullet› Stabilizing and diversifying a Native community's economic base through business development ventures; and,

   ‹bullet› Creation of microenterprises or private sector development. Social Development

   ‹bullet› Enhancing tribal capabilities to design or administer programs aimed at strengthening the social environment desired by the local community;

   ‹bullet› Developing local and intertribal models related to comprehensive planning and delivery of services;

   ‹bullet› Developing programs or activities to preserve and enhance tribal heritage and culture; and

   ‹bullet› Establishing programs which involve extended families or tribal societies in activities that strengthen cultural identity and promote community development or self-esteem.

   Other SEDS Relationships. ANA encourages projects designed to use the SEDS approach to help achieve current priorities of the Administration for Children and Families which are to:

   ‹bullet› Address welfare reform initiatives such as moving families to work.

   ‹bullet› Help ensure child support from both parents.

   ‹bullet› Create access to affordable child care for low income working families.

   ‹bullet› Reach children earlier to promote full development, including links to Head Start, Early Head Start and Child Care.

   ‹bullet› Help enroll children in quality Head Start and prepare them to be ready to learn.

   ‹bullet› Provide safety, permanency and well-being for children and double the number of adoptions from the public child welfare system.

4. Eligible Applicants

   The following organizations are eligible to apply under this competitive area:

   ‹bullet› Federally recognized Indian Tribes;

   ‹bullet› Consortia of Indian Tribes;

   ‹bullet› Incorporated non-federally recognized Tribes;

   ‹bullet› Incorporated nonprofit multi-purpose community-based

   Indian organizations;

   ‹bullet› Urban Indian Centers;

   ‹bullet› National or regional incorporated nonprofit Native American organizations with Native American community-specific objectives;

   ‹bullet› Alaska Native villages as defined in the Alaska Native Claims Settlement Act (ANCSA) and/or nonprofit village consortia;

   ‹bullet› Incorporated nonprofit Alaska Native multi-purpose community-based organizations;

   ‹bullet› Nonprofit Alaska Native Regional

   Corporations/Associations in Alaska with village specific projects;

   ‹bullet› Nonprofit Native organizations in Alaska with village specific projects;

   ‹bullet› Public and nonprofit private agencies serving Native Hawaiians (The populations served may be located on these islands or on the continental United States);

   ‹bullet› Public and nonprofit private agencies serving native peoples from Guam, American Samoa, Palau, or the Commonwealth of the Northern Mariana Islands. (The populations served may be located on these islands or in the United States); and

   ‹bullet› Tribally controlled community colleges, Tribally controlled cost-secondary vocational institutions, and colleges and universities located in Hawaii, Guam, American Samoa, Palau, or the Commonwealth of the Northern Mariana Islands which serve Native American Pacific Islanders.

   ‹bullet› Non-profit Alaska Native community entities or tribal governing bodies (Indian Reorganization Act or traditional Councils) as recognized by the Bureau of Indian Affairs.

   Further information on eligibility requirements is presented in Part I, ANA Policy and Goals. Some important policies found in Part I are highlighted as follows:

   Current ANA SEDS grantees whose grant project period ends on or before September 30, 1999 are eligible to apply for a grant award under this program announcement. The Project Period is noted in Block 9 of the ``Financial Assistance Award'' document. Applicants for new grants may not have a pending request to extend their existing grant beyond September 30, 1999.

   Any non-profit organization submitting an application must submit proof of its non-profit status in the application at the time of submission. The non-profit agency can accomplish this by providing a copy of the applicant's listing in the Internal Revenue Service's (IRS) most recent list of tax exempt organizations described in Section 501(c)(3) of the IRS code or by providing a copy of the currently valid IRS tax exemption certificate, or by providing a copy of the articles of incorporation bearing the seal of the State in which the corporation or association is domiciled.

   If the applicant, other than a tribe or an Alaska Native Village government, is proposing a project benefiting Native Americans or Native Alaskans, or both, it must provide assurance that its duly elected or appointed board of directors is representative of the community, to be served. To establish compliance with the requirement in the regulations for a Board representative of the community applicants should provide information establishing that at least ninety (90) percent of the individuals serving on a non-profit applicant's board fall into one or more of the following categories: (1) A current or past member of the community to be served; (2) a prospective participant or beneficiary of the project to be funded; or (3) have a cultural relationship with the community to be served. A list of board members with this information including Tribal or Village affiliation, is one of the most suitable approaches for demonstrating compliance with this requirement.

   Under each competitive area, ANA will only accept one application which serves or impacts a reservation, Tribe, or Native American community. If a federally recognized Tribe or Alaska Native village chooses not to apply, it may support another applicant's project (e.g., a tribal organization) which serves or impacts their reservation. In this case, the applicant must include a Tribal resolution which clearly demonstrates the Tribe's approval of the project and the Tribe's understanding that the other applicant's project supplants the Tribe's authority to submit an application under that specific competitive area both for the current competition and for the duration of the approved grant period.

5. Grantee Share of the Project

   Grantees must provide at least 20 percent of the total approved cost of the project; i.e. the sum of the ACF share and the non-Federal share. Further information on this requirement is presented in Part I, ANA Policy and Goals.

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6. Review Criteria

   A proposed project should reflect the purposes of ANA's SEDS policy and program goals described in the Background section of this competitive area; include a social and economic development strategy which reflects the needs and specific circumstances of the local community; and address the specific developmental steps that the tribe or Native American community is undertaking toward self-sufficiency.

   The evaluation criteria are closely related to each other and are considered as a whole in judging the overall quality of an application. Points are awarded only to applications which are responsive to this competitive area and these criteria. Proposed projects will be reviewed on a competitive basis using the following evaluation criteria:

   (1) Long-Range Goals and Available Resources. (15 points)

   (a) The application describes the long-range goals and strategy, including:

   ‹bullet› How specific social, governance and economic long-range community goals relate to the proposed project and strategy;

   ‹bullet› How the community intends to achieve these goals;

   ‹bullet› The relationship between the long-range goals and the applicant's comprehensive community social and economic development plan. (Inclusion of the community's entire development plan is not necessary); and

   ‹bullet› A clearly delineated social and economic development strategy (SEDS).

   ‹bullet› In discussing their community-based, long-range goals, and the objectives for the proposed projects, non-Federally recognized and off-reservation groups must include a description of what constitutes their specific community.

   The application identifies and documents pre-existing and planned involvement and support of the community in the planning process and implementation of the proposed project. The type of community you serve and nature of the proposal being made, will influence the type of documentation necessary. For example, a Tribe may choose to address this requirement by submitting a resolution stating that community involvement has occurred in the project planning or may determine that additional community support work is necessary.

   A tribal organization may submit resolutions supporting the project proposal from each of its members tribes, as well as a resolution from the applicant organization. Other examples of documentation include: community surveys; minutes of community meetings; questionnaires; tribal presentations; and/or discussion/position papers.

   Applications from National Indian and Native organizations must clearly demonstrate a need for the project, explain how the project was originated, state who the intended beneficiaries will be, and describe how the recipients will actually benefit from the project. National Indian and Native organizations should define their membership and describe how the organization operates.

   (b) Available resources (other than ANA and the non-Federal share) which will assist, and be coordinated with the project are described. These resources should be documented by letters of commitment of resources, not merely letters of support. ``Letters of commitment'' are binding when they specifically state the nature, the amount, and conditions under which another agency or organization will support a project funded with ANA funds. ``Letters of support'' merely express another organization's endorsement of a proposed project. Support letters are not binding commitment letters or do not factually establish the authenticity of other resources and do not offer or bind specific resources to the project.

   For example, a letter from another Federal agency or foundation pledging a commitment of $200,000 in construction funding to complement proposed ANA funded pre-construction activity is evidence of a firm funding commitment. These resources may be human, natural or financial, and may include other Federal and non-Federal resources. Statements that additional funding will be sought from other specific sources are not considered a binding commitment of outside resources and therefore carry less significance.

   Non-ANA resources should be leveraged to strengthen and broaden the impact of the proposed project in the community. Project designs should explain how those parts of projects which ANA does not fund will be financed through other sources. For example, ANA does not fund construction. Applicants must show the relationship of non-ANA funded activities to those objectives and activities that are funded with ANA grant funds.

   (2) Organizational Capabilities and Qualifications. (10 points)

   (a) The management and administrative structure of the applicant is explained. Evidence of the applicant's ability to manage a project of the proposed scope is demonstrated. The application clearly shows the successful management of projects of similar scope by the organization, and/or by the individuals designated to manage the project.

   (b) Position descriptions and/or resumes of key personnel, including those of consultants, are presented. The position descriptions and/or resumes relate specifically to the staff proposed in the Objective Work Plan and in the proposed budget. Position descriptions very clearly describe each position and its duties and clearly relate to the personnel staffing required to achieve the project objectives. Resumes and/or proposed position descriptions demonstrate that the proposed staff are or will be qualified to carry out the project activities. Either the position descriptions or the resumes contain the qualifications and/or specialized skills necessary for overall quality management of the project. Resumes must be included if individuals have been identified for positions in the application.

   Note: Applicants are strongly encouraged to give preference to Native Americans in hiring staff and subcontracting services under an approved ANA grant.

   (3) Project Objectives, Approach and Activities. (45 points)

   The application proposes specific project Objective Work Plan(s) with activities related to each specific objective.

   The Objective Work Plan(s) in the application includes project objectives and activities for each budget period proposed and demonstrates that each of the objectives and its activities:

   ‹bullet› Is measurable and/or quantifiable in terms of results or outcomes;

   ‹bullet› Supports the community's social and economic development strategy;

   ‹bullet› Clearly relates to the community's long-range goals;

   ‹bullet› Can be accomplished with the available or expected resources during the proposed project period;

   ‹bullet› Indicates when the objective, and major activities under each objective, will be accomplished;

   ‹bullet› Specifies who will conduct the activities under each objective; and

   ‹bullet› Supports a project that will be completed, self- sustaining, or financed by other than ANA funds at the end of the project period.

   (4) Results or Benefits Expected. (20 points)

   Completion of the proposed objectives will result in specific, measurable results. The application shows how the expected results will help the community meet its long-range goals. The specific information provided in the narrative and objective work plans

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   on expected results or benefits for each objective is the standard upon which its achievement can be evaluated at the end of each budget year.

   (5) Budget. (10 points)

   A detailed and fully explained budget is provided for each budget period requested which:

   ‹bullet› Justifies each line item, with a well-written justification, in the budget categories in Section B of the Budget Information of the application, including the applicant's non-Federal share and its source. Applicants from American Samoa, Guam, and the Northern Mariana Islands are not required to provide a 20% match for the non-Federal share since the level of funding available for the planned ANA grants would not invoke a required match for grants to these insular areas. Therefore, applicants from these insular areas may not have points reduced for the lack of matching funds. They are, however, expected to coordinate and organize the delivery of any non- ANA resources they propose for the project, as are all ANA applicants.

   ‹bullet› Includes and justifies sufficient cost and other necessary details to facilitate the determination of cost allowability and the relevance of these costs to the proposed project; and

   ‹bullet› Requests funds which are appropriate and necessary for the scope of the proposed project.

   ‹bullet› Includes sufficient funds for principal representatives from the applicant organization to travel to one post-award grant training and technical assistance conference. This travel and training should occur as soon as practical.

   ‹bullet› For business development projects, the proposal demonstrates that the expected return on the funds used to develop the project provides a reasonable operating income and return within a future specified time frame.

   ‹bullet› Includes an employee fringe benefit budget that provides grant-funded employees with a qualified, self-directed, portable retirement plan in addition to Social Security. ANA will fund at least five (5) percent of the employer's share, and up to the full grant- project Federal share of employer contributions when based on a program providing benefits equally to all grant- and non-grant employees.

   ANA considers a retirement plan to be a necessary, reasonable and allowable cost in accordance with OMB rules. Minimum standards for an acceptable retirement fringe benefit plan are:

   ‹bullet› The plan must be ``qualified'', i.e., approved by the Internal Revenue Service to receive special tax-favored treatment.

   ‹bullet› The plan exists for the exclusive benefit of the participants; funds are to be used for retirement and certain other pre-retirement needs, not for the organization's needs.

   ‹bullet› The plan must have a vesting schedule that does not exceed the initial budget period of the ANA grant.

   ‹bullet› The plan must be a 401(k) for people who work in corporations or 403(b) plan for people who work for not-for-profit organizations. An alternate proposal may be submitted for review and approval during grant award negotiations. Alternate proposals may include the use of Individual Retirement Accounts, Money Purchase Pension Plans, Defined Benefit Pension Plans, Combination Plans, etc. In no case will a non-qualified deferred compensation plan, e.g., Supplemental Executive Retirement Plan (SERPs) or Executive Bonus Plan be accepted.

7. Application Due Dates

   The closing dates for submission of applications under this competitive area are: October 23, 1998, February 12, 1999 and May 21, 1999.

8. Contact Information

   Leon McKoy, Program Specialist, Department of Health and Human Services, Administration for Children and Families, Administration for Native Americans, 370 L'Enfant Promenade, SW, Mail Stop HHH 348-F, Washington, DC 20447, tel: (202) 690-6320, e-mail: LMcKoy@acf.dhhs.gov

   Competitive Area 2. Alaska-Specific Social and Economic Development Strategies (SEDS) Projects

1. Purpose and Availability of Funds

   This competitive area funds Alaska Native social and economic development projects. Approximately $1.5 million of financial assistance is anticipated to be available for Alaska Native governance, social and economic development projects.

   ANA plans to award approximately 15-18 grants under this competitive area. For individual village projects, the funding level for a budget period of 12 months will be up to $100,000; for regional nonprofit and village consortia, the funding level for a budget period of 12 months will be up to $150,000, commensurate with approved multi- village objectives.

2. Background

   Based on the three ANA goals described in Part I, ANA implemented a special Alaska social and economic development initiative in fiscal year 1984. This special effort was designed to provide financial assistance at the village level or for village-specific projects aimed at improving a village's governance capabilities and for social and economic development.

   This competitive area continues to implement this special initiative. ANA believes both the nonprofit and for-profit corporations in Alaska can play an important supportive role in assisting individual villages to develop and implement their own locally determined strategies which capitalize on opportunities afforded to Alaska Natives under the Alaska Native Claims Settlement Act (ANCSA), Public Law 92- 203.

   While the Administration for Native Americans does not fund objectives or activities for the core administration of an organization. ANA will consider funding core administrative capacity building projects at the village government level if the village does not have governing systems in place.

3. Proposed Projects to be Funded

   Examples of the types of projects that ANA may fund include, but are not limited to, projects that will: Governance

   ‹bullet› Initiate demonstration programs at the regional level to allow Native people to become involved in developing strategies to maintain and develop their economic subsistence base;

   ‹bullet› Assist villages in developing land use capabilities and skills in the areas of land and natural resource management and protection, resource assessment and conducting environmental impact studies;

   ‹bullet› Assist village consortia in the development of tribal constitutions, ordinances, codes and tribal court systems;

   ‹bullet› Develop agreements between the State and villages that transfer programs jurisdictions, and/or control to Native entities;

   ‹bullet› Strengthen village government control of land management, including land protection, through coordination of land use planning with village corporations and cities, if appropriate;

   ‹bullet› Assist in status clarification activities;

   ‹bullet› Initiate village level mergers between village councils, village corporations and others to coordinate programs and services which safeguard the health, well being and culture of a community and its people;

   ‹bullet› Strengthen local governance capabilities through the development of village consortia and regional IRAs (Indian Reorganization Act councils organized under the Indian Reorganization Act, 25 U.S.C. 473a);

   [[Page 47398]]

   ‹bullet› Assist villages in preparing and coordinating plans for the development and/or improvement of water and sewer systems within the village boundaries;

   ‹bullet› Assist villages in establishing initiatives through which youth may participate in the governance of the community and be trained to assume leadership roles in village governments; and

   ‹bullet› Consider strategies and plans to protect against, monitor, and assist when catastrophic events occur, such as oil spills or earthquakes. Economic Development

   ‹bullet› Assist villages in developing businesses and industries which: (1) use local materials; (2) create jobs for Alaska Natives; (3) are capable of high productivity at a small scale of operation; and (4) complement traditional and necessary seasonal activities;

   ‹bullet› Substantially increase and strengthen efforts to establish and improve the village and regional infrastructure and the capabilities to develop and manage resources in a highly competitive cash-economy system;

   ‹bullet› Assist villages, or consortia of villages, in developing subsistence compatible industries that will retain local dollars in villages;

   ‹bullet› Assist in the establishment or expansion of new native- owned businesses; and

   ‹bullet› Assist villages in labor export; i.e., people leaving the local communities for seasonal work and returning to their communities. Social Development

   ‹bullet› Assist in developing training and education programs for local jobs in education, government, and health-related fields; and work with these agencies to encourage job replacement of non-Natives by trained Natives;

   ‹bullet› Develop local models related to comprehensive planning and delivery of social services;

   ‹bullet› Develop new service programs, initially established with ANA funds, which will be funded by local communities or the private sector for continued operation after the ANA grant expires.

   ‹bullet› Develop or coordinate with State-funded projects, activities designed to decrease the incidence of child abuse and neglect, fetal alcohol syndrome, and/or suicides;

   ‹bullet› Assist in obtaining licenses to provide housing or related services from State or local governments; and

   ‹bullet› Develop businesses to provide relief for caretakers needing respite from human service-related care work.

4. Eligible Applicants

   The following organizations are eligible to apply under this competitive area:

   ‹bullet› Federally recognized Indian Tribes in Alaska;

   ‹bullet› Alaska Native villages as defined in the Alaska Native Claims Settlement Act (ANCSA) and/or nonprofit village consortia;

   ‹bullet› Incorporated nonprofit Alaska Native multi-purpose community-based organizations;

   ‹bullet› Nonprofit Alaska Native Regional Corporations/Associations in Alaska with village specific projects; and

   ‹bullet› Nonprofit Native organizations in Alaska with village specific projects.

   Further information on eligibility requirements is presented in Part I, ANA Policy and Goals. Some important policies found in Part I are highlighted as follows:

   Current ANA SEDS grantees in Alaska whose project period ends on or before September 30, 1999 are eligible to apply for a grant award under this program announcement. The Project Period is noted in Block 9 of the ``Financial Assistance Award'' document. Applicants for new grants may not have a pending request to extend their existing grant beyond September 30, 1999.

   Any non-profit organization submitting an application must submit proof of its non-profit status in the application at the time of submission. The non-profit agency can accomplish this by providing a copy of the applicant's listing in the Internal Revenue Service's (IRS) most recent list of tax exempt organizations described in Section 501(c)(3) of the IRS code or by providing a copy of the currently valid IRS tax exemption certificate, or by providing a copy of the articles of incorporation bearing the seal of the State in which the corporation or association is domiciled.

   If the applicant, other than a tribe or an Alaska Native Village government, is proposing a project benefiting Native Americans or Native Alaskans, or both, it must provide assurance that its duly elected or appointed board of directors is representative of the community, to be served. To establish compliance with the requirement in the regulations for a Board representative of the community applicants should provide information establishing that at least ninety (90) percent of the individuals serving on a non-profit applicant's board fall into one or more of the following categories: (1) A current or past member of the community to be served; (2) a prospective participant or beneficiary of the project to be funded; or (3) have a cultural relationship with the community to be served. A list of board members with this information including Tribal or Village affiliation, is one of the most suitable approaches for demonstrating compliance with this requirement.

   Under each competitive area, ANA will only accept one application which serves or impacts a reservation, Tribe, or Native American community. If a federally recognized Tribe or Alaska Native village chooses not to apply, it may support another applicant's project (e.g., a tribal organization) which serves or impacts their reservation. In this case, the applicant must include a Tribal resolution which clearly demonstrates the Tribe's approval of the project and the Tribe's understanding that the other applicant's project supplants the Tribe's authority to submit an application under that specific competitive area both for the current competition and for the duration of the approved grant period.

   Although for-profit regional corporations established under ANCSA are not eligible applicants, individual villages and Indian communities are encouraged to use for-profit regional corporations as subcontractors and to collaborate with them in joint-venture projects for promoting social and economic self-sufficiency. ANA encourages the for-profit corporations to assist the villages in developing applications and to participate as subcontractors in a project.

5. Grantee Share of the Project

   Grantees must provide at least 20 percent of the total approved cost of the project; i.e. the sum of the ACF share and the non-Federal share. Further information on this requirement is presented in Part I, ANA Policy and Goals.

6. Review Criteria

   A proposed project should reflect the purposes of ANA's SEDS policy and goals (described in the Background section of this competitive area and in the Background section of Competitive Area 1), include a social and economic development strategy which reflects the needs and specific circumstances of the local community, and address the specific developmental steps that the tribe or Native American community is undertaking toward self-sufficiency.

   The evaluation criteria are closely related to each other and are considered as a whole in judging the overall quality of an application. Points are awarded only to applications which are responsive to this competitive area and

   [[Page 47399]]

   these criteria. Proposed projects will be reviewed on a competitive basis using the following evaluation criteria:

   (1) Long-Range Goals and Available Resources. (15 points)

   (a) The application describes the long-range goals and strategy, including:

   ‹bullet› How specific social, governance and economic long-range community goals relate to the proposed project and strategy;

   ‹bullet› How the community intends to achieve these goals;

   ‹bullet› The relationship between the long-range goals and the applicant's comprehensive community social and economic development plan. (Inclusion of the community's entire development plan is not necessary); and

   ‹bullet› A clearly delineated social and economic development strategy (SEDS).

   The application identifies and documents pre-existing and planned involvement and support of the community in the planning process and implementation of the proposed project. The type of community you serve and nature of the proposal being made, will influence the type of documentation necessary. For example, a Tribe may choose to address this requirement by submitting a resolution stating that community involvement has occurred in the project planning or may determine that additional community support work is necessary.

   A tribal organization may submit resolutions supporting the project proposal from each of its members tribes, as well as a resolution from the applicant organization. Other examples of documentation include: community surveys; minutes of community meetings; questionnaires; tribal presentations; and/or discussion/position papers.

   Applications from National Indian and Native organizations must clearly demonstrate a need for the project, explain how the project was originated, state who the intended beneficiaries will be, and describe how the recipients will actually benefit from the project. National Indian and Native organizations should describe their membership and define how the organization operates.

   (b) Available resources (other than ANA and the non-Federal share) which will assist, and be coordinated with the project are described. These resources should be documented by letters of commitment of resources, not merely letters of support. ``Letters of commitment'' are binding when they specifically state the nature, the amount, and conditions under which another agency or organization will support a project funded with ANA funds. ``Letters of support'' merely express another organization's endorsement of a proposed project. Support letters are not binding commitment letters or do not factually establish the authenticity of other resources and do not offer or bind specific resources to the project.

   For example, a letter from another Federal agency or foundation pledging a commitment of $200,000 in construction funding to complement proposed ANA funded pre-construction activity is evidence of a firm funding commitment. These resources may be human, natural or financial, and may include other Federal and non-Federal resources. (Applicant statements that additional funding will be sought from other specific sources are not considered a binding commitment of outside resources.)

   Non-ANA resources should be leveraged to strengthen and broaden the impact of the proposed project in the community. Project designs should explain how those parts of projects which ANA does not fund will be financed through other sources. For example, ANA does not fund construction. Applicants must show the relationship of non-ANA funded activities to those objectives and activities that are funded with ANA grant funds.

   (2) Organizational Capabilities and Qualifications. (10 points)

   (a) The management and administrative structure of the applicant is explained. Evidence of the applicant's ability to manage a project of the proposed scope is demonstrated. The application clearly shows the successful management of projects of similar scope by the organization, and/or by the individuals designated to manage the project.

   (b) Position descriptions and/or resumes of key personnel, including those of consultants, are presented. The position descriptions and/or resumes relate specifically to the staff proposed in the Approach Page and in the proposed Budget of the application. Position descriptions very clearly describe each position and its duties and clearly relate to the personnel staffing required to achieve the project objectives. Resumes demonstrate that the proposed staff are qualified to carry out the project activities. Either the position descriptions or the resumes contain the qualifications and/or specialized skills necessary for overall quality management of the project. Resumes must be included if individuals have been identified for positions in the application.

   Note: Applicants are strongly encouraged to give preference to Native Americans in hiring staff and subcontracting services under an approved ANA grant.

   (3) Project Objectives, Approach and Activities. (45 points)

   The application proposes specific project objective work plans with activities related to each specific objective. The objective work plan(s) in the application includes project objectives and activities for each budget period proposed and demonstrates that each of the objectives and its activities:

   ‹bullet› Is measurable and/or quantifiable in terms of results or outcomes;

   ‹bullet› Supports the community's social and economic development strategy;

   ‹bullet› Clearly relates to the community's long-range goals;

   ‹bullet› Can be accomplished with the available or expected resources during the proposed project period;

   ‹bullet› Indicates when the objective, and major activities under each objective, will be accomplished;

   ‹bullet› Specifies who will conduct the activities under each objective; and

   ‹bullet› Supports a project that will be completed, self- sustaining, or financed by other than ANA funds at the end of the project period.

   (4) Results or Benefits Expected. (20 points)

   Completion of the proposed objectives will result in specific, measurable results. The application shows how the expected results will help the community meet its long-range goals. The specific information provided in the narrative and objective work plans on expected results or benefits for each objective is the standard upon which its achievement can be evaluated at the end of each budget year.

   (5) Budget. (10 points)

   A detailed and fully explained budget is provided for each budget period requested which:

   ‹bullet› Justifies each line item, with a well-written justification, in the budget categories in Section B of the Budget Information of the application, including the applicant's non-Federal share and its source. Applicants from American Samoa, Guam, and the Northern Mariana Islands are not required to provide a 20% match for the non-Federal share since the level of funding available for the planned ANA grants would not invoke a required match for grants to these insular areas. Therefore, applicants from these insular areas may not have points reduced for the lack of matching funds. They are, however, expected to coordinate and organize the delivery of any non- ANA resources they propose for the project, as are all ANA applicants.

   ‹bullet› Includes and justifies sufficient cost and other necessary details to facilitate

   [[Page 47400]]

   the determination of cost allowability and the relevance of these costs to the proposed project; and

   ‹bullet› Requests funds which are appropriate and necessary for the scope of the proposed project.

   ‹bullet› Includes sufficient funds for principal representatives from the applicant organization to travel to one post-award grant training and technical assistance conference. This travel and training should occur as soon as practical.

   ‹bullet› For business development projects, the proposal demonstrates that the expected return on the funds used to develop the project provides a reasonable operating income and return within a future specified time frame.

   ‹bullet› Includes an employee fringe benefit budget that provides grant-funded employees with a qualified, self-directed, portable retirement plan in addition to Social Security. ANA will fund at least five (5) percent of the employer's share, and up to the full grant- project Federal share of employer contributions when based on a program providing benefits equally to all grant-and non-grant employees.

   ANA considers a retirement plan to be a necessary, reasonable and allowable cost in accordance with OMB rules. Minimum standards for an acceptable retirement fringe benefit plan are:

   ‹bullet› The plan must be ``qualified'', i.e., approved by the Internal Revenue Service to receive special tax-favored treatment.

   ‹bullet› The plan exists for the exclusive benefit of the participants; funds are to be used for retirement and certain other pre-retirement needs, not for the organization's needs.

   ‹bullet› The plan must have a vesting schedule that does not exceed the initial budget period of the ANA grant.

   ‹bullet› The plan must be a 401(k) for people who work in corporations or 403(b) plan for people who work for not-for-profit organizations. An alternate proposal may be submitted for review and approval during grant award negotiations. Alternate proposals may include the use of Individual Retirement Accounts, Money Purchase Pension Plans, Defined Benefit Pension Plans, Combination Plans, etc. In no case will a non-qualified deferred compensation plan, e.g., Supplemental Executive Retirement Plan (SERPs) or Executive Bonus Plan be accepted.

7. Application Due Date

   The closing date for submission of applications under this competitive area is: May 21, 1999. Applicants are reminded that for this May closing, applications for SEDS grants from Alaska Native entities may be submitted under either Competitive Area 1 or Competitive Area 2, but not both.

8. Contact Information

   Christopher Beach, Program Specialist, Department of Health and Human Services, Administration for Children and Families, Administration for Native Americans, 370 L'Enfant Promenade, SW, Mail Stop HHH 348-F, Washington, DC 20447, tel: (202) 401-7365, e-mail: CBeach@acf.dhhs.gov.

   Competitive Area 3. Indian Environmental Regulatory Enhancement Projects

1. Purpose and Availability of Funds

   This competitive area funds environmental regulatory enhancement projects. Approximately $3 million of financial assistance is anticipated to be available for environmental regulatory enhancement projects. ANA expects to award approximately 35 grants under this competitive area. The funding level for a budget period of 12 months will be up to $250,000. An applicant may propose project periods of between 12 and 36 months.

2. Background

   Despite an increasing environmental responsibility and growing awareness of environmental issues on Indian lands, there has been a lack of resources available to tribes to develop tribal environmental programs that are responsive to tribal needs. In many cases, this lack of resources has resulted in a delay in action on the part of the tribes.

   Some of the critical issues identified by tribes before Congressional committees include:

   ‹bullet› The need for assistance to train professional staff to monitor and enforce tribal environmental programs;

   ‹bullet› The lack of adequate data for tribes to develop environmental statutes and establish environmental quality standards; and

   ‹bullet› The lack of resources to conduct studies to identify sources of pollution and the ability to determine the impact on existing environmental quality.

   As a result, Congress enacted the Indian Environmental Regulatory Enhancement Act of 1990 (Pub. L. 101-408) to strengthen tribal governments through building capacity within the tribes in order to identify, plan, develop, and implement environmental programs in a manner that is consistent with tribal culture. ANA is to support these activities on a government-to-government basis in a way that recognizes tribal sovereignty and is consistent with tribal culture.

   The Administration for Native Americans believes that responsibility for achieving environmental regulatory enhancement rests with the governing bodies of Indian tribes, Alaska Native villages, and with the leadership of Native American groups.

   Environmental regulatory enhancement includes (but is not limited to) the planning, development, and application of laws, training, monitoring, and enforcement procedures, tribal courts, environmental laboratories and other facilities, and associated regulatory activities to strengthen the tribal government's capacity to enhance the quality of reservation life as measured by the reduction of pollutants in the air, water, soil, food and materials encountered by inhabitants of tribes and villages.

   Progress toward the goal of environmental regulatory enhancement would include the strengthening of tribal environmental laws, providing for the training and education of those employees responsible for ensuring compliance with and enforcement of these laws, and the development of programs to conduct compliance and enforcement functions.

   Other functions leading toward enhancing local regulatory capacity include, but are not limited to:

   ‹bullet› Environmental assessments;

   ‹bullet› Development and use of environmental laboratories; and

   ‹bullet› Development of court systems for enforcement of tribal and Federal environmental laws.

   Ultimate success in this program will be realized when the applicant's desired level of environmental quality is acquired and maintained.

3. Proposed Projects To Be Funded

   Financial assistance provided by ANA is available for developmental projects designed to assist tribes in advancing their capacity and capability to plan for and:

   ‹bullet› Develop or enhance the tribal environmental regulatory infrastructure required to support a tribal environmental program, and to regulate and enforce environmental activities on Indian lands pursuant to Federal and Indian law;

   ‹bullet› Develop regulations, ordinances and laws to protect the environment;

   ‹bullet› Develop the technical and program capacity to carry out a comprehensive tribal environmental program and perform essential environmental program functions;

   ‹bullet› Promote environmental training and education of tribal employees;

   [[Page 47401]]

   ‹bullet› Develop technical and program capability to meet tribal and Federal regulatory requirements;

   ‹bullet› Develop technical and program capability to monitor compliance and enforcement of tribal environmental regulations, ordinances, and laws; and

   ‹bullet› Ensure the tribal court system enforcement requirements are developed in concert with and support the tribe's comprehensive environmental program.

4. Eligible Applicants

   The following organizations are eligible to apply under this competitive area:

   ‹bullet› Federally recognized Indian tribes;

   ‹bullet› Incorporated non-federally and State recognized Indian tribes;

   ‹bullet› Alaska Native villages as defined in the Alaska Native Claims Settlement Act (ANCSA) and/or nonprofit village consortia;

   ‹bullet› Nonprofit Alaska Native Regional Corporations/Associations with village specific projects; and

   ‹bullet› Other tribal or village organizations or consortia of Indian tribes.

   ‹bullet› Tribal governing bodies (IRA or traditional councils) as recognized by the Bureau of Indian Affairs.

   The following organizations are not eligible to apply based on the determination that they do not own or manage resources for which environmental regulatory projects are directed and therefore are not empowered to perform such projects:

   ‹bullet› Urban Indian Centers;

   ‹bullet› Incorporated nonprofit multi-purpose community-based Indian organizations;

   ‹bullet› Public and nonprofit private agencies serving: Native Hawaiians, peoples from Guam, American Samoa, Palau, or the Commonwealth of Northern Mariana Islands;

   ‹bullet› Incorporated nonprofit Alaska Native multi-purpose community based organizations; and

   ‹bullet› National or regional incorporated nonprofit Native American organizations with Native American community-specific objectives.

   Further information on eligibility requirements is presented in Part I, ANA Policy and Goals. Some important policies found in Part I are highlighted as follows:

   Current ANA Indian Environmental Regulatory Enhancement project grantees whose grant project period ends on or before September 30, 1999 are eligible to apply for a grant award under this program announcement. The Project Period is noted in Block 9 of the ``Financial Assistance Award'' document. Applicants for new grants may not have a pending request to extend their existing grant beyond September 30, 1999.

   Any non-profit organization submitting an application must submit proof of its non-profit status in the application at the time of submission. The non-profit agency can accomplish this by providing a copy of the applicant's listing in the Internal Revenue Service's (IRS) most recent list of tax exempt organizations described in Section 501(c)(3) of the IRS code or by providing a copy of the currently valid IRS tax exemption certificate, or by providing a copy of the articles of incorporation bearing the seal of the State in which the corporation or association is domiciled.

   If the applicant, other than a tribe or an Alaska Native Village government, is proposing a project benefiting Native Americans or Native Alaskans, or both, it must provide assurance that its duly elected or appointed board of directors is representative of the community, to be served. To establish compliance with the requirement in the regulations for a Board representative of the community applicants should provide information establishing that at least ninety (90) percent of the individuals serving on a non-profit applicant's board fall into one or more of the following categories: (1) A current or past member of the community to be served; (2) a prospective participant or beneficiary of the project to be funded; or (3) have a cultural relationship with the community to be served. A list of board members with this information including Tribal or Village affiliation, is one of the most suitable approaches for demonstrating compliance with this requirement.

   Under each competitive area, ANA will only accept one application which serves or impacts a reservation, Tribe, or Native American community. If a federally recognized Tribe or Alaska Native village chooses not to apply, it may support another applicant's project (e.g., a tribal organization) which serves or impacts their reservation. In this case, the applicant must include a Tribal resolution which clearly demonstrates the Tribe's approval of the project and the Tribe's understanding that the other applicant's project supplants the Tribe's authority to submit an application under that specific competitive area both for the current competition and for the duration of the approved grant period.

5. Grantee Share of the Project

   Grantees must provide at least 20 percent of the total approved cost of the project; i.e. the sum of the ACF share and the non-Federal share. Further information on this requirement is presented in Part I, ANA Policy and Goals.

6. Review Criteria

   A proposed project should reflect the environmental regulatory purposes stated and described in the Background section of this competitive area. The evaluation criteria are closely related to each other and are considered as a whole in judging the overall quality of an application. Points are awarded only to applications which are responsive to this competitive area and these criteria. Proposed projects will be reviewed on a competitive basis using the following evaluation criteria:

   (1) Long-Range Goals and Available Resources. (15 points)

   (a) The application describes the long-range goals and strategy, including:

   ‹bullet› How specific environmental regulatory enhancement long- range goal(s) relate to the proposed project and strategy;

   ‹bullet› How the community intends to achieve these goals;

   ‹bullet› The applicant's specific environmental regulatory needs; and

   ‹bullet› A clearly delineated strategy to improve the capability of the governing body of a tribe to regulate environmental quality through enhancing local capacity to perform necessary regulatory functions.

   The application identifies and documents pre-existing and planned involvement and support of the community in the planning process and implementation of the proposed project. The type of community you serve and nature of the proposal being made, will influence the type of documentation necessary. For example, a Tribe may choose to address this requirement by submitting a resolution stating that community involvement has occurred in the project planning or may determine that additional community support work is necessary.

   Similarly, a tribal organization may submit resolutions supporting the project proposal from each of its member tribes, as well as a resolution from the applicant organization. Other examples of documentation include: community surveys; minutes of community meetings; questionnaires; tribal presentations; and/or discussion/ position papers.

   (b) Available resources (other than ANA and the non-Federal share) which will assist, and be coordinated with the project are described. These resources should be documented by letters of commitment of resources, not merely letters of support. ``Letters of

   [[Page 47402]]

   commitment'' are binding when they specifically state the nature, the amount, and conditions under which another agency or organization will support a project funded with ANA funds. ``Letters of support'' merely express another organization's endorsement of a proposed project. Support letters are not binding commitment letters or do not factually establish the authenticity of other resources and do not offer or bind specific resources to the project.

   For example, a letter from another Federal agency or foundation pledging a commitment of $200,000 in construction funding to complement proposed ANA funded pre-construction activity is evidence of a firm funding commitment. These resources may be human, natural or financial, and may include other Federal and non-Federal resources. (Applicant statements that additional funding will be sought from other specific sources are not considered a binding commitment of outside resources.)

   Non-ANA resources should be leveraged to strengthen and broaden the impact of the proposed project in the community. Project designs should explain how those parts of projects which ANA does not fund will be financed through other sources. For example, ANA does not fund construction. Applicants must show the relationship of non-ANA funded activities to those objectives and activities that are funded with ANA grant funds.

   (2) Organizational Capabilities and Qualifications. (15 points)

   (a) The management and administrative structure of the applicant is described and explained. Evidence of the applicant's ability to manage a project of the scope proposed is well documented. The application clearly shows the successful management of projects of similar scope by the organization, and/or by the individuals designated to manage or consult on the project. The tribe itself may not have experience to meet this requirement but the proposed staff and consultants should have the required qualifications and experience. The application should clearly describe any previous or current activities of the applicant organization or proposed staff and/or consultants in support of environmental regulatory enhancement.

   (b) Position descriptions and/or resumes of key personnel, including those of consultants, are presented. The position descriptions and/or resumes relate specifically to the staff proposed in the Approach Page and in the proposed Budget of the application. Position descriptions very clearly describe each position and its duties and clearly relate to the personnel staffing required to achieve the project objectives. Resumes indicate that the proposed staff are qualified to carry out the project activities. Either the position descriptions or the resumes contain the qualifications and/or specialized skills necessary for overall quality management of the project. Resumes must be included if individuals have been identified for positions in the application.

   Note: Applicants are strongly encouraged to give preference to Native Americans in hiring staff and subcontracting services under an approved ANA grant.

   (3) Project Objectives, Approach and Activities. (40 points)

   The application proposes specific project objective work plans with activities related to each specific objective. The objective work plan(s) in the application includes project objectives and activities for each budget period proposed and demonstrates that each of the objectives and its activities:

   ‹bullet› Is measurable and/or quantifiable in terms of results or outcomes;

   ‹bullet› Supports the community's strategy for environmental regulatory enhancement;

   ‹bullet› Clearly relates to the community's long-range environmental goals;

   ‹bullet› Can be accomplished with the available or expected resources during the proposed project period;

   ‹bullet› Indicates when the objective, and major activities under each objective, will be accomplished;

   ‹bullet› Specifies who will conduct the activities under each objective; and

   ‹bullet› Supports a project that will be completed, self- sustaining, or financed by other than ANA funds at the end of the project period.

   (4) Results or Benefits Expected. (20 points)

   Completion of the proposed objectives will result in specific, measurable results. The application shows how the expected results will help the community meet its long-range environmental goals. The specific information provided in the narrative and objective work plans on expected results or benefits for each objective is the standard upon which its achievement can be evaluated at the end of each budget year.

   (5) Budget. (10 points)

   A detailed and fully explained budget is provided for each budget period requested which:

   ‹bullet› Justifies each line item, with a well-written justification, in the budget categories in Section B of the Budget Information of the application, including the applicant's non-Federal share and its source. Applicants from American Samoa, Guam, and the Northern Mariana Islands are not required to provide a 20% match for the non-Federal share since the level of funding available for the planned ANA grants would not invoke a required match for grants to these insular areas. Therefore, applicants from these insular areas may not have points reduced for the lack of matching funds. They are, however, expected to coordinate and organize the delivery of any non- ANA resources they propose for the project, as are all ANA applicants.

   ‹bullet› Includes and justifies sufficient cost and other necessary details to facilitate the determination of cost allowability and the relevance of these costs to the proposed project; and

   ‹bullet› Requests funds which are appropriate and necessary for the scope of the proposed project.

   ‹bullet› Includes sufficient funds for principal representatives from the applicant organization to travel to one post-award grant training and technical assistance conference. This travel and training should occur as soon as practical.

   ‹bullet› For business development projects, the proposal demonstrates that the expected return on the funds used to develop the project provides a reasonable operating income and return within a future specified time frame.

   ‹bullet› Includes an employee fringe benefit budget that provides grant-funded employees with a qualified, self-directed, portable retirement plan in addition to Social Security. ANA will fund at least five (5) percent of the employer's share, and up to the full grant- project Federal share of employer contributions when based on a program providing benefits equally to all grant-and non-grant employees.

   ANA considers a retirement plan to be a necessary, reasonable and allowable cost in accordance with OMB rules. Minimum standards for an acceptable retirement fringe benefit plan are:

   ‹bullet› The plan must be ``qualified'', i.e., approved by the Internal Revenue Service to receive special tax-favored treatment.

   ‹bullet› The plan exists for the exclusive benefit of the participants; funds are to be used for retirement and certain other pre-retirement needs, not for the organization's needs.

   ‹bullet› The plan must have a vesting schedule that does not exceed the initial budget period of the ANA grant.

   ‹bullet› The plan must be a 401(k) for people who work in corporations or 403(b) plan for people who work for not-for-profit organizations. An alternate

   [[Page 47403]]

   proposal may be submitted for review and approval during grant award negotiations. Alternate proposals may include the use of Individual Retirement Accounts, Money Purchase Pension Plans, Defined Benefit Pension Plans, Combination Plans, etc. In no case will a non-qualified deferred compensation plan, e.g., Supplemental Executive Retirement Plan (SERPs) or Executive Bonus Plan be accepted.

7. Application Due Dates

   The closing date for submission of applications under this competitive area is March 5, 1999.

8. Contact Information

   Jeanette Clyburn, Program Specialist, Department of Health and Human Services, Administration for Children and Families, Administration for Native Americans, 370 L'Enfant Promenade, SW, Mail Stop HHH 348-F, Washington, DC 20447, tel: (202) 690-6326; e-mail: JClyburn@acf.dhhs.gov

   Part III--General Application Information and Guidance

1. Definitions

   Funding areas in this program announcement are based on the following definitions:

   ‹bullet› A multi-purpose community-based Native American organization is an association and/or corporation whose charter specifies that the community designates the Board of Directors and/or officers of the organization through an elective procedure and that the organization functions in several different areas of concern to the members of the local Native American community. These areas are specified in the by-laws and/or policies adopted by the organization. They may include, but need not be limited to, economic, artistic, cultural, and recreational activities, and the delivery of human services such as health care, day care, counseling, education, and training.

   ‹bullet› A multi-year project is a project on a single theme that requires more than 12 months to complete and affords the applicant an opportunity to develop and address more complex and in-depth strategies than can be completed in one year. A multi-year project cannot be a series of unrelated objectives with activities presented in chronological order over a two or three year period.

   ‹bullet› Budget Period is the interval of time (usually 12 months) into which the project period is divided for budgetary and funding purposes.

   ‹bullet› Core administration is funding for staff salaries for those functions which support the organization as a whole, or for purposes unrelated to the actual management or implementation of work conducted under an ANA approved project.

   ‹bullet› Environmental regulatory enhancement includes (but is not limited to) the planning, development, and application of laws, training, monitoring, and enforcement procedures, tribal courts, environmental laboratories and other facilities, and associated regulatory activities to strengthen the tribal government's capacity to enhance the quality of reservation life as measured by the reduction of pollutants in the air, water, soil, food and materials encountered by inhabitants of tribes and villages.

   ‹bullet› Real Property means land, including land improvements, structures and appurtenances thereto, excluding movable machinery and equipment.

   ‹bullet› Construction is the term which specifies a project supported through a discretionary grant or a cooperative agreement, to support the initial building of a facility.

   ‹bullet› Core administration is funding for staff salaries for those functions which support the organization as a whole, or for purposes unrelated to the actual management or implementation of work conducted under an ANA approved project. Under Competitive Area 2, ANA will consider funding core administrative capacity building projects at the village government level if the village does not have governing systems in place. However, functions and activities that are clearly project related are eligible for grant funding. For example, the management and administrative functions necessary to carry out an ANA approved project are not considered ``core administration'' and are, therefore, eligible costs. Additionally, ANA will fund the salaries of approved staff for time actually and reasonably spent to implement a funded ANA project.

2. Activities that Cannot be Funded

   The Administration for Native Americans does not fund:

   ‹bullet› Projects that operate indefinitely or require ANA funding on a recurring basis.

   ‹bullet› Projects in which a grantee would provide training and/or technical assistance (T/TA) to other tribes or Native American organizations which are otherwise eligible to apply to ANA (``third party T/TA''). However, the purchase of T/TA by a grantee for its own use or for its members' use (as in the case of a consortium), where T/ TA is necessary to carry out project objectives, is acceptable. In addition, T/TA is an allowable activity for environmental regulatory enhancement projects submitted under Competitive Area 3.

   ‹bullet› The support of on-going social service delivery programs or the expansion, or continuation, of existing social service delivery programs.

   ‹bullet› ANA will not fund the purchase of real property.

   ‹bullet› ANA will not fund construction.

   ‹bullet› Objectives or activities for the support of core administration of an organization.

   ‹bullet› Costs of fund raising, including financial campaigns, endowment drives, solicitation of gifts and bequests, and similar expenses incurred solely to raise capital or obtain contributions are unallowable under a grant award. However, even though these costs are unallowable for purposes of computing charges to Federal awards, they must be treated as direct costs for purposes of determining indirect cost rates and be allocated their share of the organization's indirect costs if they represent activities which 1) include the salaries of personnel, 2) occupy space, and 3) benefit from the organization's indirect costs.

   Projects or activities that generally will not meet the purposes of this announcement are discussed further in Part III, Section G, General Guidance to Applicants, below.

3. Multi-Year Projects

   A multi-year project is a project on a single theme that requires more than 12 months to complete and affords the applicant an opportunity to develop and address more complex and in-depth strategies than can be completed in one year. Applicants are encouraged to develop multi-year projects. A multi-year project cannot be a series of unrelated objectives with activities presented in chronological order over a two or three year period.

   Awards, on a competitive basis, will be for a one-year budget period, although project periods may be for three years. Applications for continuation grants funded under these awards beyond the one-year budget period, but within a two-to-three year project period, will be entertained in subsequent years on a non-competitive basis, subject to the availability of funds, satisfactory progress of the grantee and determination that continued funding would be in the best interest of the Government. Therefore, this program announcement does not apply to current ANA grantees with multi-year projects that apply for continuation funding for their second or third year budget periods.

   [[Page 47404]]

4. Intergovernmental Review of Federal Programs

   This program is not covered by Executive Order 12372 or 45 CFR Part 100.

5. The Application Process

   1. Application Submission by Mail

   One signed original, and two copies, of the grant application, including all attachments, must be mailed on or before the specific closing date of each ANA competitive area to: U.S. Department of Health and Human Services, Administration for Children and Families, ACYF/ Office of Grants Management, 370 L'Enfant Promenade, SW, Mail Stop HHH 326-F, Washington, DC 20447-0002, Attention: Lois B. Hodge, ANA No. 93612-991. 2. Application Submission by Courier

   Hand delivered applications are accepted between the hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, if they are either received on or before the deadline date or postmarked on or before the established closing date at: Administration for Children and Families, ACYF/Office of Grants Management, ACF Mail Room, Second Floor Loading Dock, Aerospace Center, 901, D Street, SW, Washington, DC 20024, Attention: Lois B. Hodge, ANA No. 93612-991. 2. Application Consideration

   The ANA Commissioner determines the final action to be taken on each grant application received under this program announcement.

   The following points should be taken into consideration by all applicants:

   ‹bullet› Incomplete applications and applications that do not conform to this announcement will not be accepted for review. Applicants will be notified in writing of any such determination by ANA. An incomplete application is one that is:

   ‹bullet› Missing Form SF 424

   ‹bullet› Does not have a signature on Form SF 424

   ‹bullet› Does not include proof of non-profit status, if applicable

   ‹bullet› The application (Form 424) must be signed by an individual authorized 1) to act for the applicant tribe or organization, and 2) to assume the applicant's obligations under the terms and conditions of the grant award, including Native American Program statutory and regulatory requirements.

   ‹bullet› Complete applications that conform to all the requirements of this program announcement are subjected to a competitive review and evaluation process (discussed in section G below). Independent review panels consisting of reviewers familiar with American Indian Tribes and Native American communities and organizations, and environmental issues, as appropriate, evaluate each application using the published criteria in each funding competitive area. As a result of the review, a normalized numerical score will be assigned to each application. A normalized score reflects the average score from the reviewers, adjusted to reflect the average score from the panels.

   ‹bullet› The Commissioner's funding decision is based on the review panel's analysis of the application, recommendation and comments of ANA staff, State and Federal agencies having contract and grant performance related information, and other interested parties.

   ‹bullet› The Commissioner makes grant awards consistent with the purpose of the Act, all relevant statutory and regulatory requirements, this program announcement, and the availability of funds.

   ‹bullet› Successful applicants are notified through an official Financial Assistance Award (FAA) document. The FAA will state the amount of Federal funds awarded, the purpose of the grant, the terms and conditions of the grant award, the effective date of the award, the project period, the budget period, and the amount of the non-ACF matching share requirement.

   ‹bullet› Each tribe, Native American organization, or other eligible applicant may compete for a grant award in each of the three competitive areas. However, no applicant may receive more than one SEDS grant. The Administration for Native Americans will accept only one application per competitive area from any one applicant. Alaska Native entities may receive a grant under either competitive area 1 or 2, but not under both. Therefore, applications for SEDS grants from Alaska Native entities may be submitted under either Competitive Area 1 or Competitive Area 2, but not both at the same time.

   ‹bullet› If an eligible applicant sends in two applications for the same competitive area, the one with the earlier postmark will be accepted for review unless the applicant withdraws the earlier application.

6. The Review Process

   1. Initial Application Review

   Applications submitted by the closing date and verified by the postmark under this program announcement will undergo a pre-review to determine that:

   ‹bullet› The applicant is eligible in accordance with the Eligible Applicants Section of this announcement; and

   ‹bullet› The application is signed and submitted by the deadline explained in section G, Application Due Date, in each competitive area of this announcement.

   ‹bullet› The application narrative, forms and materials submitted are adequate to allow the review panel to undertake an in depth evaluation and the project described is an allowable type. (All required materials and forms are listed in the Grant Application Checklist in the Application Kit).

   Applications subjected to the pre-review described above which fail to satisfy one or more of the listed requirements will be ineligible or otherwise excluded from competitive evaluation. 2. Competitive Review of Accepted Applications

   Applications which pass the pre-review will be evaluated and rated by an independent review panel on the basis of the specific evaluation criteria listed in Part II. These criteria are used to evaluate the quality of a proposed project, and to determine the likelihood of its success.

   ANA staff cannot respond to requests for information regarding funding decisions prior to the official notification to the applicants.

   After the Commissioner has made decisions on all applications, unsuccessful applicants are notified in writing within 30 days. The notification will be accompanied by a critique including recommendations for improving the application. 3. Appeal of Ineligibility

   Applicants who are initially excluded from competitive evaluation because of ineligibility, may appeal an ANA decision of applicant ineligibility. Likewise, applicants may also appeal an ANA decision that an applicant's proposed activities are ineligible for funding consideration. The appeals process is stated in the final rule published in the Federal Register on August 19, 1996 (61 FR 42817).

7. General Guidance to Applicants

   The following information is provided to assist applicants in developing a competitive application. 1. Program Guidance

   ‹bullet› The Administration for Native Americans funds projects that demonstrate the strongest prospects for addressing the stated purposes of this program announcement.

   [[Page 47405]]

   ‹bullet› Projects will not be ranked on the basis of general financial need.

   ‹bullet› In discussing the goals, strategy, and problems being addressed in the application, include sufficient background and/or history of the community concerning these issues and/or progress to date, as well as the size of the population to be served. This material will assist the reviewers in determining the appropriateness and potential benefits of the proposed project.

   ‹bullet› In the discussion of community-based, long-range goals, non-Federally recognized and off-reservation groups are encouraged to include a description of what constitutes their specific ``community.''

   ‹bullet› Applicants must document the community's support for the proposed project and explain the role of the community in the planning process and implementation of the proposed project. For tribes, a current signed resolution from the governing body of the tribe supporting the project proposal stating that there has been community involvement in the planning of this project will suffice as evidence of community support/involvement. For all other eligible applicants, the type of community you serve will determine the type of documentation necessary. For example, a tribal organization may submit resolutions supporting the project proposal from each of its members tribes, as well as a resolution from the applicant organization. Other examples of documentation include: community surveys; minutes of community meetings; questionnaires; tribal presentations; and/or discussion/ position papers.

   ‹bullet› Applications from National Indian and Native American organizations must demonstrate a need for the project, explain how the project was originated, state who the intended beneficiaries will be, and describe how the recipients will actually benefit from the project.

   ‹bullet› An application should describe a clear relationship between the proposed project, the social and economic development strategy, or environmental or language goals, as appropriate, and the community's long-range goals or plan.

   ‹bullet› The project application, including the Objective Work Plans, must clearly identify in measurable terms the expected results, benefits or outcomes of the proposed project, and the positive or continuing impact that the project will have on the community.

   ‹bullet› Supporting documentation, including letters of support, if available, or other testimonies from concerned interests other than the applicant should be included to demonstrate support for the feasibility of the project and the commitment of other resources to the proposed project.

   ‹bullet› In the ANA Project Narrative, Section A of the application package, ``Resources Available to the Proposed Project,'' the applicant should describe any specific financial circumstances which may impact on the project, such as any monetary or land settlements made to the applicant, and any restrictions on the use of those settlements. When the applicant appears to have other resources to support the proposed project and chooses not to use them, the applicant should explain why it is seeking ANA funds and not utilizing these resources for the project.

   ‹bullet› Reviewers of applications for ANA indicate they are better able to evaluate whether the feasibility has been addressed and the practicality of a proposed economic development project, or a new business, if the applicant includes a business plan that clearly describes its feasibility and the approach for the implementation and marketing of the business. (ANA has included sample business plans in the application kit).

   It is strongly recommended that an applicant use these materials as guides in developing a proposal for an economic development project or business that is part of the application.

   ‹bullet› Applications which were not funded under a previous closing date and revised for resubmission should make reference to the changes, or reasons for not making changes, in their current application which are based on ANA panel review comments. 2. Technical Guidance

   ‹bullet› It is strongly suggested that the applicant follow the Supplemental Guide included in the ANA application kit to develop an application. The Guide provides practical information and helpful suggestions, and is an aid to help applicants prepare ANA applications.

   ‹bullet› Applicants are encouraged to have someone other than the author apply the evaluation criteria in the program announcement and score the application prior to its submission, in order to gain a better sense of the application's quality and potential competitiveness in the ANA review process.

   ‹bullet› For purposes of developing an application, applicants should plan for a project start date approximately 120 days after the closing date under which the application is submitted.

   ‹bullet› The Administration for Native Americans will not fund essentially identical projects serving the same constituency.

   ‹bullet› If a project could be supported by other Federal funding sources, the applicant should fully explain its reasons for not pursuing other Federal funds for the project.

   ‹bullet› For purposes of this announcement, ANA is using the Bureau of Indian Affairs' list of Federally recognized Indian tribes which includes nonprofit Alaska Native community entities or tribal governing bodies (IRA or traditional councils). Other Federally recognized Indian tribes which are not included on this list (e.g., those Tribes which have been recently recognized or restored by the United States Congress) are also eligible to apply for ANA funds.

   ‹bullet› The Objective Work Plan proposed should be of sufficient detail to become a monthly staff guide for project responsibilities if the applicant is funded.

   ‹bullet› If a profit-making venture is being proposed, profits must be reinvested in the business in order to decrease or eliminate ANA's future participation. Such revenue must be reported as general program income. A decision will be made at the time of grant award regarding appropriate use of program income. (See 45 CFR Part 74 and Part 92.)

   ‹bullet› Applicants proposing multi-year projects must fully describe each year's project objectives and activities.

   Separate Objective Work Plans (OWPs) must be presented for each project year and a separate itemized budget of the Federal and non- Federal costs of the project for each budget period must be included.

   ‹bullet› Applicants for multi-year projects must justify the entire time-frame of the project (i.e., why the project needs funding for more than one year) and clearly describe the results to be achieved for each objective by the end of each budget period of the total project period.

   ‹bullet› The Administration for Native Americans will critically evaluate applications in which the acquisition of equipment is a major component of the Federal share of the budget. ``Equipment is tangible, non-expendable personal property having a useful life of more than one year and an acquisition cost of $5,000 or more per ``unit.'' During negotiation, such expenditures may be deleted from the budget of an otherwise approved application, if not fully justified by the applicant and deemed not appropriate to the needs of the project by ANA.

   ‹bullet› Applicants are encouraged to request a legibly dated receipt from a

   [[Page 47406]]

   commercial carrier or U.S. Postal Service as proof of timely mailing. 3. Grant Administrative Guidance

   ‹bullet› The application's Form 424 must be signed by the applicant's representative authorized to act with full authority on behalf of the applicant.

   ‹bullet› The Administration for Native Americans recommends that the pages of the application be numbered sequentially and that a table of contents be provided. Simple tabbing of the sections of the application is also helpful to the reviewers.

   ‹bullet› An application with an original signature and two additional copies are required.

   ‹bullet› The Cover Page (included in the Kit) should be the first page of an application, followed by the one-page abstract.

   ‹bullet› The applicant should specify the entire project period length on the first page of the Form 424, Block 13, not the length of the first budget period. Should the application propose one length of project period and the Form 424 specify a conflicting length of project period, ANA will consider the project period specified on the Form 424 as the request. ANA may negotiate a reduction of the project period. The approved project period is shown on block 9 of a Financial Assistance Award.

   ‹bullet› Line 15a of the Form 424 must specify the Federal funds requested for the first Budget Period, not the entire project period.

   ‹bullet› Applicants may propose a 17 month project period. However, the project period for the first year of a multi-year project may only be 12 months. 4. Projects or Activities That Generally Will Not Meet The Purposes of This Announcement

   ‹bullet› Projects that request funds for feasibility studies, business plans, marketing plans or written materials, such as manuals, that are not an essential part of the applicant's long-range development plan. As an objective of a larger project, business plans are allowable. However, ANA is not interested in funding ``wish lists'' of business possibilities. ANA expects written evidence of the solid investment of time and consideration on the part of the applicant with regard to the development of business plans. Business plans should be developed based on market analysis and feasibility studies regarding the potential success to the business prior to the submission of the application.

   ‹bullet› Core administration functions, or other activities, which essentially support only the applicant's on-going administrative functions. However, under Competitive Area 2, ANA will consider funding core administrative capacity building projects at the village government level if the village does not have governing systems in place.

   ‹bullet› Project goals which are not responsive to one or more of the funding competitive areas.

   ‹bullet› Proposals from consortia of tribes that are not specific with regard to support from, and roles of, member tribes. ANA expects an application from a consortium to have goals and objectives that will create positive impacts and outcomes in the communities of its members. Proposals from consortia of tribes should have individual objectives which are related to the larger goal of the proposed project. Project objectives may be tailored to each consortia member, but within the context of a common goal for the consortia. In situations where both a consortia of tribes and the tribes who belong to the consortia receive ANA funding, ANA expects that consortia groups will not seek funding that duplicates activities being conducted by their member tribes.

   ‹bullet› Projects that will not be completed, self-sustaining, or supported by other than ANA funds, at the end of the project period. All projects funded by ANA must be completed, or self-sustaining or supported with other than ANA funds at the end of the project period. ``Completed'' means that the project ANA funded is finished, and the desired result(s) have been attained. ``Self-sustaining'' means that a project will continue without outside resources. ``Supported by other than ANA funds'' means that the project will continue beyond the ANA project period, but will be supported by funds other than ANA's.

   ‹bullet› Once a tribe has been denied federal recognition through the BIA Federal Acknowledgment Process, ANA will not fund objectives relating to the attainment of federal recognition, unless the objectives deal specifically and exclusively with the formal appeal of a denial.

   ‹bullet› ANA will not fund investment capital for purchase or takeover of an existing business, for purchase or acquisition of a franchise, or for purchase of stock or other similar investment instruments.

   ‹bullet› Renovation or alteration unless it is essential for the project. Renovation or alteration costs may not exceed the lesser of $150,000 or 25 percent of the total direct costs approved for the entire budget period.

   ‹bullet› Projects originated and designed by consultants who provide a major role for themselves in the proposed project and are not members of the applicant organization, tribe or village.

8. Paperwork Reduction Act of 1995

   Under the Paperwork Reduction Act of 1995, Pub. L. 104-13, the Department is required to submit to the Office of Management and Budget (OMB) for review and approval any reporting and record keeping requirements in regulations including program announcements. This program announcement does not contain information collection requirements beyond those approved for ANA grant applications under the Program Narrative Statement by OMB.

   1. Receipt of Applications

   Applications must either be hand delivered or mailed to the address in Section E, The Application Process. The Administration for Native Americans cannot accommodate transmission of applications by fax or through other electronic media. Therefore, applications transmitted to ANA electronically will not be accepted regardless of date or time of submission and time of receipt. Videotapes and cassette tapes may not be included as part of a grant application for panel review.

   Applications and related materials postmarked after the closing date will be classified as late. 1. Deadlines

   ‹bullet› Mailed applications shall be considered as meeting an announced deadline if they are either received on or before the deadline date or sent on or before the deadline date and received by ACF in time for the independent review to: U.S. Department of Health and Human Services, Administration for Children and Families, ACYF/ Office of Grants Management, 370 L'Enfant, SW., Mail Stop HHH 326-F, Washington, DC 20447-0002, Attention: Lois B. Hodge ANA No. 93612-991.

   ‹bullet› Applicants are cautioned to request a legibly dated U.S. Postal Service postmark or to obtain a legibly dated receipt from a commercial carrier or the U.S. Postal Service. Private metered postmarks shall not be acceptable as proof of timely mailing.

   ‹bullet› Applications hand carried by applicants, applicant couriers, or by overnight/express mail couriers shall be considered as meeting an announced deadline if they are received on or before the deadline date or postmarked on or before the deadline date, Monday through Friday (excluding Federal holidays), between the hours of 8:00 am and 4:30 pm at: U. S. Department of

   [[Page 47407]]

   Health and Human Services, Administration for Children and Families, ACYF/Office of Grants Management, ACF Mailroom, 2nd Floor Loading Dock, Aerospace Center, 901 D Street, SW., Washington, DC 20024. (Applicants are cautioned that express/overnight mail services do not always deliver as agreed.)

   ‹bullet› ACF cannot accommodate transmission of applications by fax or through other electronic media. Therefore, applications transmitted to ACF electronically will not be accepted regardless of date or time of submission and time of receipt.

   ‹bullet› No additional material will be accepted, or added to an application, unless it is postmarked by the deadline date. 2. Late Applications

   Applications which do not meet the criteria above are considered late applications. ACF shall notify each late applicant that its application will not be considered in the current competition. 3. Extension of Deadlines

   The Administration for Children and Families may extend an application deadline for applicants affected by acts of God such as floods and hurricanes, or when there is a widespread disruption of the mails. A determination to extend or waive deadline requirements rests with the Chief Grants Management Officer.

   (Catalog of Federal Domestic Assistance Program Numbers: 93.612 Native American Programs; and 93.581 Improving the Capability of Indian Tribal Governments to Regulate Environmental Quality.)

   Dated: August 26, 1998. Gary N. Kimble, Commissioner, Administration for Native Americans.

   [FR Doc. 98-23810Filed9-3-98; 8:45 am]

   BILLING CODE 4184-01-P