Native American Programs

CourtChildren And Families Administration
Citation86 FR 69215
Publication Date07 December 2021
Record Number2021-25906
69215
Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
hot stack. If finalized as proposed, the
State of Louisiana would be required
under CAA section 179(d) to submit
revisions to the SIP for the St. Bernard
area. The required SIP revision for the
area must, among other elements,
demonstrate expeditious attainment of
the SO
2
standard within the time period
prescribed by CAA section 179(d) and
such additional measures as the
Administrator may reasonably prescribe
that can be feasibly implemented in the
area in light of technological
achievability, costs, and any non-air
quality and other air quality-related
health and environmental impacts. If
finalized as proposed, the SIP revisions
required under CAA section 179(d)
would be due for submittal to the EPA
no later than one year after the
publication date of the final action.
IV. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at http://www2.epa.gov/laws-
regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory
Planning and Review, and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and therefore was not
submitted to the Office of Management
and Budget (OMB) for review.
B. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
provisions of the PRA because it does
not contain any information collection
activities.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
under the RFA. This action will not
impose any requirements on small
entities. This proposed action, if
finalized, would require the state to
adopt and submit SIP revisions to
satisfy CAA requirements and would
not itself directly regulate any small
entities.
D. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate of $100 million or
more, as described in UMRA (2 U.S.C.
1531–1538) and does not significantly
or uniquely affect small governments.
This action itself imposes no
enforceable duty on any state, local, or
tribal governments, or the private sector.
This action proposes to determine that
the St. Bernard Parish SO
2
nonattainment area failed to attain the
SO
2
NAAQS by the applicable
attainment dates. If finalized, this
determination would trigger existing
statutory timeframes for the State to
submit SIP revisions. Such a
determination in and of itself does not
impose any federal intergovernmental
mandate.
E. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
F. Executive Order 13175, Consultation
and Coordination With Indian Tribal
Governments
This action does not have tribal
implications as specified in Executive
Order 13175. The proposed finding of
failure to attain the SO
2
NAAQS does
not apply to tribal areas, and the
proposed rule would not impose a
burden on Indian reservation lands or
other areas where the EPA or an Indian
tribe has demonstrated that a tribe has
jurisdiction within the St. Bernard
Parish SO
2
nonattainment area. Thus,
this proposed rule does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175.
G. Executive Order 13045, Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This proposed action
is not subject to Executive Order 13045
because the effect of this proposed
action, if finalized, would be to trigger
additional planning requirements under
the CAA. This proposed action does not
establish an environmental standard
intended to mitigate health or safety
risks.
H. Executive Order 13211, Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This proposed rule is not subject to
Executive Order 13211, because it is not
a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action does
not have disproportionately high and
adverse human health or environmental
effects on minority populations, low-
income populations and/or indigenous
peoples, as specified in Executive Order
12898 (59 FR 7629, February 16, 1994).
The effect of this proposed action, if
finalized, would be to trigger additional
planning requirements under the CAA.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Pollution, Reporting and recordkeeping
requirements, Sulfur dioxide.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 1, 2021.
David Gray,
Acting Regional Administrator, Region 6.
[FR Doc. 2021–26433 Filed 12–6–21; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1336
RIN 0970–AC88
Native American Programs
AGENCY
: Administration for Native
Americans (ANA), Administration for
Children and Families (ACF), U.S.
Department of Health and Human
Services (HHS).
ACTION
: Notice of proposed rulemaking.
SUMMARY
: This notice of proposed
rulemaking (NPRM) proposes changes to
ANA regulations to allow grant
recipients to apply for an emergency
waiver of part or all of their proposed
non-Federal share (NFS) due to
emergency circumstances.
DATES
: In order to be considered,
written comments on this proposed rule
must be received on or before February
7, 2022.
ADDRESSES
: You may submit comments,
identified by docket number ACF–
2021–004 and/or RIN number, by the
following method:
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1
Native American Programs Act, 42 U.S.C. 2991b
Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions below for submitting
comments.
Instructions: All submissions
received must include the agency name
and docket number or RIN for this
rulemaking. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT
:
Carmelia Strickland, Administration for
Native Americans, 202–401–6741. Deaf
and hearing-impaired individuals may
call the Federal Dual Party Relay
Service at 1–800–877–8339 between 8
a.m. and 7 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Background
II. Statutory Authority
III. Section by Section Discussion of the
Proposed Rule
IV. Regulatory Process Matters
Paperwork Reduction Act of 1995
Regulatory Flexibility Act
Treasury and General Government
Appropriations Act of 1999
Unfunded Mandates Reform Act of 1995
Federalism Assessment Executive Order
13132
Congressional Review
Executive Orders 12866 and 13563—
Regulatory Impact Analysis
I. Background
Native American Programs Act of 1974
The Native American Programs Act of
1974 (NAPA), Public Law 93–644, was
first enacted on January 4, 1975. The
last time substantial amendments to the
NAPA regulations were made was 1996.
Section 802 of the NAPA establishes as
its broad statutory purpose the
promotion of ‘‘the goal of economic and
social self-sufficiency for American
Indians, Native Hawaiians, other Native
American Pacific Islanders (including
American Samoan Natives), and Alaska
Natives.’’ ANA executes this purpose
through the provision of project-based
financial assistance to Native Americans
authorized under sections 803 and 803C
of the NAPA, as well as through
advocacy on behalf of Native Americans
within HHS and with other departments
and agencies of the Federal Government
‘‘regarding all Federal policies affecting
Native Americans,’’ under section 803B
(c) of the NAPA.
Goal of This NPRM: Incorporation of
Emergency Waiver Provision
Current regulations (45 CFR 1336.50)
state that grant recipients can only
apply for a waiver for NFS at the time
of application or while applying for a
non-competitive continuation award.
The on-going public health emergency
has greatly impacted our recipients. The
pandemic has greatly increased the risk
of language and cultural decline among
Native communities with many Elders
dying from the COVID–19 virus. As
tribes began closing their revenue
generating businesses and other
governmental operations due to the
COVID–19 pandemic, they lost income
they needed to fund Federal projects
requiring a NFS. In addition, planned
sources of income, such as use of tribal-
owned facilities from which to operate
the project, as part of the NFS also
diminished. NAPA requires a 20 percent
cost-share and match requirement.
ANA’s current cost-share waiver does
not allow for a process to address a
recipient’s inability to meet the cost-
share due to an emergency in the
middle of a budget period. The
proposed revisions to the regulations
(45 CFR 1336.50(b)(2)(ii)) add a
provision allowing grant recipients to
apply for an emergency waiver within
the current budget period in order to
remedy this burden.
II. Statutory Authority
Pursuant to 42 U.S.C. 2991b of the
NAPA, ANA is authorized to allow
applicants the ability to submit a
request for a waiver of the required 20
percent non-Federal cost match, subject
to ANA regulations.
1
III. Section by Section Discussion of the
Proposed Rule
This NPRM proposes changes to 45
CFR part 1336, subpart E, Financial
Assistance Provisions, in § 1336.50.
These changes will have no regulatory
burden impact but will provide a waiver
provision and ensure programmatic
success of American Indian, Native
Hawaiian, other Native American
Pacific Islander (including American
Samoan Natives), and Alaska Native–
based recipients.
Section 1336.50 Financial and
Administrative Requirements
This section includes the conditions
that must be met in order to submit a
20 percent, non-Federal, cost-sharing or
match requirement. The proposed rule
would amend the existing language and
application requirements under
§ 1336.50(b)(2). Specifically, we propose
in § 1336.50(b)(2)(i) that if an applicant
anticipates that they will be unable to
meet the cost-sharing or matching
requirement and wishes to request a
waiver of the requirement, they must
include with the application for
funding, the submission of a revised SF
424A, a written justification that clearly
explains why the applicant cannot
provide the matching share including
the amount of non-Federal share to be
waived, and how it meets the criteria
indicated in the revised
§ 1336.50(b)(3)(ii). The request for a
waiver must be submitted at the time of
the initial application or Non-
Competing Continuation (NCC)
application.
Further, the proposed rule adds a
provision for an emergency waiver in
§ 1336.50(b)(2)(ii) to include the ability
to request a waiver during the budget
period. If a recipient is unable to
contribute part or all of the required
non-Federal matching share during a
budget period due to an emergency
situation such as a natural disaster,
man-made disaster, act of terrorism,
public health emergency, or other
qualifying event, the recipient may
request a waiver of all or part of the
requirement for a 20 percent non-
Federal matching share specified under
§ 1336.50(b)(1).
Finally, this proposed rule amends
the language in § 1336.50(b)(3)(ii). We
propose that an applicant should
provide evidence of the emergency
situation and document that reasonable
efforts to obtain cash or in-kind
contributions for the purposes of the
project from third parties have been
unsuccessful, including evidence and
the results of such attempts. Evidence of
such efforts can include letters from
possible sources of funding or any
relevant correspondence, indicating that
the requested resources are not available
for that project. The requests must be
appropriate to the source in terms of
project purpose, applicant eligibility,
and reasonableness of the request.
IV. Regulatory Process Matters
Paperwork Reduction Act of 1995
Section 1336.50(b) does not contain
new information collection
requirements. This action does not
include any information collection
requirements, only an additional
circumstance that would allow for the
submission of the information already
outlined in the regulation.
Regulatory Flexibility Act
The Secretary certifies, under 5 U.S.C.
605(b), and enacted by the Regulatory
Flexibility Act (Pub. L. 96, 354), that
this proposed rule will not result in a
significant impact on a substantial
number of small entities.
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Treasury and General Government
Appropriations Act of 1999
Section 654 of the Treasury and
General Government Appropriations
Act of 1999 requires Federal agencies to
determine whether a proposed policy or
regulation may affect family well-being.
If the agency’s determination is
affirmative, then the agency must
prepare an impact assessment
addressing criteria specified in the law.
This regulation will not have an impact
on family well-being as defined in this
legislation, which asks agencies to
assess policies with respect to whether
the policy strengthens or erodes family
stability and the authority and rights of
parents in the education, nurturing, and
supervision of their children; helps the
family perform its functions; and
increases or decreases disposable
income.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded
Mandates Reform Act of 1995 requires
that a covered agency prepare a
budgetary impact statement before
promulgating a rule that includes any
Federal mandate that may result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $141 million or more
in any one year. The Department has
determined that this proposed rule
would not impose a mandate that will
result in the expenditure by state, local,
and tribal governments, in the aggregate,
or by the private sector, of more than
$100 million in any one year.
Federalism Assessment Executive Order
13132
Executive Order 13132 on federalism
applies to policies that have federalism
implications, defined as ‘‘regulations,
legislative comments or proposed
legislation, and other policy statements
or actions that have substantial direct
effects on the states, or on the
distributions of power and
responsibilities among the various
levels of government.’’ This rulemaking
does not have federalism implications
for state or local governments as defined
in the Executive order.
Congressional Review
This regulation is not a major rule as
defined in 5 U.S.C. 8.
Executive Orders 12866 and 13563—
Regulatory Impact Analysis
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if the regulation is
necessary, to select the regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health, and safety
effects; distributive impacts; and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. While there
are some costs associated with these
regulations, they are not economically
significant as defined under Executive
Order 12866. However, the regulation is
significant and has been reviewed by
Office of Management and Budget.
The proposed regulation change
would benefit recipients that have been
financially impacted by an emergency
event and are unable to meet their
matching cost requirement, as required
by the grant award. It would reduce the
financial burden to recipients that need
a waiver to provide the 20 percent cost
share. Also, there is no cost to the
agency other than the administrative
time that it would take to review and
approve the waiver request.
List of Subjects in 45 CFR Part 1336
Disaster assistance, Emergency
preparedness, Public health.
JooYeun Chang,
Acting Assistant Secretary for Children and
Families.
Approved:
Xavier Becerra,
Secretary.
For reasons stated in the preamble, we
propose to amend 45 CFR part 1336 as
follows:
PART 1336—NATIVE AMERICAN
PROGRAMS
1. The authority citation for part 1336
continues to read as follows:
Authority: 42 U.S.C. 2991 et seq.
2. Amend § 1336.50 by revising
paragraphs (b)(2) and (b)(3)(ii) to read as
follows:
§ 1336.50 Financial and administrative
requirements.
* * * * *
(b) * * *
(2) Application. If an applicant wishes
to request a waiver of the requirement
for a 20 percent non-Federal matching
share, the follow conditions must be
met:
(i) If an applicant anticipates that it
will be temporarily unable to meet the
cost-sharing or matching requirement,
the applicant may request a waiver of
the 20 percent non-Federal matching
share. It must include with its
application for funding, the submission
of a revised SF 424A, a written
justification that clearly explains why
the applicant cannot provide the
matching share including the amount of
non-Federal share to be waived, and
how it meets the criteria indicated in
paragraph (b)(3) of this section. A
request for a waiver must be submitted
at the time of the initial application or
non-competing continuation (NCC)
application.
(ii) If a recipient is unable to
contribute part or all of the required
non-Federal matching share during a
budget period due to an emergency
situation such as a natural disaster,
man-made disaster, act of terrorism,
public health emergency, or other
qualifying event, the recipient may
request a waiver of all or part of the
requirement for a 20 percent non-
Federal matching share specified under
paragraph (b)(1) of this section. Any
requests for an emergency waiver may
be submitted at any time during a
budget period as soon as the adverse
effect is known to the recipient and
must be submitted in accordance with
the requirements specified in paragraph
(b)(3) of this section.
(3) * * *
(ii) Applicant should document the
reasonable efforts to obtain cash or in-
kind contributions for the purposes of
the project from third parties have been
unsuccessful, including evidence and
the results of such attempts. Evidence of
such efforts can include letters from
possible sources of funding or any
relevant correspondence, indicating that
the requested resources are not available
for that project. The requests must be
appropriate to the source in terms of
project purpose, applicant eligibility,
and reasonableness of the request.
* * * * *
[FR Doc. 2021–25906 Filed 12–6–21; 8:45 am]
BILLING CODE 4184–34–P
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