[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-7059] [[Page Unknown]] [Federal Register: March 25, 1994] _______________________________________________________________________ Part V Department of the Interior _______________________________________________________________________ Bureau of Indian Affairs _______________________________________________________________________ Fiscal Year 1994 Indian Child Welfare Act Grant Program; Notice DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs Fiscal Year (FY) 1994 Indian Child Welfare Act (ICWA) Grant Program, Availability of Title II ICWA Funds for Federally Recognized Indian Tribes AGENCY: Bureau of Indian Affairs. ACTION: Notice of Availability of Grant Funds. ----------------------------------------------------------------------- SUMMARY: Title II of the Indian Child Welfare Act (ICWA) (25 U.S.C. 1931) makes grant funds available to federally recognized Indian tribes from the Bureau of Indian Affairs (BIA), Department of the Interior, for the purpose of improving child welfare services to Indian children and families. DATES: The closing date for receipt of applications for this program is May 30, 1994, for all tribal government applicants. ADDRESSES: Applications must be delivered or sent to the appropriate Bureau of Indian Affairs' area or agency office in whose service area jurisdiction the tribe is located. The names and addresses of the BIA's twelve Area Offices are listed in Part IV of this announcement. FOR FURTHER INFORMATION CONTACT: The Bureau of Indian Affairs' area or agency office nearest to the applicant, or Betty Tippeconnie, BIA Division of Social Services, Mail Stop 310-SIB, 1849 C Street, NW., Washington, DC 20240. Telephone 202/208-2721. SUPPLEMENTARY INFORMATION: Title II of the Indian Child Welfare Act, Public Law 95-608, authorizes the utilization of funds for grants to Indian tribes. This notice is published in exercise of authority delegated by the Secretary of the Interior to the Assistant Secretary-- Indian Affairs by 209 DM 8. The BIA published in the January 13, 1994, Federal Register, Vol. 59. No. 9, regulations revising 25 CFR part 23, the rules that govern the Title II ICWA grant program, and convert the previous competitive ICWA grant award process to a noncompetitive award system for eligible federally recognized Indian tribes. The Assistant Secretary--Indian Affairs hereby announces procedures necessary for eligible Indian tribes to apply for the FY 1994 Title II ICWA grant funds which shall be awarded noncompetitively under the revised 25 CFR part 23. The revised rules became effective on February 14, 1994. Copies of the revised 25 CFR part 23 ICWA grant regulations may be obtained from the Area Social Workers listed in Part IV of this announcement. Comprehensive, three-year developmental tribal government applications for ICWA grant programs will be accepted for the amount of funds for which the tribe is eligible. Applications received under this announcement must comply with all applicable requirements and criteria specified in the revised 25 CFR part 23. It is imperative that applicants carefully review all requirements detailed in this announcement relative to application contents, deadlines, contract support funds, and other special instructions. It is incumbent upon the respective Area Director or Agency Superintendent to provide the necessary technical assistance within the 60-day timeframe specified in 25 CFR 23.21(b)(1) to ensure that all eligible tribes within the area's or agency's administrative jurisdiction access the amount of ICWA funds for which each is eligible. Should a tribe not apply to administer an ICWA program or should their ICWA application be disapproved, the ICWA funds available to the tribe may be reprogrammed to other Tribal Priority Allocation (TPA) program(s) with the approval of the affected tribe. A total of $22,905,000 in FY 1994 ICWA funds will be available to Indian tribes nationwide for grants under Title II of the Indian Child Welfare Act. Part I--General Information A. Background Section 201 of the Indian Child Welfare Act of 1978 (Public Law 95- 608, 25 U.S.C. 1931) authorizes the Secretary to make grants to Indian tribes to establish and operate on-reservation Indian child and family service programs for the purpose of stabilizing and preventing the breakup of Indian families and, in particular, to ensure that the permanent removal of an Indian child from the custody of his/her Indian parent or custodian shall be an action of last resort; and to prepare and implement child welfare codes (25 U.S.C. 1902; 25 U.S.C. 1931). It is the policy of the BIA to emphasize and facilitate the comprehensive design, development and implementation of Indian child and family service programs in coordination with other Federal, state, local, and tribal programs which strengthen and preserve Indian families and Indian tribes. Thus, tribes operating BIA contracted social services programs or related programs under the auspices of a tribal-state agreement are encouraged to design their ICWA programs/ activities to integrate with or complement existing child and family service programs. This announcement provides information on the FY 1994 ICWA grant application process for eligible Indian tribes, and initiates the noncompetitive distribution of ICWA grant funds to tribes. To access FY 1994 ICWA grant funds, all tribes, including those who have negotiated self-governance compact agreements, must submit a three-year (FY 1994- FY 1996) application and program plan. Once a tribe's application and program plan are approved by the respective Area Director or Agency Superintendent in accordance with 25 CFR 23.43, continued annual funding of the tribe's ICWA program for FY 1995 and FY 1996 will be contingent upon annual appropriations, receipt of a satisfactory program evaluation from the area's social services office for the previous year of operation, and submission of an annual budget and budget narrative justification statement in accordance with 25 CFR 23.23(b)(7). At the beginning of FY 1995 and thereafter, the distribution of ICWA grant funds to tribal governments will coincide with the Federal Government's fiscal year cycle. Thus, eligible Indian tribes will continuously access their recurring ICWA funds in the tribal priority allocation (TPA) part of the tribe's budget system. B. Eligible Applicants The governing body of any federally recognized Indian tribe or tribes may apply individually or as a consortium for a grant under this announcement. A consortium is created by an agreement or association between two or more eligible applicants. Under a consortium application, each eligible consortium applicant (tribe) must identify the amount of ICWA funds for which it is eligible. An applicant may not submit more than one application nor be the beneficiary of more than one grant under this grant announcement. C. Purpose of Tribal Government Indian Child Welfare Act Grant Programs The objective of every Indian child and family services program shall be to: Ensure that measures intended to prevent the breakup of Indian families are followed in child custody proceedings; ensure that the permanent removal of an Indian child from the custody of his/her Indian parent or Indian custodian shall be a last resort; comply with the ICWA out-of-home placement preferences when such placements are deemed necessary; and implement procedures and practices which reflect the unique values of Indian culture, and which promote the stability and security of Indian children, Indian families and Indian communities. Tribal ICWA programs funded pursuant to 25 U.S.C. 1931 are for the specific purposes delineated in the statute and may include the programs and activities listed at revised 25 CFR 23.22. These purposes are further defined in Public Law 95-608 (Section 201, 25 U.S.C. 1931). During FY 1994, first-time tribal government ICWA program applicants may expend a portion of their ICWA funds to plan, design, or develop a comprehensive, developmental tribal ICWA program. Part II--Available Funds In FY 1994, eligible federally recognized Indian tribes will apply for $22,905,000 in ICWA grant funds nationwide. However, no FY 1994 contract support funds are available for tribal government ICWA grant programs. Tribes must satisfy and comply with the application requirements specified at revised 25 CFR part 23 in order to access their share of ICWA funds. The ICWA grant funds will be awarded noncompetitively to eligible Indian tribes or consortiums of tribes with approved three-year (FY 1994-FY 1996) grant applications, and will be distributed through the tribe's/agency's tribal priority allocation budget process. Under a consortium application, each eligible consortium applicant (tribe) must identify the amount of ICWA funds for which it is eligible in its own right. No additional funds will be awarded to consortium grants other than the combined total of the funding amounts for which each eligible consortium applicant (i.e., individual tribe) may apply. However, under no circumstances may any tribe or consortium of tribes or subgrantee receive ICWA grant funds greater than the maximum grant amount of $750,000, either through a direct grant or through subgranting arrangements with approved applicants. The $750,000 ``cap'' has been established to ensure that funds are available to maintain grants at adequate funding levels for all eligible tribes. In addition to the 374 tribes awarded FY 1992/FY 1993 ICWA grants, a total of 160 more tribes will be eligible to receive grants under the noncompetitive tribal ICWA grant system being initiated in FY 1994. Due to the overall number of eligible tribes, and in order to maintain the minimum grant amounts at an acceptable level, the ``bonus'' incentive available to consortiums in FY 1992/FY 1993 is being discontinued. By letter of December 24, 1991, the Assistant Secretary--Indian Affairs notified all tribes that, in the absence of regulations authorizing a conversion to a noncompetitive ICWA process, FY 1992 was a transitional year, and that the funding mechanisms implemented in FY 1992 might be changed when revised regulations became effective. Title II of the Indian Child Welfare Act, at Section 201(b), clearly encourages tribes to seek funds from other sources to enhance the quality and scope of ICWA child and family services programs. Accordingly, Indian tribes are encouraged to maximize the effectiveness of ICWA funds by designing grant activities that integrate with or complement other Federal, state, local or tribal child and family service programs that may be available to serve their communities. ICWA grant funds may also be used as non-Federal matching shares under Social Security Act or any other Federal financial assistance programs which contribute to the purpose for which funds are authorized to be appropriated for use under the Indian Child Welfare Act. No ICWA grant funds will be withheld at the Central Office for appeals related to a tribe's funding level; therefore, approved applications will be funded strictly on the availability of funds and in accordance with the funding amounts published in this grant announcement. The respective Area Director has final funding authority. In the consultation meetings BIA held with Indian tribes on the matter of how available funds for ICWA grants should be allocated, it was determined that the allocation of funds should be made on the basis of each eligible tribe's service area population. In the table printed below, ICWA funding amounts are given for a series of service area population ranges. The individual tribal allocations of FY 1994 ICWA funds are based on estimated service area population figures that recently have been certified by each Area Director as being the most accurate population data available for tribes within his/her area's jurisdiction. Tribes may contact their area social worker to learn the amount of ICWA funds for which they are eligible to apply. FY 1994 Title II ICWA Funding Distribution Plan for Tribes ------------------------------------------------------------------------ Maximum Service area population grant amount ------------------------------------------------------------------------ 1-500...................................................... $29,446 501-1,500.................................................. 45,000 1501-3,000................................................. 55,000 3,001-5,000................................................ 65,000 5,001-8,000................................................ 75,000 8,001-20,000............................................... 90,000 20,001-40,000.............................................. 130,000 40,001-60,000.............................................. 150,000 60,001-90,000.............................................. 250,000 90,001-14,000.............................................. 350,000 140,001-180,000............................................ 500,000 180,001-And over........................................... 750,000 ------------------------------------------------------------------------ Part III--Mandatory Tribal Government Application Contents A. Statutory Authority The BIA's Indian Child Welfare Act grants program is authorized by Title II of Public Law 95-608, the Indian Child Welfare Act (25 U.S.C. 1901 et seq., 25 CFR part 23). All grant applications submitted under this announcement shall comply with the tribal government application contents and requirements specified at 25 CFR 23.23. A consortium of two or more eligible Indian tribes may apply for a grant as a consortium, in which each component tribe will contribute the amount of funds for which it is eligible in its own right. Consortium applicants must identify the lead tribe that will be responsible for submitting the required grantee reports and for the general purposes of fulfilling and adhering to other grant administration requirements. All grantees, including all consortia of two or more Indian tribes, must comply with all general and uniform grant administration requirements addressed in 25 CFR part 23 and 25 CFR part 276. B. Closing Date for Receipt of Applications for All Applicants The closing date for receipt of applications under this program announcement is the close of business on May 30, 1994, for all applicants. All applications for Indian Child Welfare Act grants must be received by the appropriate BIA Area Director or Agency Superintendent, as specified in 25 CFR 23.21, at or before 5 p.m. or the official close of business for that office on the closing date of the application period. Hand-delivered applications will be accepted during normal work hours Monday through Friday. The names and addresses of all BIA area offices are listed in Part IV of this announcement. It is reiterated that Area Directors and Agency Superintendents are responsible for providing the necessary technical assistance to ensure that all tribes under the area or agency's administrative jurisdiction access the ICWA funds for which they are eligible. C. Grant Review and Award Process The appropriate Agency Superintendent or Area Director shall review and take the appropriate course of action on tribal government ICWA applications received in response to this announcement in accordance with the established requirements and timeframes in 25 CFR 23.21; 23.22; and 23.23 respectively. Grants shall be awarded and executed in accordance with 25 CFR 23.43 as expeditiously as possible. Grantees must comply with all applicable Federal financial and program performance reporting requirements and the general and uniform grant administration requirements specified in 25 CFR parts 23 and 276. Failure to meet and comply with regulatory requirements may result in suspension, cancellation and/or termination of program funds. D. Appeals Appeals filed under revised 25 CFR 23.61 and 23.63 shall be filed in accordance with appeal procedures as set out in 25 CFR part 2. As previously stated herein, no tribal ICWA funds will be withheld at the Central Office for purposes of funding appeals. A Notice of Appeal must be filed within 30 days of the appellant's receipt of the decision being appealed. The notice must be filed in the office of the official whose decision is being appealed. The date of filing is the date the notice of appeal is postmarked or the date it is personally delivered to the official's immediate office (25 CFR 2.9(a), 2.13(a)). The burden of proof of timely filing is on the appellant. No extension of time will be granted for filing a notice of appeal (25 CFR 2.9(a) and 2.16). Within 30 days of the filing of the notice of appeal, a statement of reasons must be filed in the office of the official whose decision is being appealed. The statement of reasons may, however, be included in or filed with the notice of appeal (25 CFR 2.10). Appeals will be handled in accordance with provisions set forth at 25 CFR 2.20. Part IV--BIA Area Offices--Area Social Workers All application materials must be submitted in person or mailed to the appropriate Bureau of Indian Affairs' Agency Superintendent or Area Director. The following is a listing of the twelve BIA Area Social Workers designated by the Area Directors to receive tribal government ICWA grant applications: Aberdeen Area Office: Peggy Davis; 115 4th Avenue, SE.; Aberdeen, South Dakota 57401; 605/226-7351. Albuquerque Area Office: Joseph Naranjo; 615 1st Street; P.O. Box 26567; Albuquerque, New Mexico 87125-6567; 505/766-3321. Anadarko Area Office: Retha Murdock; 1\1/2\ mile North Highway 281; WCD Office Complex; P.O. Box 368; Anadarko, Oklahoma 73005; 405/247-6673 x257. Billings Area Office: Louise Zokan-Delos Reyes; 316 North 26th Street; Billings, Montana 59101; 406/657-6651. Eastern Area Office: Evelyn S. Roanhorse; 3701 N. Fairfax Drive; Suite 260; Arlington, Virginia 22201; 703/235-2353. Juneau Area Office: Jimmie Clemmons; 9109 Menden Hall Mall Road; P.O. Box 25520; Juneau, Alaska 99802-5520; 907/586-7628. Minneapolis Area Office: Rosalie Clark; 331 South Second Avenue; Minneapolis, Minnesota 55401; 612/373-1182. Muskogee Area Office: Alice A. Allen; Federal Courthouse Building; 101 North 5th Street; Muskogee, Oklahoma 74401-6206; 918/687-2507. Navajo Area Office: Vivian Hailstorm; 300 West Hill Avenue; P.O. Box 1060; MC-440, Gallup, New Mexico 87301; 602/871-5151. Phoenix Area Office: Stephen J. Lacy; 1 North First Street; P.O. Box 10; Phoenix, Arizona 85001; 602/379-6785. Portland Area Office: Robert C. Carr; 911 N.E. 11th Avenue; Portland, Oregon 97232-4169; 503/231-6783. Sacramento Area Office: Kevin Sanders; Federal Office Building; 2800 Cottage Way; Sacramento, California 95825; 916/978-4705. Dated: March 18, 1994. Ada E. Deer, Assistant Secretary--Indian Affairs. [FR Doc. 94-7059 Filed 3-24-94; 8:45 am] BILLING CODE 4310-02-P