[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11674]


[[Page Unknown]]

[Federal Register: May 16, 1994]


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Part IV





Department of the Interior





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Bureau of Indian Affairs



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Fiscal Year 1994 Indian Child Welfare Act Grant Program (ICWA), 
Availability of Title II ICWA Funds for Off-Reservation Indian 
Organizations; 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 Off-Reservation Indian 
Organizations

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of Availability of Grant Funds.

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SUMMARY: The Indian Child Welfare Act makes grant funds available to 
off-reservation Indian organizations from the Bureau of Indian Affairs 
(BIA), Department of the Interior, for the purpose of establishing and 
operating off-reservation Indian child and family service programs.

DATES: The closing date for the receipt of applications for all 
applicants is June 30, 1994.

ADDRESSES: Applications must be mailed or hand-delivered to the 
appropriate Area Office of the Bureau of Indian Affairs listed in Part 
IV of this announcement.

FOR FURTHER INFORMATION CONTACT: The Bureau of Indian Affairs' area 
office nearest to the applicant, or Albanita Atencio, 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 
Off-reservation Indian organizations. 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. 
Pursuant to 25 CFR Part 23, the Assistant Secretary--Indian Affairs 
hereby announces procedures necessary for eligible off-reservation 
Indian organizations to apply for the FY 1994 Title II ICWA grant funds 
which shall be awarded competitively 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 notice.
    A two-year developmental plan for an ICWA grant program will be 
accepted under this notice. Applications received under this notice 
must comply with all applicable requirements and criteria specified in 
the revised 25 CFR Part 23. It is important that applicants carefully 
review all requirements detailed in this notice relative to application 
contents, deadlines, and other special instructions. If an application 
is not received by the close of business on June 30, 1994, it will not 
be considered.
    It is incumbent upon the respective Area Director to provide the 
necessary technical assistance requested in accordance with 25 CFR Part 
23.42. The timeframe for receipt of requests from the off-reservation 
applicants for technical assistance is 10 days prior to the close of 
the application deadline.
    A national total of $1,735,000 in FY 1994 ICWA funds will be 
awarded competitively to off-reservation Indian organizations 
nationwide for grants under Title II of the Indian Child Welfare Act.

Part I. General Information

A. Background

    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, 
and local programs which strengthen and preserve Indian families and 
Indian tribes. Thus, applicants are encouraged to design their ICWA 
programs/activities that integrate with or complement existing child 
and family service programs or those administered by the applicant.
    Section 202 of the Indian Child Welfare Act of 1978 (Public Law 95-
608, 25 U.S.C. 1932) authorizes the Secretary to make grants to off-
reservation Indian organizations to establish and operate off-
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. These programs are intended to promote the 
Indian Child Welfare Act of 1978 (25 U.S.C. 1902; 25 U.S.C. 1932).
    This notice provides information on the FY 1994 ICWA grant 
application process for eligible off-reservation Indian organizations 
to compete for FY 1994 ICWA grant funds.

B. Eligible Applicants

    The Board of directors of any nonprofit off-reservation Indian 
organization may apply for a grant under this announcement. A new 
application for projects of two years duration may be submitted in 
response to this announcement. An applicant may not submit more than 
one application nor be a beneficiary of more than one grant under this 
or other prior notices.

C. Purpose of Off-Reservation Grants

    The purpose of every Indian child and family services program shall 
be to prevent the breakup of Indian families, and ensure that the 
permanent removal of an Indian child from the custody of his/her Indian 
parent or custodian shall be a last resort. Off-reservation Child and 
family service programs may include, but are not limited to:
    (a) A system for regulating, maintaining, and supporting Indian 
foster and adoptive homes, including a subsidy program under which 
Indian adoptive children may be provided support comparable to that for 
which they would be eligible as Indian foster children, taking into 
account the appropriate state standards of support maintenance and 
medical needs;
    (b) The operation and maintenance of facilities and services for 
the counseling and treatment of Indian families and Indian foster and 
adoptive children with the goal of strengthening and stabilizing Indian 
families;
    (c) Family assistance (including homemaker services and home 
counselors), protective day care and after school care, employment 
support services, recreational activities, and respite care with the 
goal of strengthening Indian families and contributing toward family 
stability; and
    (d) Guidance, legal representation and advice to Indian families 
involved in state child custody proceedings.

Part II

A. Available Funds

    In FY 1994, off-reservation Indian organizations will compete for a 
national allocation of $1,735,000. Grants will be awarded competitively 
to approved off-reservation Indian organizations on the basis of 
service area population within the following categories:
    (a) A maximum of up to $27,500 for eligible applicants with a total 
service area population of 500 or less;
    (b) A maximum of up to $35,000 for eligible applicants with a total 
service area population greater than 500 but less than 1,500;
    (c) A maximum of up to $45,000 for eligible applicants with a total 
service area population greater than 1,500 but less than 3,000;
    (d) A maximum of up to $55,000 for eligible applicants with a total 
service area population greater than 3,000 but less than 5,000;
    (e) A maximum of up to $65,000 for eligible applicants with a total 
service area population greater than 5,000 but less than 8,000;
    (f) A maximum of up to $80,000 for eligible applicants with a total 
service area population greater than 8,000 but less than 20,000;
    (g) A maximum of up to $110,000 for eligible applicants with a 
total service area population greater than 20,000 but less than 40,000;
    (h) A maximum of up to $140,000 for eligible applicants with a 
total service area population greater than 40,000 but less than 60,000;
    (i) A maximum of up to $175,000 for eligible applicants with a 
total service area population greater than 60,000 but less than 90,000;
    (j) A maximum of up to $250,000 for eligible applicants with a 
total service area population greater than 90,000 but less than 
140,000;
    (k) A maximum of up to $350,000 for eligible applicants with a 
total service area population greater than 140,000 but less than 
180,000; and
    (l) A maximum of up to $500,000 for eligible applicants with a 
total service area population over 180,000.
    Under no circumstances may any off-reservation Indian organization 
receive Indian Child Welfare Act grant funds greater than the maximum 
grant amount of $500,000 either through a direct grant or through 
subgranting procedures with approved applicants.
    No ICWA grant funds will be withheld at the Central Office for 
appeals related to off-reservation funding levels; therefore, approved 
applications will be funded strictly on the basis of funds available to 
each area office and in accordance with the funding amounts published 
in this grant notice. The respective Area Director has final funding 
authority.

B. Service Eligibility

    The service area population is the total number of Indians eligible 
for services under 25 CFR 23.50(b) in the geographical area to which an 
off-reservation Indian organization can realistically provide the 
services proposed in the application. The service area population is 
used only to determine the maximum grant amount for which an applicant 
may be eligible.
    For purposes of eligibility for services provided under 25 U.S.C. 
1932 and 1933 of the Act, any person meeting the definition of Indian, 
Indian child, Indian custodian, or Indian parent of any unmarried 
person under the age of 18 as defined in 25 CFR Section 23.2, or the 
definition of Indian as defined in 25 U.S.C. 1603(c), shall be eligible 
for ICWA services.
    These service area population figures must be based upon 
substantiated, identifiable statistical sources. Applicants must submit 
copies of recent statistical data from sources which support their 
service area figures, such as off-reservation population information, 
U.S. Census data, or off-reservation service area population data 
maintained by the Indian Health Service for urban Indian populations.

Part III. Application Selection Criteria

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 notice shall be scored individually and recommended for grant 
awards in accordance with the mandatory application requirements and 
the application selection criteria specified in 25 CFR part 23.33.

B. Closing Date for Receipt of Applications for All Applications

    The closing date for receipt of applications under this grant 
notice is the close of business on June 30, 1994, for all applicants. 
All applications for off-reservation Indian Child Welfare Act grants 
must be received by the appropriate BIA Area Director, as specified in 
25 CFR 23.31(c) on or before 5:00 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. Postmarks will not be considered as meeting the 
deadline. Applicants which do not meet the deadline criteria will be 
considered late applications, and will not be considered in the 
competition. The names and addresses of all BIA area offices are listed 
in Part IV of this notice.

C. Mandatory Application Requirements for All Applicants

    Pursuant to 25 CFR 23.33(a), an application for a two-year 
competitive grant under this subpart shall be submitted to the 
appropriate Area Director as specified in 25 CFR 23.33(c). Mandatory 
application requirements for Indian organization applicants shall 
include:
    (1) An official request for an ICWA grant program from the 
organization's board of directors covering the duration of the proposed 
program;
    (2) A completed Application for Federal Assistance form, SF 424;
    (3) Written assurances that the organization meets the definition 
of Indian organization at 25 CFR Section 23.2;
    (4) A copy of the organization's current Articles of Incorporation 
for the applicable grants years;
    (5) Proof of the organization's nonprofit status;
    (6) A copy of the organization's IRS tax exemption certificate and 
IRS employer identification number;
    (7) Proof of liability insurance for FY 1994-1995;
    (8) Current written assurances that the requirements of Circular A-
128 for fiscal management, accounting, and recordkeeping are met; and
    (9) Pursuant to the Drug-Free Workplace Act of 1988, all grantees 
under this subpart shall comply with the mandatory Drug-Free Workplace 
Certification, a regulatory requirement for Federal grant recipients.
    An application missing any of the above mandatory requirements will 
not be reviewed.
    In addition to the foregoing requirements, existing ICWA grantees 
must submit a copy of a satisfactory program evaluation for the current 
year of operation from the appropriate area office in order to be 
considered for funding in FY 1994 (25 CFR 23.33(e)).
    In accordance with 25 CFR 41, grantees must adhere to and comply 
with all the general and uniform grant administration provisions and 
requirements specified at CFR part 276 and those identified in Subpart 
E of 25 CFR 23. Failure to meet and comply with these regulatory 
requirements may result in suspension, cancellation and/or termination 
of program funds.
    The grant application shall be no longer than 40 pages, double 
spaced, excluding the appendix. The table of contents and appendices 
will not be counted toward the maximum length. It is recommended that 
the appendix be no longer than 20 pages. If an application is longer 
than the established page limitation, only the first 40 pages will be 
reviewed. All applicants must submit one original application and three 
copies of the complete application.
    Information included in the appendix should relate specifically to 
the application. The appendix may include, but is not limited to the 
following: Resolutions, support letters, position descriptions, 
current/recent fiscal management/accounting certification, operational 
internal monitoring systems, and non-profit status documentation.

D. Competitive Application Selection Criteria

    The Area Director or his/her designated representative shall select 
those proposals which will in his/her judgement best promote the 
proposes of the Indian Child Welfare Act of 1978. Selection shall be 
made through the area review committee process in which each 
application will be scored individually and ranked according to score, 
taking into consideration the mandatory requirements as specified above 
and the following selection criteria:
    (1) The degree to which the application reflects an understanding 
of the social services problems or issues affecting the resident Indian 
population which the applicant proposes to serve;
    (2) Whether the applicant presents a narrative needs assessment, 
quantitative data and demographics of the client Indian population to 
be served;
    (3) Estimates of the number of Indian people to receive benefits or 
services from the program based on available data;
    (4) Program goals and objectives to be achieved through the grant;
    (5) A comprehensive developmental two-year (FY 1994 and FY 1995) 
narrative plan describing what specific services and/or activities will 
be provided each program year and addressing the above-identified 
social problems or issues. At a minimum, the plan must include a 
narrative description of the program; the program goals and objectives, 
stated in measurable terms, to be achieved through the grant; and the 
methodology, including culturally defined approaches, and procedures by 
which the grantee will accomplish the identified goals and objectives;
    (6) An internal monitoring system the grantee will use to measure 
progress and accomplishments, and to ensure that the quality and 
quantity of actual performance conforms to the requirements of the 
grant;
    (7) Documentation of the relative accessibility which the Indian 
population to be served under a specific proposal already has to 
existing child and family service programs emphasizing the prevention 
of Indian family breakups, such as mandatory state services. Factors to 
be considered in determining accessibility include:
    (i) Cultural barriers;
    (ii) Discrimination against Indians;
    (iii) Inability of potential Indian clientele to pay for services;
    (iv) Technical barriers created by existing public or private 
programs;
    (v) Availability of transportation to existing programs;
    (vi) Distance between the Indian community to be served under the 
proposal and the nearest existing programs;
    (vii) Quality of services provided to Indian clientele; and
    (viii) Relevance of services provided to the specific needs of the 
Indian clientele.
    (8) If the proposed program duplicates existing Federal, state, or 
local child and family service programs emphasizing the prevention of 
Indian family breakups, proper and current documented evidence that 
repeated attempts to obtain services have been unsuccessful;
    (9) Evidence of substantial support from the Indian community or 
communities to be served, including but not limited to:
    (i) Tribal support evidenced by a tribal resolution or cooperative 
service agreements between the administrative bodies of the affected 
tribe(s) and the applicant for the duration of the grant period, or
    (ii) Letters of support from social services organizations familiar 
with the applicant's past work experience;
    (10) A staffing plan that is consistent with implementation of the 
above-described program plan of operation and the procedures necessary 
for the successful delivery of services. The plan must include proposed 
key personnel, their qualifications, training or experience relevant to 
the services to be provided, responsibilities, Indian preference 
criteria for employment and position descriptions. In accordance with 
25 U.S.C. 3201 et seq. (Pub. L. 101-630), Title IV, the Indian Child 
Protection and Family Violence Prevention Act, grantees shall conduct 
character and background investigations of those personnel identified 
in that statue prior to their actual employment.
    (11) The reasonableness and relevance of the estimated overall 
costs of the proposed program or services and their overall relation to 
the organization's funding base, activities, and mission;
    (12) The degree to which the detailed annual budget and 
justification for the requested funds are consistent with, and clearly 
supported by, the proposed plan and by appropriate program services and 
activities for the applicable grant year;
    (13) The applicant's identification of any consultants and/or 
subgrantees it proposes to employ; description of the services to be 
rendered; the qualifications and experience of said personnel, 
reflecting the requirements for performing the identified services; and 
the basis for the cost and the amount to be paid for such services;
    (14) Certification by a licensed accountant that the bookkeeping 
and accounting procedures that the applicant uses or intends to use 
meet existing Federal standards for grant administration and management 
specified at 25 CFR 23.46;
    (15) The compliance of property management and recordkeeping 
systems with subpart D of 43 CFR Part 2 (the Privacy Act, 5 U.S.C. 
552a), and with existing Federal requirements for grants at 25 CFR 
276.5 and 276.11, including the maintenance and safeguarding of direct 
service case records on families and/or individuals served by the 
grant;
    (16) A description of the proposed facilities, equipment, and 
buildings necessary to carry out the grant activities; and
    (17) Proof of liability insurance coverage for FY 1994 and FY 1995.

E. Scoring and Grant Application Selection Criteria

    Upon receipt of an application for an off-reservation grant under 
25 CFR 23.33 which requires the approval of the Area Director, the Area 
Director shall:
    (1) Establish and convene an area review committee, chaired by a 
person qualified by knowledge, training and experience in the delivery 
of Indian child and family services.
    (2) Review the area office certification form required in 25 CFR 
23.33(a).
    (3) Review the application in accordance with the competitive 
review procedures prescribed in 25 CFR section 23.33. An application 
shall not receive approval for funding under the area competitive 
review and scoring process unless a review of the application 
determines that it:
    (i) Contains all the information required in 25 CFR section 23.33 
which must be received by the close of the application period. 
Modifications of the grant application received after the close of the 
application period shall not be considered in the competitive review 
process; and
    (ii) Receives at least the established minimum score of 80 points 
in an area competitive review, using the application selection criteria 
and scoring process set out in section 23.33.
    (4) Approve or disapprove the application and promptly notify the 
applicant in writing of the approval or disapproval of the application. 
If the application is disapproved, the Area Director shall include in 
the written notice the specific reasons therefore. The actual funding 
amounts for the initial grant year shall be subject to appropriations 
available nationwide and the continued funding of an approved off-
reservation grant application under subpart D of this part shall be 
subject to available funds received by the respective area office for 
the applicable grant year. Initial funding decisions and subsequent 
decisions with respect to funding level amounts for all approved grant 
applications under 25 CFR subpart D shall be made by the Area Director.
    (5) Based on the competitive scoring process, priority funding 
consideration will be given as follows:
     (i) Bonus points for past successful program performance, will be 
awarded one point per year up to five years (from FY 89-FY93), upon 
certification by the Area Director.
    (ii) An application receiving the highest rated score will receive 
priority funding consideration at a higher funding level than the 
remaining approved applicants. In case of a tied score, the applicant 
with the largest service area population will receive priority funding 
consideration.
    (iii) At least one approved applicant per area will be funded at a 
higher level than the rest. The remaining approved applicants will 
share proportionately the balance of available ICWA grant funds.

F. Grant Review and Award Process

    The Area Director shall review each application through a 
competitive process and take the appropriate course of action on all 
off-reservation ICWA grant applications received in response to this 
notice in accordance with the established requirements and timeframes 
in 25 CFR Parts 23.33(a) and 23.34 respectively. Grants shall be 
awarded and executed in accordance with 25 CFR Part 23.43 as 
expeditiously as possible.

G. Appeals

    A grantee or applicant may appeal any decision made or action taken 
by the Area Director under subpart D that is alleged to be in violation 
of the U.S. Constitution, Federal statues, or regulations of this part. 
These appeals shall be filed with the Interior Board of Indian Appeals 
in accordance with 25 CFR 2.4(e); 43 CFR 4.310 through 4.318 and 43 CFR 
4.330 through 4.340. An applicant may not appeal a score assigned to 
its application or the amount of grant funds awarded.
    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); 
25 CFR 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 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.
    No ICWA funds will be withheld at the Central Office for purposes 
of appeals related to funding appeals.

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 Area Director. The following 
is a listing of the 12 BIA Area Social Workers designated by the Area 
Directors to receive ICWA grant applications from off-reservation 
Indian organizations.

Aberdeen Area Office: Peggy Davis; 115 4th Avenue, S.E.; Aberdeen, 
SD 57401; 605/226-7351.
Albuquerque Area Office: Joseph Naranjo; 615 1st Street; P.O. Box 
26567; Albuquerque, NM 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, OK 73005; 405/ 247-6673 
ext. 257.
Billings Area Office: Louise Zokan-Delos Reyes; 316 North 26th 
Street; Billings, MT 59101; 406/657-6651.
Eastern Area Office: Evelyn S. Roanhorse; 3701 N. Fairfax Drive; 
Suite 260; Arlington, VA 22201; 703/235-2353.
Juneau Area Office: Jimmie Clemmons; 9109 Menden Hall Mall Road; P. 
O. Box 25520; Juneau, AK 99802-5520; 907/586-7628.
Minneapolis Area Office: Rosalie Clark; 331 South Second Avenue; 
Minneapolis, MN 55401; 612/373-1182.
Muskogee Area Office: Alice A. Allen; Federal Courthouse Building; 
101 North 5th Street; Muskogee, OK 74401-6206; 918/687-2507.
Navajo Area Office: Vivian Hailstorm; 300 West Hill Avenue; P.O. Box 
1060; MC-440, Gallup, NM 87301; 602/871-5151.
Phoenix Area Office: Stephen J. Lacy; 1 North First Street; P.O. Box 
10; Phoenix, AZ 85001; 602/379-6785.
Portland Area Office: Robert C. Carr; 911 N.E. 11th Avenue; 
Portland, OR 97232-4169; 503/231-6783.
Sacramento Area Office: Kevin Sanders; Federal Office Building; 2800 
Cottage Way; Sacramento, CA 95825; 916/978-4705.

    Dated May 6, 1994.
John W. Tippeconnic,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 94-11674 Filed 5-12-94; 8:45 am]
BILLING CODE 4310-02-P