[Federal Register Volume 62, Number 11 (Thursday, January 16, 1997)]
[Notices]
[Pages 2518-2541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1053]



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_______________________________________________________________________

Part III





Department of Education





_______________________________________________________________________



Bilingual Education--Systemwide Improvement Grants; Applications 
Invitation, FY 1997; Notice

  Federal Register / Vol. 62, No. 11 / Thursday, January 16, 1997 / 
Notices  

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DEPARTMENT OF EDUCATION

[CFDA No.: 84.291R]


Bilingual Education--Systemwide Improvement Grants; Notice 
Inviting Applications for New Awards for Fiscal Year (FY) 1997

    Note to Applicants: This notice is a complete application package. 
Together with the statute authorizing the program and applicable 
regulations governing the program, including the Education Department 
General Administrative Regulations (EDGAR), this notice contains all of 
the information, application forms, and instructions needed to apply 
for an award under this program.
    Purpose of Program: This program provides grants to implement 
districtwide bilingual education programs or special alternative 
instructional programs to improve, reform, and upgrade relevant 
programs and operations, within an entire local educational agency 
(LEA), that serve a significant number of limited English proficient 
(LEP) children and youth in one or more LEAs with significant 
concentrations of these children and youth.
    Eligible Applicants: (1) One or more LEAs; or (2) one or more LEAs 
in collaboration with an institution of higher education, community-
based organizations, other LEAs, or a State educational agency.
    Deadline for Transmittal of Applications: April 4, 1997.
    Deadline for Intergovernmental Review: June 3, 1997.
    Available Funds: $20 million.
    Estimated Range of Awards: $350,000-$650,000.
    Estimated Average Size of Awards: $500,000.
    Estimated Number of Awards: 40.

    Note: The Department is not bound by any estimates in this 
notice.

    Project Period: 60 months.

Applicable Regulations

    The Education Department General Administrative Regulations (EDGAR) 
in 34 CFR Parts 74, 75, 77, 79, 80, 81, 82, 85, and 86.

Description of Program

    The statutory authorization for this program, and the application 
requirements that apply to this competition, are set out in sections 
7115 and 7116 of the Elementary and Secondary Education Act of 1965, as 
amended by the Improving America's Schools Act of 1994 (Pub. L. 103-
382, enacted October 20, 1994 (the Act) (20 U.S.C. 7425 and 7426)).
    Grants under this program may be used during the first 12 months 
exclusively for activities preparatory to the delivery of services. 
Grants may be used to improve the education of limited English 
proficient students and their families by reviewing, restructuring, and 
upgrading--
    (A) Educational goals, curriculum guidelines and content, standards 
and assessments;
    (B) Personnel policies and practices including recruitment, 
certification, staff development, and assignment;
    (C) Student grade-promotion and graduation requirements;
    (D) Student assignment policies and practices;
    (E) Family education programs and parent outreach and training 
activities designed to assist parents to become active participants in 
the education of their children;
    (F) The instructional program for limited English proficient 
students by identifying, acquiring and upgrading curriculum, 
instructional materials, educational software and assessment procedures 
and, if appropriate, applying educational technology;
    (G) Tutorials and academic or career counseling for children and 
youth of limited-English proficiency; and
    (H) Such other activities, related to the purposes of this part, as 
the Secretary may approve.

Priorities

Absolute Priority
    The priority in the notice of final priority for this program, as 
published in the Federal Register on October 30, 1995 (60 FR 55246-
55247) and repeated below, applies to this competition.
    Under 34 CFR 75.105(c)(3) and section 7115(a) of the Act, the 
Secretary gives an absolute preference to applications that meet the 
following priority. The Secretary funds under this competition only 
applications that meet this absolute priority:
    Projects that serve only LEAs in which the number of LEP students, 
in each LEA served, is at least 1,000 or at least 25 percent of the 
total student enrollment.
Invitational Priority
     Within the absolute priority specified in this notice, the 
Secretary is particularly interested in applications that meet the 
invitational priority in the next paragraph. However, an application 
that meets this invitational priority does not receive competitive or 
absolute preference over other applications (34 CFR 75.105(c)(1)).
    Applicants that consider the Department of Education Professional 
Development Principles in planning and designing a Systemwide 
Improvement Grant project.
    Those principles call for educator professional development that 
focuses on teachers as central to student learning, yet includes all 
other members of the school community; focuses on individual, 
collegial, and organizational improvement; respects and nurtures the 
intellectual and leadership capacity of teachers, principals, and 
others in the school community; reflects best available research and 
practice in teaching, learning, and leadership; enables teachers to 
develop further expertise in subject content, teaching strategies, uses 
of technologies, and other essential elements in teaching to high 
standards; promotes continuous inquiry and improvement embedded in the 
daily life of schools; is planned collaboratively by those who will 
participate in and facilitate that development; requires substantial 
time and other resources; is driven by a coherent long-term plan; is 
evaluated ultimately on the basis of its impact on teacher 
effectiveness and student learning; and uses this assessment to guide 
subsequent professional development efforts.

Selection Criteria

    (a)(1) The Secretary uses the following provisions in sections 7115 
and 7116 of the Act and 34 CFR 75.210 as selection criteria to evaluate 
applications for new grants under this competition.
    (2) The maximum score for all of these criteria is 100 points.
    (3) The maximum score for each criterion is indicated in 
parentheses.
    (b) The criteria--(1) Meeting the purposes of the authorizing 
statute. (15 points) The Secretary reviews each application to 
determine how well the project is designed to implement districtwide 
bilingual education programs or special alternative instruction 
programs to improve, reform, and upgrade relevant programs and 
operations, within an entire local educational agency, that serve a 
significant number of children and youth of limited English proficiency 
in local educational agencies with significant concentrations of such 
children and youth.

(Authority: 20 U.S.C. 7425(a))

    (2) Extent of need for the project. (15 points) The Secretary 
reviews each application to determine the extent to which the project 
meets specific needs recognized in the statute that authorizes the 
program, including consideration of--

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    (i) Data on the number of children and youth of limited-English 
proficiency in the school district to be served;
    (ii) The characteristics of such children and youth, such as 
language spoken, dropout rates, proficiency in English and the native 
language, academic standing in relation to the English-proficient peers 
of those children and youth, and, where applicable, the recency of 
immigration;
    (iii) The needs addressed by the project;
    (iv) How the applicant identified those needs;
    (v) How those needs will be met by the project; and
    (vi) The benefits to be gained by meeting those needs.

(Authority: 20 U.S.C. 7426(g)(1)(A); 34 C.F.R. 75.210(b)(2))

    (3) Plan of operation. (35 points) The Secretary reviews each 
application to determine how well the project meets the following 
requirements:
    (i) How the program is to be implemented and its design--
    (A) Relate to the linguistic and academic needs of the children and 
youth of limited-English proficiency to be served;
    (B) Are coordinated with other programs under this Act, the Goals 
2000: Educate America Act and other Acts, as appropriate in accordance 
with section 14306 of the Act;
    (C) Involve the parents of the children and youth of limited-
English proficiency to be served;
    (D) Ensure accountability in achieving high academic standards; and
    (E) Promote coordination of services for the children and youth of 
limited-English proficiency to be served and their families.

(Authority: 20 U.S.C. 7426(g)(1)(B))

    (ii) How, if appropriate, the applicant proposes collaborative 
activities with institutions of higher education, community-based 
organizations, local or State educational agencies, private schools, 
nonprofit organizations, or businesses in carrying out the proposed 
program.

(Authority: 20 U.S.C. 7426(g)(1)(C))

    (iii)(A) What current services the applicant provides to children 
and youth of limited-English proficiency;
    (B) What services children and youth of limited-English proficiency 
will receive under the grant that such children or youth will not 
otherwise receive;
    (C) How funds received will be integrated with all other Federal, 
State, local, and private resources that may be used to serve children 
and youth of limited-English proficiency;
    (D) Specific achievement and school retention goals for the 
children and youth to be served by the proposed program and how 
progress toward achieving such goals will be measured; and
    (E) Current family education programs if applicable.
    (iv) How the applicant's proposed project will be integrated with 
the applicant's overall educational program.

(Authority: 20 U.S.C. 7426(g)(2)(B)(i))

    (v) How training for personnel participating in or preparing to 
participate in the program will assist those personnel in meeting State 
and local certification requirements.

(Authority: 20 U.S.C. 7426(i)(5))

    (4) Proficiency in English and another language. (5 points) The 
Secretary reviews each application to determine the extent to which the 
project will provide for the development of bilingual proficiency both 
in English and another language for all participating students.

(Authority: 20 U.S.C. 7426(i)(1))

    (5) Quality of key personnel. (8 points) The Secretary reviews each 
application to determine how well the project meets the following 
requirements:
    (i) How the applicant will employ teachers in the proposed program 
that, individually or in combination, are proficient in English, 
including written, as well as oral, communication skills.
    (ii) How the project will use qualified personnel, including 
personnel who are proficient in the language or languages used in 
instruction.

(Authority: 20 U.S.C. 7426(g)(1)(E) and (h)(1))

    (6) Budget and cost effectiveness. (5 points) The Secretary reviews 
each application to determine the extent to which--
    (i) The budget is adequate to support the project; and
    (ii) Costs are reasonable in relation to the objectives of the 
project.

    (34 CFR 75.210(b)(5))

    (7) Evaluation plan. (13 points) The Secretary reviews each 
application to determine how well the project's evaluation will meet 
the following requirements. The evaluation must include--
    (i) How students are achieving the State student performance 
standards, if any, including data comparing children and youth of 
limited-English proficiency with nonlimited English proficient children 
and youth with regard to school retention, academic achievement, and 
gains in English (and, where applicable, native language) proficiency;
    (ii) Program implementation indicators that provide information for 
informing and improving program management and effectiveness, including 
data on appropriateness of curriculum in relationship to grade and 
course requirements, appropriateness of program management, 
appropriateness of the program's staff professional development, and 
appropriateness of the language of instruction; and
    (iii) Program context indicators that describe the relationship of 
the activities funded under the grant to the overall school program and 
other Federal, State, or local programs serving children and youth of 
limited-English proficiency.

(Authority: 20 U.S.C. 7433)

    (8) Adequacy of resources. (4 points) The Secretary reviews each 
application to determine how well the project meets the following 
requirements:
    (i) Student evaluation and assistance procedures must be valid, 
reliable, and fair for limited-English proficient students.
    (ii) Limited-English proficient students who are disabled must be 
identified and served in accordance with the requirements of the 
Individuals with Disabilities Education Act.
    (iii) The project must contribute toward building the capacity of 
the applicant to provide a program on a regular basis, similar to that 
proposed for assistance, which will be of sufficient size, scope, and 
quality to promise significant improvement in the education of students 
of limited-English proficiency, and that the applicant will have the 
resources and commitment to continue the program when assistance is 
reduced or no longer available.
    (iv) The project must provide for utilization of the State and 
national dissemination sources for program design and in dissemination 
of results and products.

(Authority: 20 U.S.C. 7426(h)(3), (5), and (6))

Intergovernmental Review of Federal Programs

    This program is subject to the requirements of Executive Order 
12372 (Intergovernmental Review of Federal Programs) and the 
regulations in 34 CFR Part 79.
    The objective of the Executive order is to foster an 
intergovernmental partnership and to strengthen federalism by relying 
on State and local processes for State and local government 
coordination and review of proposed Federal financial assistance.
    Applicants must contact the appropriate State Single Point of 
Contact to find out about, and to comply

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with, the State's process under Executive order 12372. Applicants 
proposing to perform activities in more than one State should 
immediately contact the Single Point of Contact for each of those 
States and follow the procedure established in each State under the 
Executive order. If you want to know the name and address of any State 
Single Point of Contact, see the list published in the Federal Register 
on August 20, 1996 (61 FR 43133 through 43135).
    In States that have not established a process or chosen a program 
for review, State, areawide, regional, and local entities may submit 
comments directly to the Department.
    Any State Process Recommendation and other comments submitted by a 
State Single Point of Contact and any comments from State, areawide, 
regional, and local entities must be mailed or hand-delivered by the 
date indicated in this notice to the following address: The Secretary, 
E.O. 12372--CFDA# 84.291R, U.S. Department of Education, Room 6213, 600 
Independence Avenue, SW., Washington, D.C. 20202-0124.
    Proof of mailing will be determined on the same basis as 
applications (see 34 CFR 75.102). Recommendations or comments may be 
hand-delivered until 4:30 p.m. (Washington, D.C. time) on the date 
indicated in this notice.
    PLEASE NOTE THAT THE ABOVE ADDRESS IS NOT THE SAME ADDRESS AS THE 
ONE TO WHICH THE APPLICANT SUBMITS ITS COMPLETED APPLICATION. DO NOT 
SEND APPLICATIONS TO THE ABOVE ADDRESS. INSTRUCTIONS FOR TRANSMITTAL OF 
APPLICATIONS:
    (a) If an applicant wants to apply for a grant, the applicant shall 
--
    (1) Mail the original and specified copies of the application on or 
before the deadline date to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA# 84.291R), Washington, D.C. 20202-4725

        or

    (2) Hand-deliver the original and specified copies of the 
application by 4:30 p.m. (Washington, D.C. time) on or before the 
deadline date to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA# 84.291R), Room #3633, Regional Office Building #3, 7th and D 
Streets, SW., Washington, D.C.

    (b) An applicant must show one of the following as proof of 
mailing:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does not accept either of the following as proof of 
mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Notes: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from 
the date of mailing the application, the applicant should call the 
U.S. Department of Education Application Control Center at (202) 
708-9495.
    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for 
Federal Assistance (Standard Form 424) the CFDA number and suffix 
letter, if any, of the competition under which the application is 
being submitted.

Application Instructions and Forms

    The appendix to this application contains the following forms and 
instructions, plus a statement regarding estimated public reporting 
burden, various assurances, a notice to applicants regarding compliance 
with section 427 of the General Education Provisions Act, 
certifications, checklist for applicants, and required documentation:
    a. Application for Federal Assistance (Standard Form 424 (Rev. 4-
88)) and instructions.
    b. Budget Information--Non-Construction Programs (ED Form No. 524) 
and instructions.
    c. Application Narrative.
    d. Estimated Public Reporting Burden.
    e. Group Application Certification.
    f. Student Data.
    g. Project Documentation.
    h. Program Assurances.
    i. Assurances--Non-Construction Programs (Standard Form 424B) and 
instructions.
    j. Certifications Regarding Lobbying; Debarment, Suspension and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and instructions.
    k. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014, 9/90) 
and instructions.

    (Note: This form is intended for the use of grantees and should 
not be transmitted to the Department.)

    l. Disclosure of Lobbying Activities (Standard Form LLL) (if 
applicable) and instructions. The document has been marked to reflect 
statutory changes. See the notice published by the Office of Management 
and Budget at 61 FR 1413 (January 19, 1996).
    m. Notice to All Applicants.
    An applicant may submit information on a photostatic copy of the 
application and budget forms, the assurances, and the certifications. 
However, the application form, the assurances, and the certifications 
must each have an original signature. All applicants must submit ONE 
original signed application and TWO copies of the application. The 
Secretary also requests applicants to send a THIRD copy of the 
application to assist in the Department's review. Please mark each 
application as ``original'' or ``copy''. No grant may be awarded unless 
a completed application has been received.

FOR FURTHER INFORMATION CONTACT: Cecile Kreins, James Lockhart, or 
Harry Logel, U.S. Department of Education, 600 Independence Avenue, 
SW., Room 5090, Switzer Building, Washington, D.C. 20202-6510. 
Telephone: Cecile Kreins (202) 205-5568, James Lockhart (202) 205-5426, 
Harry Logel (202) 205-5530). Individuals who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service(FIRS) at 1-800-877-8339 between 8 a.m. and 8 p.m., Eastern 
time, Monday through Friday.
    Information about the Department's funding opportunities, including 
copies of application notices for discretionary grant competitions, can 
be viewed on the Department's electronic bulletin board (ED Board), 
telephone (202) 260-9950; on the Internet Gopher Server (at gopher://
gcs.ed.gov); or on the World Wide Web (at http://gcs.ed.gov). However, 
the official application notice for a discretionary grant competition 
is the notice published in the Federal Register. Note: Some of the 
forms in the Appendix to this notice may not be available from these 
electronic sources.

    Program Authority: 20 U.S.C. 7425.

    Dated: January 7, 1997.
Delia Pompa,
Director, Office of Bilingual Education and Minority Languages Affairs.

Instructions for Estimated Public Reporting Burden

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid

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OMB control number. The valid OMB control number for this information 
collection is OMB No. 1885-0528, Exp. Date: 4/30/98. The time required 
to complete this information collection is estimated to average 160 
hours per response, including the time to review instructions, search 
existing data resources, gather the data needed, and complete and 
review the information collection. If you have any comments concerning 
the accuracy of the time estimate or suggestions for improving this 
form, please write to: U.S. Department of Education, Washington, D.C. 
20202-4651. If you have comments or concerns regarding the status of 
your individual submission of this form, write directly to: Office of 
Bilingual Education and Minority Languages Affairs, U.S. Department of 
Education, 600 Independence Ave., S.W., Washington, D.C. 20202-6510.

APPLICATION INSTRUCTIONS

Mandatory Page Limit for the Application Narrative

    The narrative portion of the application must not exceed 75 pages. 
These pages must be doubled-spaced and printed on one side only. A 
legible font size and adequate margins should be used. The narrative 
section must be paginated and should include a one-page abstract. The 
page limit applies to: (1) the abstract, (2) the proposal narrative, 
(3) charts, graphs, tables, and graphics, (4) position descriptions 
(and resumes,if included), and (5) any appendices. The page limit does 
not apply to: application forms and other forms furnished by the 
Department, assurances and attachments to those forms, and the table of 
contents (items 1-13 in the Checklist for Applicants).

Application Narrative

    The narrative section should begin with an abstract that includes a 
short description of the population to be served by the project, 
project objectives, and planned project activities. The narrative 
should address fully all aspects of the selection criteria in the order 
listed and should give detailed information regarding each criterion. 
Do not simply paraphrase the criteria. Do not send letters of support 
unless they are critical to the instructional design of the project. Do 
not send curriculum vitae for key personnel; submit position 
descriptions instead. APPLICATIONS WITH A NARRATIVE SECTION THAT 
EXCEEDS THE PAGE LIMIT WILL NOT BE CONSIDERED FOR FUNDING. THE 
APPLICATION NARRATIVE MUST BE PAGINATED.

Table of Contents

    The application should include a table of contents listing the 
sections in the order required.

Final Application Preparation

    Use the checklist included in this application to verify that your 
application is complete. Prepare an original copy with an original 
signature. Prepare three additional copies. Do not bind in notebooks, 
elaborate bindings, or covers. The application package must be mailed 
or hand-delivered to the address specified in this notice and 
postmarked by the deadline date.

Notice to All Applicants

    Thank you for your interest in this program. The purpose of this 
enclosure is to inform you about a new provision in the Department of 
Education's General Education Provisions Act (GEPA) that applies to 
applicants for new grant awards under Department programs. This 
provision is section 427 of GEPA, enacted as part of the Improving 
America's Schools Act of 1994 (Pub. L. 103-382).

To Whom Does This Provision Apply?

    Section 427 of GEPA affects applicants for new discretionary grant 
awards under this program. ALL APPLICANTS FOR NEW AWARDS MUST INCLUDE 
INFORMATION IN THEIR APPLICATIONS TO ADDRESS THIS NEW PROVISION IN 
ORDER TO RECEIVE FUNDING UNDER THIS PROGRAM.

What Does This Provision Require?

    Section 427 requires each applicant for funds (other than an 
individual person) to include in its application a description of the 
steps the applicant proposes to take to ensure equitable access to, and 
participation in, its federally-assisted program for students, 
teachers, and other program beneficiaries with special needs.
    This section allows applicants discretion in developing the 
required description. The statute highlights six types of barriers that 
can impede equitable access or participation that you may address: 
gender, race, national origin, color, disability, or age. Based on 
local circumstances, you can determine whether these or other barriers 
may prevent your students, teachers, etc. from equitable access or 
participation. Your description need not be lengthy; you may provide a 
clear and succinct description of how you plan to address those 
barriers that are applicable to your circumstances. In addition, the 
information may be provided in a single narrative, or, if appropriate, 
may be discussed in connection with related topics in the application.
    Section 427 is not intended to duplicate the requirements of civil 
rights statutes, but rather to ensure that, in designing their 
projects, applicants for Federal funds address equity concerns that may 
affect the ability of certain potential beneficiaries to fully 
participate in the project and to achieve to high standards. Consistent 
with program requirements and its approved application, an applicant 
may use the Federal funds awarded to it to eliminate barriers it 
identifies.

What are Examples of How an Applicant Might Satisfy the Requirement of 
This Provision?

    The following examples may help illustrate how an applicant may 
comply with section 427.
    (1) An applicant that proposes to carry out an adult literacy 
project serving, among others, adults with limited English proficiency, 
might describe in its application how it intends to distribute a 
brochure about the proposed project to such potential participants in 
their native language.
    (2) An applicant that proposes to develop instructional materials 
for classroom use might describe how it will make the materials 
available on audio tape or in braille for students who are blind.
    (3) An applicant that proposes to carry out a model science program 
for secondary students and is concerned that girls may be less likely 
than boys to enroll in the course, might indicate how it tends to 
conduct ``outreach'' efforts to girls, to encourage their enrollment.
    We recognize that many applicants may already be implementing 
effective steps to ensure equity of access and participation in their 
grant programs, and we appreciate your cooperation in responding to the 
requirements of this provision.
Estimated Burden Statement
    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is 1801-0004 (Exp. 8/31/98). The time required 
to complete this information collection is estimated to vary from 1 to 
3 hours per response, with an average of 1.5 hours, including the time 
to review instructions, search existing data resources, gather and 
maintain the data needed, and complete and review the information 
collection. If you have any comments concerning the

[[Page 2522]]

accuracy of the time estimate(s) or suggestions for improving this 
form, please write to: U.S. Department of Education, Washington, DC 
20202-4651.

Checklist for Applicants

Systemwide Improvement Grants

    The following forms and other items must be included in the 
application and organized in the same manner listed below:

1. Application for Federal Assistance (SF 424)
2. Group Application Certification (if applicable)
3. Budget Information (ED Form No. 524)
4. Itemized Budget for each year
5. Student Data
6. Project Documentation:
    Transmittal Letter to SEA
    Documentation of Consultation with Nonprofit Private School 
Officials, if applicable
    Box checked in Section C of this form
7. Program Assurances
8. Notice to All Applicants (OMB No. 1801-0004)
9. Assurances--Non-Construction Programs (SF 424B)
10. Certifications Regarding Lobbying; Debarment, Suspension and Other 
Responsibility Matters; and Drug-Free Workplace Requirements (ED 80-
0013)
11. Certification Regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion--Lower Tier Covered Transactions (ED 80-0014)
12. Disclosure of Lobbying Activities (SF-LLL)
13. Table of Contents
14. Application Narrative, including Abstract (not to exceed 75 pages)
15. One Original and Three Copies of the Application to be transmitted 
to the Department at the address specified in this notice.

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[FR Doc. 97-1053 Filed 1-15-97; 8:45 am]
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