[Federal Register Volume 62, Number 95 (Friday, May 16, 1997)]
[Notices]
[Pages 27045-27059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12939]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
[Program Announcement No. 97-06]
Family Violence Prevention and Services Program
AGENCY: Office of Community Services, ACF, DHHS.
ACTION: Notice of the availability of funding to States and Native
American Tribes and Tribal organizations for family violence prevention
and services.
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SUMMARY: This multi-year announcement supersedes Program Announcement
No. OCS 95-04, published January 11, 1995 in Volume 60, No.7, pages
2769-2780 of the Federal Register. This announcement governs the
proposed award of formula grants under the Family Violence Prevention
and Services Act to States (including Territories and Insular Areas)
and Native American Tribes and Tribal organizations. The purpose of
these grants is to assist States and Tribes in establishing,
maintaining, and expanding programs and projects to prevent family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents.
This announcement sets forth the application requirements, the
application process, and other administrative and fiscal requirements
for grants in fiscal years (FY) 1997 through FY 2000.
CLOSING DATES AND APPLICATIONS: Applications for FY 1997 family
violence grant awards meeting the criteria specified in this
announcement should be received no later than July 15, 1997. Grant
applications for FY 1998 through FY 2000 should be received at the
address specified below by December 15 of each subsequent fiscal year.
ADDRESSES: Applications should be sent to Office of Community Services,
Administration for Children and Families, Attn: William D. Riley, 5th
Floor, West Wing, 370 L'Enfant Promenade, SW., Washington, D.C. 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529, James
Gray (202) 401-5705 or Trudy Hairston (202) 401-5319.
SUPPLEMENTARY INFORMATION:
Note: We Strongly Recommend That States and Native American
Tribes and Tribal Organizations Keep a Copy of This Federal Register
Notice for Future Reference. The Requirements Set Forth in This
Announcement Will Apply to State and Native American Family Violence
Program Grants for FY 1997 Through FY 2000. Information Regarding
Any Changes in Available Funds, State/Tribal Allocations, and
Administrative and Reporting Requirements Will Be Provided by
Program Announcement in the Federal Register or by Program
Instruction.
Part I. Reducing Family and Intimate Violence Through Coordinated
Prevention and Services Strategies
A. The Importance of Coordination of Services
Family and intimate violence has serious and far reaching
consequences for individuals, families and communities. A recent report
from the National Research Council, ``Understanding Violence Against
Women'' (1996) concludes that, ``Women are far more likely than men to
be victimized by an intimate partner (Kilpatrick, et. al., 1992;
Bachman, 1994; Bachman and Saltzman, 1995) * * * It is important to
note that attacks by intimates are more dangerous to women than attacks
by strangers: 52 percent of the women victimized by an intimate sustain
injuries, compared with 20 percent of those victimized by a stranger
(Bachman and Saltzman, 1995). Women are also significantly more likely
to be killed by an intimate than are men. In 1993, 29 percent of female
homicide victims were killed by their husbands, ex-husbands, or
boyfriends; only 3 percent of male homicide victims were killed by
their wives, ex-wives, or girlfriends (Federal Bureau of Investigation,
1993).''
The impacts of such family and intimate violence include physical
injury and death of primary or secondary victims, psychological trauma,
isolation from family and friends, harm to children witnessing or
experiencing violence in homes in which the violence occurs, increased
fear, reduced mobility and employability, homelessness, substance
abuse, and a host of other health and related mental health
consequences.
It is estimated that between 12 percent and 35 percent of women
visiting emergency rooms with injuries are there because of battering
(Randall, 1990; Abbot, et. al., 1995). Estimates of the number of women
who are homeless because of battering range from 27 percent (Knickman
and Weitzman, 1989) to 41 percent (Bassuk and Rosenberg, 1988) to 63
percent of all homeless women (D'ercole and Struening, 1990). The
significant correlation between domestic violence and child abuse
(Edelson, 1995; Stark and Flitcraft, 1988; Strauss and Gelles, 1990),
and the use of welfare by battered women as an ``economic escape
route'' (Raphael, 1995) also suggest the need to coordinate domestic
violence intervention activities with those addressing child abuse and
welfare reform activities at the Federal, State and local levels.
When programs that seek to address these issues operate
independently of each other, a fragmented, and consequently less
effective, service delivery and prevention system may be the result.
Coordination and collaboration among the police, prosecutors, the
courts, victim services providers, child welfare and family
preservation services, and medical and mental health service providers
is needed to provide more responsive and effective services to victims
of domestic violence and their families. It is essential that all
interested parties are involved in the design and improvement of
intervention and prevention activities.
To help bring about a more effective response to the problem of
domestic violence, the Department of Health and Human Services (HHS)
urges States and Native American Tribes receiving funds under this
grant announcement to coordinate activities funded under this grant
with other new and existing resources for the prevention of family and
intimate violence and related issues.
B. On-Going Coordination Efforts
1. Federal Coordination
In the fall of 1993, a Federal Interdepartmental Work Group
(including the Departments of Health and Human Services, Justice,
Education, Housing and Urban Development, Labor, and Agriculture) began
working together to study cross-cutting issues related to violence, and
to make recommendations for action in areas such as youth development,
schools,
[[Page 27046]]
juvenile justice, family violence, sexual assault, firearms, and the
media. The recommendations formed a framework for ongoing policy
development and coordination within and among the agencies involved.
Based on these initial coordination efforts, a new
interdepartmental strategy was developed for implementing the programs
and activities enacted in the Violent Crime Control and Law Enforcement
Act of 1994 (Crime Bill). A Steering Committee on Violence Against
Women is currently coordinating activities among family violence-
related programs and across agencies and departments. Also, in 1996,
the Departments of Justice and Health and Human Services announced the
formation of a National Advisory Council on Violence Against Women to
help coordinate efforts, assist victims, and advise the Federal
Government on implementation of the Violence Against Women Act (VAWA).
2. Opportunities for Coordination at the State and Local Level
The major domestic violence intervention and prevention activities
funded by the Federal government focus on law enforcement and justice
system strategies; victim protection and assistance services; and
prevention activities, including public awareness and education.
Federal programs also serve related needs, such as housing, family
preservation and child welfare services, substance abuse treatment, and
job training.
We want to call to your attention two major programs, enacted by
Congress in the past few years, that provide new funds to expand
services and which require the on-going involvement of State agencies,
Indian tribes, State Domestic Violence Coalitions, and others
interested in prevention and services for victims of domestic violence.
These programs are: Law Enforcement and Prosecution Grants to Reduce
Violent Crimes Against Women, administered by the Department of
Justice, (also known as the STOP grants), and the Family Preservation
and Support Services program, administered by DHHS. Both programs
(described below) require the State agencies and Indian tribes
administering these programs to conduct an inclusive, broad-based,
comprehensive planning process at the State and community level.
In addition, the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, the Welfare Reform law, offers an
opportunity for those organizations providing domestic violence
intervention and prevention services to work with State welfare
agencies in providing safety planning and services to welfare
recipients who may be battered. We believe the expertise and
perspective of the family violence prevention and services field will
be invaluable as decisions are made on how best to use these funds and
design service delivery improvements.
(a) Law Enforcement and Prosecution Grants To Reduce violence Crimes
Against Women
Enacted as part of the Violence Against Women Act (VAWA), this law
provides an opportunity to respond to violence against women in a
comprehensive manner. It emphasizes the development of Federal, State
and local partnerships to assure that offenders are prosecuted to the
fullest extent of the law, that crime victims receive the services they
need and the dignity they deserve, and that all parts of the criminal
justice system have training and funds to respond effectively to both
offenders and crime victims.
The Office of Justice Programs (OJP) in the Department of Justice
(DOJ) implemented a new formula grant program, known informally as the
Stop Violence Against Women Formula Grants (Services, Training,
Officers, prosecution) which made available $26 million to States in FY
1995, $130 million to States in FY 1996, and $145 million to States in
FY 1997.
States must allocate at least 25 percent of their funds to law
enforcement activities, at least 25 percent to prosecution activities,
and at least 25 percent to nonprofit nongovernmental victims services,
including underserved populations. These grant funds are to help
develop, strengthen, and implement effective law enforcement,
prosecution, and victim assistance strategies. Eligibility for this
program is limited to the States, Territories and the District of
Columbia.
The Violence Against Women Act stipulates that four percent of the
funds appropriated each year for the STOP program will be awarded to
Indian tribal governments. The OJP grant regulations and program
guidelines will address the requirements of both the formula grant and
the Indian grant programs.
In order to be eligible for DOJ funds, States must develop a plan
for implementation. As a part of the planning process, the Violence
Against Women Act requires that States must consult with nonprofit,
nongovernmental victims' services programs including sexual assault and
domestic violence victim services programs. Such a coordinated approach
will also require a partnership and collaboration among the police,
prosecutors, the courts, shelter and victims service providers, and
medical and mental health professionals. OJP expects that States will
draw into the planning process the experience of existing domestic
violence task forces and coordinating councils such as the State
Agencies and the State Domestic Violence Coalitions, as well as
representatives from key components of the criminal justice system and
other professionals who interact with women who are victims of
violence.
(b) Family Preservation and Family Support Services Program
In August 1993, Congress created a new program entitled ``Family
Preservation and Support Services'' (Title IV-B of the Social Security
Act). Funds under this program are awarded to State Child Welfare
agencies to provide needed services and to help bring about better
coordination among child and family services programs at the state and
local level. Many jurisdictions are including domestic violence
programs and advocacy organizations in their on-going planning and
services system to better address the needs of victims of family
violence and their dependents.
Family preservation services include intensive services assisting
families at-risk or in crisis, particularly in cases where children are
at risk of being placed out of the home. Victims of family violence and
their dependents are considered at-risk or in crisis.
Family support services include community-based preventive
activities designed to strengthen parents' ability to create safe,
stable, and nurturing home environments that promote healthy child
development. These services also include assistance to parents
themselves through home visiting and activities such as drop-in center
programs and parent support groups.
(c) The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (Welfare Reform)
On August 22, 1996, Public Law 104-193 was enacted which abolished
Aid to Families with Dependent Children (AFDC) and other related
programs. Under this new law, the authority and responsibility to
determine which families will receive assistance (cash and/or services)
and how much under the new Temporary Assistance to Needy Families
(TANF) Block Grant, (which replaces AFDC) has been shifted from the
Federal government to the States; States will also decide which
programs
[[Page 27047]]
will exist within their States to serve eligible families.
Under this new law, each State must submit a State plan to the
Department of Health and Human Services in order to receive TANF block
grant funds. The plan must certify that local government and private
sector organizations have been consulted about the plan and have had at
least 45 days in which to comment. There are two areas of the Act which
specifically refer to domestic violence: (1) States are allowed to
exempt 20 percent of their caseload from the 60-month limit on
receiving welfare benefits for ``reason of hardship or if the family
includes an individual who has been battered or subjected to extreme
cruelty'' (Section 408(a)(7)(C)(i)); and (2) the Family Violence
Amendment, (also known as the Wellstone/Murray Family Violence
provision), where States have the option to include a certification
about victims of domestic violence in their State plans which allows
States to waive certain requirements for certain domestic violence
victims (Section 402(a)(7)).
(d) The Role and Activities of State Domestic Violence Coalitions in
Coordination
State Domestic Violence Coalitions have an important role in
ensuring that these and other Federal and State initiatives are
informed by and coordinated with related intervention and prevention
efforts. It remains important that State coalition efforts to improve
the judicial, social services, and health systems response to domestic
violence continue to expand and are coordinated with State agency
initiatives in these areas.
In 1966, the National Center for Injury Prevention and Control of
the Centers for Disease Control and Prevention (CDC) initiated a
project to compile an inventory of funding sources for domestic
violence and sexual assault coalitions and community-based programs.
This included a survey of coalitions and programs to identify the types
of funding received and the activities this funding supported. The
survey used the following categories to capture the range of activities
of many State domestic violence coalitions:
Services Advocacy includes work to support the growth and
development of community-based domestic violence programs, including
the provision of training and technical assistance to those providing
direct services (e.g., providing training and technical assistance to
hotline /shelter workers and legal advocates, developing program
standards for domestic violence programs).
Systems Advocacy is work to effect policy and procedural change in
order to improve the institutional response to domestic violence (e.g.,
developing protocols for medical or mental health providers, training
for those who work in the criminal and civil justice, welfare ,child
protective services, legal services, and educational systems. The
development of coordinated community interventions, public policy
advocacy directed at changing State/local laws, policies, practices
related to domestic violence, and the development and implementation of
statewide standards for batterers intervention programs).
Statewide Planning includes needs assessment and planning
activities designed to document gaps in current response and prevention
efforts and to guide future activities.
Public Awareness/Community Education includes work designed to
inform and mobilize the general public around domestic violence issues
(e.g., education programs in elementary, middle and high schools and
expanded outreach to underserved populations).
Administration includes activities directed at supporting
organizational functioning, such as fiscal and programmatic record
keeping and reporting, state-wide management of programs, and
fundraising.
Direct Services are those provided directly to victims of domestic
violence or to their families, friends, or supporters by a State
coalition (e.g., State-wide hotline, information and referral, legal
advocacy services, etc.).
The above categories are included as an overview of the role that
State coalitions may play in domestic violence intervention and
prevention and the types of collaborative activities the Family
Violence Prevention and Service Act are meant to support.
Part II. Programmatic and Funding Information
A. Background
Title III of the Child Abuse Amendments of 1984 (Public Law 98-457,
42 U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention
and Services Act'' (the Act). The Act was first implemented in FY 1986,
reauthorized and amended in 1992 by Public Law 102-295, in 1994 by
Public Law 103-322, the Violent Crime Control and Law Enforcement Act,
and in 1996 by Pub. L. 104-235, the Child Abuse Prevention and
Treatment Act (CAPTA) of 1996.
The purpose of this legislation is to assist States and Native
American Tribes and Tribal organizations in supporting the
establishment, maintenance, and expansion of programs and projects to
prevent incidents of family violence and to provide immediate shelter
and related assistance for victims of family violence and their
dependents.
During FY 1996, 220 grants were made to States and Native American
Tribes. The Department also made 52 family violence prevention grant
awards to nonprofit State domestic violence coalitions.
In addition, the Department supports the National Resource Center
for Domestic Violence (NRC) and three Special Issue Resource Centers
(SIRCs). The SIRCs are the Battered Women's Justice Project; the
Resource Center on Child Custody and Protection, and the Health
Resource Center on Domestic Violence. The purpose of the NRC and the
SIRCs is to provide resource information, training, and technical
assistance to Federal, State, and Native American agencies, local
domestic violence prevention programs, and other professionals who
provide services to victims of domestic violence.
To carry out a new provision of the Crime Bill, the President
announced in February, 1996, the Department's funding of a national
domestic violence hotline to ensure that every woman has access to
information and emergency assistance wherever and whenever she needs
it. The national domestic violence hotline is a 24-hour, toll-free
service which provides crisis assistance, counseling, and local shelter
referrals to women across the country. Hotline counselors also are
available for non-English speaking persons and for people who are
hearing impaired. The hotline number is 1-800-799-SAFE; the TDD number
for the hearing impaired is 1-800-787-3224
B. Funds Available
Congress appropriated $62,000,000 for FY 1997 to carry out the
Family Violence Prevention and Services program. In addition, through
the Violence Crime Reduction Trust Fund, $10,800,000 was authorized for
the Grants to Battered Women's Shelter program and $1,200,000 for the
National Domestic Violence Hotline. The grant award for the National
Domestic Violence Hotline is made in a separate announcement.
Of the total appropriated in section 310(a) for fiscal year 1997,
we will allocate 70 percent of the total ($72,800,000) to the
designated State agencies administering family violence prevention and
services programs; 10 percent to the Tribes and Tribal organizations
for the establishment and operation of shelters, safe houses, and
[[Page 27048]]
the provision of related services; and 10 percent to the State Domestic
Violence Coalitions to continue their work within the domestic violence
community by proving technical assistance and training, and advocacy
services among other activities with local domestic violence programs
and to encourage appropriate responses to domestic violence within the
States.
We also will make 5 percent of the $72,800,000 available to
continue the support for the National Resource Center and the three
Special Issue Resource Centers. The remaining 5 percent of the FY 1997
family violence prevention and services funding will be used to support
training and technical assistance, collaborative projects with advocacy
organizations and service providers, data collection efforts, public
education activities, research and other demonstration activities.
C. State Allocation
The Secretary is required to make available not less than 70
percent of amounts appropriated under Section 310(a) for grants to
States and not less than 10% of amounts appropriated under Section
310(a) for grants to Native American Tribes and Tribal organizations.
Family Violence grants to the States, the District of Columbia, and
the Commonwealth of Puerto Rico are based on population. Each grant
shall be not less than 1% of the amounts appropriated for grants under
section 303(a) or $400,000, whichever is the lesser amount. The CAPTA
reauthorization raised the minimum grant to States from $200,000 to
$400,000. State allocations are listed as Appendix A at the end of this
announcement and have been computed based on the formula in section 304
of the Act.
For the purpose of computing allotments, the statute provides that
Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,
and the Republic of Palau will each receive grants of not less than
one-eighth of 1% of the amounts appropriated. However, on October 1,
1994, Palau became independent and a Compact of Free Association
between the United States and Palau came into effect. This change in
the political status of Palau has the following effect on Palau's
allocation:
In FY 95, Palau was entitled to 100% of its allocation. Beginning
in FY 96, its share was to be reduced as follows:
FY 96--not to exceed 75% of the total amount appropriated for such
programs in FY 95;
FY 97--not to exceed 50% of the total amount appropriated for such
programs in FY 95;
FY 98--not to exceed 25% of the total amount appropriated for such
programs in FY 95.
D. Native American Tribal Allocations
Of the $72,800,000 appropriated for FY 1997, $7,280,000 is
authorized for grants to Native American Tribes. Native American Tribes
and Tribal organizations are eligible for funding under this program if
they meet the definition of such entities as found in subsections (b)
and (c), respectively, of section 4 of the Indian Self-Determination
and Education Assistance Act and are able to demonstrate their capacity
to carry out a family violence prevention and services program.
A list of currently eligible Native American Tribes is found at
Appendix B of this Announcement. Any Native American Tribe that
believes it meets the eligibility criteria and should be included in
the list of eligible tribes should provide supportive documentation in
its application and a request for inclusion. (See Native American
Tribal Application Requirements in Part V.)
In computing Native American Tribal allocations, we will use the
latest available population figures from the Census Bureau. Where
Census Bureau data are unavailable, we will use figures from the BIA
Indian Population and Labor Force Report. If not all eligible Tribes
apply, the available funds will be divided proportionally among the
Tribes which do apply and meet the requirements.
Because section 304 of the Act specifies a minimum base amount for
State allocations, we have set a base amount for Native American Tribal
allocations. Since FY 1986, we have found, in practice, that the
establishment of a base amount has facilitated our efforts to make a
fair and equitable distribution of limited grant funds.
Due to the expanded interest in the prevention of family violence
and in the provision of services to victims of family violence and
their dependents, we have received an increasing number of tribal
applications over the past several years. In order to ensure the
continuance of an equitable distribution of family violence prevention
and services funding in response to the increased number of tribes that
apply, we have changed the funding formula for the allocation of family
violence funds.
In addition to the consideration of the applicant tribe being over
or under a 3,000 member residential census we now consider the ratio of
the tribe's population to the total population of all the tribes that
have applied for these funds.
Native American Tribes which meet the application requirements and
whose reservation and surrounding Tribal Trust Lands population is:
Less than 1,500 will receive a minimum base amount of
$1,500;
Greater than 1,500 but less than 3,001 will receive a
minimum base amount of $3,000;
Between 3,001 and 4,000 will receive a minimum base amount
of $4,000; and
Between 4,001 and 5,000 will receive a minimum base amount
of $5,000.
The minimum base amounts are in relation to the Tribe's population
and the progression of an additional $1,000 per 1,000 persons in the
population range continues until the Tribe's population is 50,000.
Tribes with a population of 50,000 to 100,000 will receive a
minimum of $50,000, and Tribes with a population of 100,001 to 150,000
will receive a minimum of $100,000.
Once the base amounts have been distributed to the Tribes that have
applied for family violence funding, the ratio of the Tribe's
population to the total population of all the applicant Tribes is then
considered in allocating the remainder of the funds. With the
distribution of a proportional amount plus a base amount to the Tribes
we have accounted for the variance in actual population and scope of
the family violence programs. Under the previous allocation plan we did
not have a method by which to consider the variance in tribal census
counts. As in previous years, Tribes are encouraged to apply as
consortia for the family violence funding.
Part III. General Grant Requirements Applicable to States and Native
American Tribes
A. Definitions
States and Native American Tribes should use the following
definitions in carrying out their programs. The definitions are found
in section 309 of the Act.
(1) Family Violence: Any act or threatened act of violence,
including any forceful detention of an individual, which (a) results or
threatens to result in physical injury and (b) is committed by a person
against another individual (including an elderly person) to whom
[[Page 27049]]
such person is or was related by blood or marriage or otherwise legally
related or with whom such person is or was lawfully residing.
(2) Shelter: The provision of temporary refuge and related
assistance in compliance with applicable State law and regulation
governing the provision, on a regular basis, which includes shelter,
safe homes, meals, and related assistance to victims of family violence
and their dependents.
(3) Related assistance: The provision of direct assistance to
victims of family violence and their dependents for the purpose of
preventing further violence, helping such victims to gain access to
civil and criminal courts and other community services, facilitating
the efforts of such victims to make decisions concerning their lives in
the interest of safety, and assisting such victims in healing from the
effects of the violence. Related assistance includes:
(a) Prevention services such as outreach and prevention services
for victims and their children, employment training, parenting and
other educational services for victims and their children, preventive
health services within domestic violence programs (including nutrition,
disease prevention, exercise, and prevention of substance abuse),
domestic violence prevention programs for school age children, family
violence public awareness campaigns, and violence prevention counseling
services to abusers;
(b) Counseling with respect to family violence, counseling or other
supportive services by peers individually or in groups, and referral to
community social services;
(c) Transportation, technical assistance with respect to obtaining
financial assistance under Federal and State programs, and referrals
for appropriate health-care services (including alcohol and drug abuse
treatment), but does not include reimbursement for any health-care
services;
(d) Legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(e) Children's counseling and support services, and child care
services for children who are victims of family violence or the
dependents of such victims.
B. Expenditure Periods
The family violence prevention funds under the Act may be used for
expenditures on and after October 1 of each fiscal year for which they
are granted, and will be available for expenditure through September 30
of the following fiscal year, i.e., FY 1997 funds may be used for
expenditures from October 1, 1996 through September 30, 1998.
Reallotted funds, if any, are available for expenditure until the
end of the fiscal year following the fiscal year that the funds became
available for reallotment. FY 1997 grant funds which are made available
to the States through reallotment, under section 304(d)(1), must be
expended by the State no later than September 30, 1998.
C. Reporting Requirements: New State Performance Report
The Crime Bill amended the Act to add new reporting requirements
for States in section 303(a)(4). This section requires that States file
a performance report with the Department describing the activities
carried out, and including an assessment of the effectiveness of those
activities in achieving the purposes of the grant. A section of this
performance report must be completed by each grantee or subgrantee that
performed the direct services contemplated in the State's application
certifying performance of such services.
The Performance Report may include examples of success stories
about the services which were provided and the positive impact on the
lives of children and families and should include the following
information: an explanation of the activities carried out, including
and assessment of the major activities supported by the family violence
funds, what specific priorities within the State, Tribe, or Tribal
organization were assessed, and what special emphases were placed on
these activities; e.g., including under-served populations and a
description of the specific services and facilities that your agency
funded, contracted with, or otherwise used in the implementation of
your program (e.g., shelters, safehouse, related assistance, programs
for batterers).
Performance reports are due on an annual basis at the end of the
calendar year (December 29).
The statute also requires the Department to suspend funding for an
approved application if any applicant fails to submit an annual
performance report or if the funds are expended for purposes other than
those set forth under this announcement.
D. Reporting Requirements; Departmental Grants Management Reports
All State and Native American Tribal grantees are reminded that the
annual Program Reports and annual Financial Status Reports (Standard
Form 269) are due 90 days after the end of each Federal fiscal year,
i.e., reports are due on December 29 of each year.
E. Required Certifications
All applications must submit or comply with the required
certifications found at Appendix C as follows:
Anti-Lobbying Certification and Disclosure Form must be
signed and submitted with the application: If applicable, a standard
Form LLL, which discloses lobbying payments must be submitted.
Certification Regarding Drug-Free Workplace Requirements
and the Certification Regarding Debarment: The signature on the
application by the chief program official attests to the applicants
intent to comply with the Drug-Free Workplace requirements and
compliance with the Debarment Certification. The Drug-Free Workplace
and Debarment certification do not have to be returned with the
application.
Certification Regarding Environmental Tobacco Smoke: The
signature on the application by the chief program official attests to
the applicants intent to comply with the requirements of the Pro-
Children Act of 1994 (Act). The applicant further agrees that it will
require the language of this certification be included in any sub-
awards which contain provisions for children's services and that all
grantees shall certify accordingly.
Part IV. Application Requirements for States
A. Eligibility: States
``States'' as defined in section 309(6) of the Act are eligible to
apply for funds. The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the remaining eligible entity previously a part of
the Trust Territory of the Pacific Islands--the Republic of Palau.
In the past, Guam, the Virgin Islands and the Commonwealth of the
Northern Mariana Islands have applied for funds as a part of their
consolidated grant under the Social Services Block grant (the Republic
of Palau has applied for funds through the Community Services Block
Grant). These jurisdictions need not submit an application under this
Program Announcement if they choose to have their allotment included as
part of a consolidated grant application.
B. Approval/Disapproval of a State's Application
The Secretary will approve any application that meets the
requirements
[[Page 27050]]
of the Act and this announcement and will not disapprove any such
application except after reasonable notice of the Secretary's intention
to disapprove has been provided to the applicant and after a 6-month
period providing an opportunity for applicant to correct any
deficiencies.
The notice of intention to disapprove will be provided to the
applicant within 45 days of the date of the application.
C. Content of the State Application
The State's application must be signed by the Chief Executive of
the State or the Chief Program Official designated as responsible for
the administration of the Act.
All applications must contain the following information or
documents:
(1) The name of the State agency, the name of the Chief Program
Official designated as responsible for the administration of funds
under this Act, and the name of a contact person if different from the
Chief Program Official (section 303(a)(2)(D)).
(2) A plan describing in detail how the needs of underserved
populations will be met, including populations underserved because of
ethnic, racial, cultural, language diversity or geographic isolation
(section 303(a)(2)(c)).
(a) Identify the underserved populations that are being targeted
for outreach and services.
(b) In meeting the needs of the underserved population, describe
the domestic violence training that will be provided to the individuals
who will do the outreach and intervention to these populations.
Describe the specific service environment, e.g., new shelters, services
for the battered elderly, women of color etc.
(c) Describe the public information component of the State's
outreach program; describe the elements of your program that are used
to explain domestic violence, the most effective and safe ways to seek
help, identify available resources, etc.
(3) Provide a complete description of the process and procedures
used to involve State domestic violence coalitions and other
knowledgeable individuals and interested organization to assure an
equitable distribution of grants and grant funds within the State and
between rural and urban areas in the State (sections 303(a)(2)(C) and
311(a)(5)).
(4) Provide a complete description of the process and procedures
implemented that allow for the participation of the State domestic
violence coalition in planning and monitoring the distribution of grant
funds and determining whether a grantee is in compliance with sections
303(a)(2)(A), 303(a)(3) and 311(a)(5).
(5) Provide a copy of the procedures developed and implemented that
assure the confidentiality of records pertaining to any individual
provided family violence prevention or treatment services by any
program assisted under the Act (section 303(a)(2)(E)).
(6) Include a description of how the State plans to use the grant
funds, a description of the target population, and the expected results
from the use of the grant funds (section 303(a)(4)).
(7) Provide a copy of the law or procedures that the State has
implemented for the eviction of an abusive spouse from a shared
household (section 303(a)(2)(F)).
All applications must contain the following assurances:
(a) That grant funds under the Act will be distributed to local
public agencies and nonprofit private organizations (including
religious and charitable organizations and voluntary associations) for
programs and projects within the State to prevent incidents of family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents in order to prevent
future violent incidents (section 303(a)(2)(A)).
(b) That not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance to the victims of
family violence and their dependents and not less than 25 percent of
the funds distributed shall be used to provide related assistance
(section 303(f)).
(c) That not more than 5 percent of the funds will be used for
State administrative costs (section 303(a)(2)(B)(i)).
(d) That in distributing the funds, the States will give special
emphasis to the support of community-based projects of demonstrated
effectiveness carried out by non-profit private organizations,
particularly those projects the primary purpose of which is to operate
shelters for victims of family violence and their dependents and those
which provide counseling, advocacy, and self-help services to victims
and their children (section 303(a)(2)(B)(ii)).
(e) That grants funded by the States will meet the matching
requirements in section 303(e), i.e., not less than 20 percent of the
total funds provided for a project under this title with respect to an
existing program, and with respect to an entity intending to operate a
new program under this title, not less than 35 percent. The local share
will be cash or in kind; and the local share will not include any
Federal funds provided under any authority other than this Title
(section 303(e)). (This is a new provision added in the 1996 CAPTA
reauthorization.)
(f) That grant funds made available under this program by the State
will not be used as direct payment to any victim or dependent of a
victim of family violence (section 303(c)).
(g) That no income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out the Act (section 303(d)).
(h) That the address or location of any shelter-facility assisted
under the Act will not be made public, except with the written
authorization of the person or persons responsible for the operation of
such shelter (section 303(a)(2)(E)).
(i) That all grants made by the State under the Act will prohibit
discrimination on the basis of age, handicap, sex, race, color,
national origin or religion (section 307).
(j) That funds made available under the FVPSA be used to supplement
and not supplant other Federal, State, and local public funds expended
to provide services and activities that promote the purposes of the
FVPSA.
(k) That States will comply with the applicable Departmental
recordkeeping and reporting requirements and general requirements for
the administration of grants under 45 CFR Parts 74 and 92.
Part V. Application Requirements for Native American Tribes and Tribal
Organizations
A. Eligibility: Native American Tribes and Tribal Organizations
As described above, Native American Tribes and Tribal organizations
are eligible for funding under this program if they meet the definition
of such entities as found in subsections (b) and (c) of section 4 of
the Indian Self-Determination and Education Assistance Act and are able
to demonstrate their capacity to carry out a family violence prevention
and services program.
A list of currently eligible Native American Tribes and Tribal
organizations is found at Appendix B of this Announcement. Any Native
American Tribe or Tribal organization that believes it meets the
eligibility criteria and should be included in the list of eligible
tribes should provide supportive documentation and a request for
inclusion in its application. (See Application Content Requirements
below.)
As in previous years, Native American Tribes may apply singularly
or as a consortium. In addition, a non-
[[Page 27051]]
profit private organization, approved by a Native American Tribe for
the operation of a family violence shelter on a reservation is eligible
for funding.
B. Approval/Disapproval of a Native American Tribes Application
The Secretary will approve any application that meets the
requirements of the Act and this Announcement, and will not disapprove
an application unless the Native American Tribe or Tribal organization
has been given reasonable notice of the Department's intention to
disapprove and an opportunity to correct any deficiencies (section
303(B)(2)).
C. Native American Tribe/Tribal Organization Application Content
Requirements
The application from the Native American Tribe, Tribal
organization, or nonprofit private organization approved by an eligible
Native American Tribe, must be signed by the Chief Executive Officer of
the Native American Tribe or Tribal organization.
All applications must contain the following information/documents:
(1) The name of the organization or agency and the Chief Program
Official designated as responsible for administering funds under the
Act, and the name, telephone number, and fax number, if available, of a
contact person in the designated organization or agency.
(2) A copy of a current resolution stating that the designated
organization or agency has the authority to submit an application on
behalf of the Native American individuals in the Tribe(s) and to
administer programs and activities funded under this program (section
303(b)(2)).
(3) A description of the procedures designed to involve
knowledgeable individuals and interested organizations in providing
services under the Act (section 303(b)(2)). For example, knowledgeable
individuals and interested organizations may include: Tribal officials
or social services staff involved in child abuse or family violence
prevention, Tribal law enforcement officials, representatives of State
coalitions against domestic violence, and operators of family violence
shelters and service programs.
(4) A description of the Tribe's operation of and/or capacity to
carry out a family violence prevention and services program. This might
be demonstrated in ways such as the following:
(a) The current operation of a shelter, safehouse, or family
violence prevention program;
(b) The establishment of joint or collaborative service agreements
with a local public agency or a private non-profit agency for the
operation of family violence prevention activities or services; or
(c) The operation of social services programs as evidenced by
receipt of ``638'' contracts with the Bureau of Indian Affairs (BIA);
Title II Indian Child Welfare grants from the BIA; Child Welfare
Services grants under Title IV-B of the Social Security Act; or Family
Preservation and Family Support grants under title IV-B of the Social
Security Act.
(5) A description of the services to be provided, how the Native
American Tribe or Tribal organization plans to use the grant funds to
provide the direct services, to whom the services will be provided, and
the expected results of the services.
(6) Documentation of the procedures that assure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services by any program assisted under the Act
(section 303(a)(2)(E)).
(7) The EIN number of the Native American tribe, Tribal
organization, or non-profit organization submitting the application.
Each application must contain the following assurances:
(a) That not less than 70 percent of the funds shall be used for
immediate shelter and related assistance for victims of family violence
and their dependents and not less than 25% of the funds distributed
shall be used to provide related assistance (section 303(f)).
(b) That grant funds made available under the Act will not be used
as direct payment to any victim or dependent of a victim of family
violence (section 303(c)).
(c) That the address or location of any shelter or facility
assisted under the Act will not be made public, except with the written
authorization of the person or persons responsible for the operations
of such shelter (section 303(a)(2)(E)).
(d) That law or procedure has been implemented for the eviction of
an abusing spouse from a shared household (section 303(a)(2)(F)).
Part VI. Other Information
A. Notification Under Executive Order 12372
For States, this program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs,'' for State plan
consolidation and implication only--45 CFR 100.12. The review and
comment provisions of the Executive Order and Part 100 do not apply.
Federally-recognized Native American Tribes are exempt from all
provisions and requirements of E.O. 12372.
B. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this notice have been
approved by the Office of Management and Budget under control number
0970-0062.
C. Certifications
Applications must comply with the required certifications found at
Appendix C as follows:
Anti-Lobbying Certification and Disclosure Form. Pursuant to 45 CFR
Part 93, the certification must be signed and submitted with the
application. If applicable, a standard form LLL, which discloses
lobbying payments must be submitted.
Certification Regarding Drug-Free Workplace Requirements and the
Certification Regarding Debarment: The signature on the application by
the chief program official attests to the applicants intent to comply
with the Drug-Free Workplace requirements and compliance with the
Debarment Certification. The Drug-Free Workplace and Debarment
certifications do not have to be returned with the application.
Certification Regarding Environmental Tobacco Smoke: The signature
on the application by the chief program official attests to the
applicants intent to comply with the requirements of the Pro-Children
Act of 1994. The applicant further agrees that it will require the
language of this certification be included in any sub-awards which
contain provisions for children's services and that all grantees shall
certify accordingly.
(Catalog of Federal Domestic Assistance number 93.671, Family
Violence Prevention and Services)
Dated: May 8, 1997.
Donald Sykes,
Director, Office of Community Services.
BILLING CODE 4184-01-P
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BILLING CODE 4184-01-C
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Appendix B
------------------------------------------------------------------------
State Tribe name
------------------------------------------------------------------------
AK.......................... Chevak Native Village
AK.......................... Lime Village
AK.......................... Village of Aniak
AK.......................... Anvic Village
AK.......................... Village of Artic Village
AK.......................... Native Village of Atka
AK.......................... Levelock Village
AK.......................... Village of Atmautluak
AK.......................... Atqasuk Village
AK.......................... New Stuyahok Village
AK.......................... Village of Chefomak
AK.......................... Village of Anaktuvuk Pass
AK.......................... Chickaloon Native Village
AK.......................... Native Village of Chignik
AK.......................... Native Village of Larsen Bay
AK.......................... Native Village of Chignik
AK.......................... Chignik Lake Village
AK.......................... Chilkat Indian Village
AK.......................... Chilkoot Indian Association
AK.......................... Native Village of Kwinhagak
AK.......................... Native Village of Chenega (IRA)
AK.......................... Native Village of Mekoryuk
AK.......................... Nenana Native Association
AK.......................... Native Village of Nelson Lagoon
AK.......................... Native Village of Napaskiak
AK.......................... Native Village of Napaimute
AK.......................... Native Village of Napakiak (IRA)
AK.......................... Native Village of Nanwalek
AK.......................... Naknek Native Village
AK.......................... Asa' Carsarmuit Tribe of Mt.
AK.......................... Angoon Community
AK.......................... Mentasta Lake Village
AK.......................... Yupiit of Andreafski
AK.......................... McGrath Native Village
AK.......................... Native Village of Mary's Igloo
AK.......................... Native Village of Marshall (aka)
AK.......................... Manokotak Village
AK.......................... Manley Hot Springs Village
AK.......................... Village of Lower Kalskag
AK.......................... Native Village of Ambler
AK.......................... Metlakatla Indian Community
AK.......................... Koyukuk Native Village
AK.......................... Native Village of Mento (IRA)
AK.......................... Native Village of Kipnuk
AK.......................... Native Village of Kwigillingok (IRA)
AK.......................... Healy Lake Village
AK.......................... Knit Tribe
AK.......................... Holy Cross Village
AK.......................... Hoonah Indian Association
AK.......................... Native Village of Hooper Bay
AK.......................... Hughes Village
AK.......................... Native Village of Kluti-Kaah
AK.......................... Native Village of Kobuk
AK.......................... Native Village of Kivalina (IRA)
AK.......................... Kokhanok Village
AK.......................... Huslia Village
AK.......................... King Island Native Community (IRA)
AK.......................... Agdaagux Tribe of King Cove
AK.......................... Native Village of Kiana
AK.......................... Native Village of Karluk (IRA)
AK.......................... Organized Village of Kasaan
AK.......................... Native Village of Kasiglik
AK.......................... Kenaitze Indian Tribe (IRA)
AK.......................... Ketchikan Indian Corporation
AK.......................... Klawock Cooperative
AK.......................... Native Village of Eek
AK.......................... Newtok Village
AK.......................... Chinik Eskimo Community (aka)
AK.......................... Native Village of Koyuk (IRA)
AK.......................... Native Village of Dilligham
AK.......................... Native Village of Diomede
AK.......................... Village of Dot Lake
AK.......................... Douglas Indian Association
AK.......................... Native Village of Eagle
AK.......................... Noorvik Native Community
AK.......................... Village of Hotlik
AK.......................... Organized Village of Kwethluk (IRA)
AK.......................... Egegik Village
AK.......................... Eklutna Native Village
AK.......................... Native Village of Ekuk
AK.......................... Ekwok Village
AK.......................... Native Village of Goodnews
AK.......................... Organized Village of Grayling
AK.......................... Gulkana Village
AK.......................... Native Village of Kongiganak
AK.......................... Koliganet Village
AK.......................... Native Village of Kotzebue
AK.......................... Seldovia Village Tribe
AK.......................... Rampart Village
AK.......................... Village of Red Devil
AK.......................... Native Village of Ruby
AK.......................... Iqurmuit Tribe (Russian
AK.......................... Village of Salamatof
AK.......................... Qagun Tayagungin Tribe of
AK.......................... Native Village of Savoonga (IRA)
AK.......................... Organized Village of Saxman
AK.......................... Native Village of Solomon
AK.......................... Native Village of Selawik (IRA)
AK.......................... Native Village of Port Heiden
AK.......................... Shageluk Native Village (IRA)
AK.......................... Native Village of Shaktoolik
AK.......................... Native Village of Sheldon`s
AK.......................... Native Village of Shishmaref
AK.......................... Shoonaq' Tribe of Kodiak
AK.......................... Native Village of Shungnak
AK.......................... Sitka Tribe of Alaska (IRA)
AK.......................... Skaguay Traditional Council
AK.......................... Newhalen Village
AK.......................... Native Village of Scammon Bay
AK.......................... Petersburg Indian Association
AK.......................... Northway Village
AK.......................... Native Village of Nuiqsut
AK.......................... Nulato Village
AK.......................... Native Village of Nunapitchuk
AK.......................... Native Village of Ohogamiut
AK.......................... Village of Old Harbor
AK.......................... Orutsararmuit Native Council,
AK.......................... Oscarville Traditional Council
AK.......................... Native Village of Ouzinkie
AK.......................... Portage Creek Village
AK.......................... Native Village of Perryville (IRA)
AK.......................... Native Village of Port Lions
AK.......................... Native Village of Piamiut
AK.......................... Native Village of Pilot Point
AK.......................... Pilot Station Traditional Council
AK.......................... Native Village of Pitka`s Point
AK.......................... Platinum Traditional Village
AK.......................... Native Village of Point Hope
AK.......................... Native Village of Point Lay
AK.......................... Port Graham Village
AK.......................... South Naknek Village
AK.......................... Pedro Bay Village
AK.......................... Native Village of Paimiut
AK.......................... Village of Sleetmute
AK.......................... Native Village of Unalakleet
AK.......................... Native Village of Unga
AK.......................... Qawalangin Tribe of Unalaska,
AK.......................... Village of Wainwright
AK.......................... Native Village of Wales (IRA)
AK.......................... Native Village of White
AK.......................... Wrangell Cooperative
AK.......................... Ugashik Village
AK.......................... Village of Ohogamiut
AK.......................... Native Village of Tyonek (IRA)
AK.......................... Qagan Tayagungin Tribe
AK.......................... Nondalton Village
AK.......................... Nome Eskimo Community (IRA)
AK.......................... Native Village of NoatAK (IRA)
AK.......................... Ninilchik Village Traditional
AK.......................... Native Village of Nikolski (IRA)
AK.......................... Nikolai Village
AK.......................... Native Village of Nightmute
AK.......................... Yakutat Tlingit Tribe
AK.......................... Native Village of Tazlina
AK.......................... St. George Island
AK.......................... Native Village of St. Michael
AK.......................... Aleut Community of St. Paul
AK.......................... Stebbins Community
AK.......................... Native Village of Stevens (IRA)
AK.......................... Village of Stoney River
AK.......................... Takotna Village
AK.......................... Native Village of Tanacross
AK.......................... Umkumiut Native Village
AK.......................... Native Village of Tatitlek (IRA)
AK.......................... Native Village of Hamilton
AK.......................... Telida Village
AK.......................... Native Village of Teller
AK.......................... Native Village of Tetlin (IRA)
AK.......................... Traditional Village of Togiak
AK.......................... Native Village of Toksook Bay
AK.......................... Tuluksak Native Community
AK.......................... Native Village of Tuntutuliak
AK.......................... Native village of Tununak (IRA)
AK.......................... Twin Hills Village
AK.......................... Native Village of Tanana (IRA)
AL.......................... Poarch Band of Creek Indians
AZ.......................... AK Chin Indian Community
AZ.......................... San Juan Southern Paiute Council
AZ.......................... Yavapai-Prescott Board of Directors
AZ.......................... Yavapai-Apache Community Council
AZ.......................... White Mountain Apache Tribal Council
AZ.......................... Tohono O' odham Council
AZ.......................... Quechan Tribal Council
AZ.......................... San Carlos Tribal Council
AZ.......................... Salt River Pima-Maricopa Indian
AZ.......................... Pascua Yaqui Tribal Council
AZ.......................... Colorado river Tribal Council
AZ.......................... Tonto Apache Tribal Council
AZ.......................... Cocopah Tribal Office
AZ.......................... Kaibab Paiute tribal Council
AZ.......................... Mohave-Apache Community
AZ.......................... Hualapai Tribal Council
AZ.......................... Havasupai Tribal Council
AZ.......................... Hopi Tribal Council
AZ.......................... Gila River Indian Community
CA.......................... Paskenta Band of Nomlaki Indians
CA.......................... Pechanga Band of Mission
CA.......................... Picayune Rancheria
CA.......................... Pinoleville Indian Reservation
CA.......................... Pit River Tribal Council
CA.......................... Potter valley Rancheria
CA.......................... Redding Rancheria
CA.......................... Ramona Band oc Cahuilllla
CA.......................... Coast Indian Community of the
CA.......................... Redwood Valley Rancheria
CA.......................... Pauma Band of Mission Indians
CA.......................... Rincon Band of Mission Indians
CA.......................... Quartz Valley Reservation
CA.......................... Pala Band of Mission
CA.......................... North Fork Rancheria
CA.......................... Morongo Band
CA.......................... Mooretown Rancheria
CA.......................... Middletown Rancheria
CA.......................... Mesa Grande Band of Mission
CA.......................... Manzanita General Council
CA.......................... Robinson Rancheria
[[Page 27054]]
CA.......................... Lyton Rancheria
CA.......................... Scotts Valley Band of Pomo
CA.......................... Los Coyotes Band of Mission
CA.......................... Lone Pine reservation
CA.......................... Laytonville Rancheria
CA.......................... La Posta Band
CA.......................... Manchester/Point Arena
CA.......................... Stewarts Point Rancheria
CA.......................... Yurok Tribe
CA.......................... Viejas Tribal Council
CA.......................... Upper Lake Rancheria
CA.......................... United Auburn Indian
CA.......................... Twenty Nine Palms Band of
CA.......................... Tuolumne Me-wuk Rancheria
CA.......................... Tule River Reservation
CA.......................... Trinidad Rancheria
CA.......................... Torres-Martinez Desert Cahuilla
CA.......................... Timbisha Shoshone Tribe
CA.......................... Table Mountain Rancheria
CA.......................... Table Bluff Rancheria
CA.......................... Santa Ynez Band of Mission
CA.......................... Susanville Rancheria
CA.......................... Bear River Band of Rohnerville
CA.......................... Soboba Band of Mission Indians
CA.......................... Smith River Rancheria
CA.......................... Shingle Springs Rancheria
CA.......................... Sherwood Valley Rancheria
CA.......................... Fort Independence Reservation
CA.......................... Santa Ysabel Band of Mission
CA.......................... La Jolla Band
CA.......................... Santa Rosa Reservation
CA.......................... Santa Rosa Rancheria
CA.......................... San Pasqual Band
CA.......................... San Manuel Band of Mission
CA.......................... Rumsey Rancheria
CA.......................... Round Valley Reservation
CA.......................... Sycuan Business Committee
CA.......................... Big Lagoon Rancheria
CA.......................... Cahuilla Band of Mission
CA.......................... Cabazon Indians of California
CA.......................... Buena Vista Rancheria
CA.......................... Bridgeport Indian Colony
CA.......................... Blue Lake Rancheria
CA.......................... Karuk Tribe of California
CA.......................... Big Valley Rancheria
CA.......................... Grindstone Rancheria
CA.......................... Campo Band of Mission Indians
CA.......................... Ione Band of Miwok
CA.......................... Bishop Reservation
CA.......................... Berry Creek Rancheria
CA.......................... Benton Paiute Reservation
CA.......................... Barona General Business
CA.......................... Alturas Rancheria
CA.......................... Agua Caliente Tribal Council
CA.......................... Winemucca Indian Colony
CA.......................... Woodfords Community Council
CA.......................... Fort Mohave Tribal Council
CA.......................... Big Pine Reservation
CA.......................... Elem Indian Colony of Pomo
CA.......................... Jackson Rancheria
CA.......................... Big Sandy Rancheria
CA.......................... Jamul Band of Mission Indians
CA.......................... Cedarville Rancheria
CA.......................... Hoopa Valley Tribal Council
CA.......................... Guidiville Rancheria
CA.......................... Greenville Rancheria
CA.......................... Chemehuevi Tribal Council
CA.......................... Inaja-Cosmit Band of Mission
CA.......................... Elk Valley Rancheria
CA.......................... Hopland Reservation
CA.......................... Dry Creek Rancheria
CA.......................... Cuyapaipe Band of Mission
CA.......................... Coyote Valley Reservation
CA.......................... Cortina Rancheria
CA.......................... Colusa Rancheria
CA.......................... Cold Springs Rancheria
CA.......................... Cloverdale Rancheria
CA.......................... Chico Rancheria
CA.......................... Chicken Ranch Rancheria
CA.......................... Fort Bidwell Reservation
CO.......................... Southern Ute Tribe
CT.......................... Mohegan Tribe of Indians of
FL.......................... Seminole Tribe of Florida
IA.......................... Sac & Fox Tribal Council
ID.......................... Northwestern Band of Shoshoni
ID.......................... Nez Perce Tribal Executive
ID.......................... Kootenai Tribal Council
ID.......................... Fort Hall Business Council
ID.......................... Coeur D' Alene Tribal Council
KS.......................... Prairie Band Potawatomi of
KS.......................... Kickapoo Tribe of Kansas
ME.......................... Passamaquoddy-Indian
ME.......................... Passamaquoddy-Pleasant Point
ME.......................... Penobscot Nation
MI.......................... Little Traversa Bay Band of
MI.......................... Saginaw Chippewa Tribal
MI.......................... Bay Mills Executive Council
MI.......................... Lac Vieux Desert Band of Lake
MI.......................... Grand Traverse Tribal Council
MI.......................... Hannahville Indian Community
MI.......................... Keweenaw Bay Tribal Council
MI.......................... Sault Ste. Marie Chippewa
MI.......................... Pokagon Band of Potawatomi
MI.......................... Little River Band of Ottawa
MN.......................... Mille Lacs Reservation Business
MN.......................... White Earth Reservation
MN.......................... Prairie Island Community
MN.......................... Leech Lake Reservation
MN.......................... Shakopee Sioux Business
MN.......................... Upper Sioux Board of Trustees
MN.......................... Red Lake Band of Chippewa
MN.......................... Fond du Lac Reservation
MN.......................... Bois Forte Reservation Tribal
MN.......................... Minnesota Chippewa Tribal
MN.......................... Lower Sioux Indian Community
MN.......................... Grand Portage Reservation
MO.......................... Eastern Shawnee Tribe of
MT.......................... Confederated Salish & Kootenai
ND.......................... Three Affiliated Tribes Business
ND.......................... Standing Rock Sioux Tribe
ND.......................... Turtle Mountain Tribal Council
NE.......................... Winnebago Tribal Council
NM.......................... Pueblo of Santa Ana
NM.......................... Pueblo of Tesuque
NM.......................... Pueblo of Taos
NM.......................... Pueblo of Santa Clara
NM.......................... Pueblo of Sandia
NM.......................... Pueblo of San Juan
NM.......................... Pueblo of San Felipe
NM.......................... Pueblo of San Ildefonso
NM.......................... Pueblo of Santo Domingo
NV.......................... South Fork Band Council
NV.......................... Moapa Band of Paiute
NV.......................... Lovelock Tribal Council
NV.......................... Pyramid Lake Paiute Tribal
NV.......................... Reno-Sparks Tribal Council
NV.......................... Shoshone Paiute Business
NV.......................... Summit Lake Paiute Council
NV.......................... Battle Mountain Band Council
NV.......................... Wells Indian Colony Band
NV.......................... Walker River Paiute tribal Council
NV.......................... Washoe Tribal Council
NV.......................... Carson Colony Community
NV.......................... Dresslerville Community
NV.......................... Stewart Community Council
NV.......................... Yomba Tribal Council
NV.......................... Las Vegas Tribal Council
NV.......................... Tribal Council of the Te-Moak
NV.......................... Yerington Paiute Tribal Council
NV.......................... Fort McDermitt Tribal Council
NV.......................... Fallon Business Council
NV.......................... Ely Colony Council
NV.......................... Elko Band Council
NV.......................... Duckwater Shoshone Tribal
NY.......................... Oneida Indian Nation of New
NY.......................... Onondaga Nation
NY.......................... Seneca Nation of Indians
OK.......................... Kaw Executive Committee
OK.......................... Miami Tribe of Oklahoma
OK.......................... Kickapoo of Oklahoma Business
OK.......................... Kialegee Tribal Town
OK.......................... Cherokee Nation of Oklahoma
OK.......................... Alabama-Quassarte Tribal
OK.......................... Ponca Business Committee
OK.......................... Kiowa Business Committee
OK.......................... Otoe-Missouria Tribal Council
OK.......................... Choctaw Nation of Oklahoma
OK.......................... Iowa Tribe of Oklahoma
OK.......................... Modok Tribe of Oklahoma
OK.......................... Osage Nation of Oklahoma
OK.......................... Ottawa Tribe of Oklahoma
OK.......................... Wyandotte Tribe of Oklahoma
OK.......................... Pawnee Business Council
OK.......................... Peoria Indian Tribe of Oklahoma
OK.......................... Quapaw Tribal Business
OK.......................... United Keetoowah Band of
OK.......................... Chickasaw Nation
OK.......................... Muscogee Creek Nation of
OK.......................... Thlopthlocco Tribal Town
OK.......................... Seminole Nation of Oklahoma
OK.......................... Seneca-Cayuga Tribe of
OR.......................... Confederated Tribes of the Grande
OR.......................... Klamath General Council
OR.......................... Cow Creek Band of Umpqua
OR.......................... Confederated Tribes of the
OR.......................... Confederated Tribes of Coos
OR.......................... Burns-Paiute General Council
OR.......................... Coquille Indian Tribes
RI.......................... Narrangansett Indian Tribe
SD.......................... Sisseton-Wahpeton Sioux Tribal
SD.......................... Yankton Sioux Tribal Business
TX.......................... Kickapoo Traditional Tribe
UT.......................... Goshute Business Council
UT.......................... Unitah & Ouray Tribal Business
UT.......................... Skull Valley General Council
UT.......................... Paiute Indian Tribe of Utah
WA.......................... Upper Skagit Tribal Council
WA.......................... Lummi Business Council
WA.......................... Yakama Tribal Council
WA.......................... Kalispel Business Commitee
WA.......................... Muckleshioot Tribal Council
WA.......................... Sauk-Suiattle Tribal Council
WA.......................... Chehalis Business Council
WA.......................... Jamestown S' Klallam Tribal
WA.......................... Colville Business Council
WA.......................... Lower Elwha Community
WA.......................... Makah Tribal Council
WA.......................... Nisqually Indian Community
WA.......................... Nooksac Indian Tribal Council
WA.......................... Port Gamble S' Klallam Tribe
WA.......................... Puyallup Tribal Council
WA.......................... Quileute Tribal Council
WA.......................... Quinault Indian Nation
WA.......................... Hoh Tribal Business Council
WI.......................... Forest County Potawatomi
WI.......................... The Ho-Chunk Nation
[[Page 27055]]
WI.......................... Lac Courte Oreilles Governing
WI.......................... Lac du Flambeau Tribal Council
WI.......................... Bad River Tribal Council
WI.......................... Menominee Indian Tribe of
WI.......................... Onida Tribal Council
WI.......................... Red Cliff Tribal Council
WI.......................... Sokagon Chippewa Tribal
WI.......................... Stockbridge--Munsee Tribal
WI.......................... St. Croix Council
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Appendix C--Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of an
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding
of any Federal contract; the making of any Federal grant, the making
of any Federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and
submit Standard Form--LLL, ``Disclosure Form to Report Lobbying,''
in accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
any employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form --LLL,
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions. Submission of this statement is a prerequisite for
making or entering into this transaction imposed by section 1352,
title 31, U.S. Code. Any person who fails to file the required
statement shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure.
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Signature
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Title
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Organization
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Date
BILLING CODE 4184-01-P
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[GRAPHIC] [TIFF OMITTED] TN16MY97.003
BILLING CODE 4184-01-C
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This certification is required by the regulations implementing
the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F.
Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that
a Federal agency may designate a central receipt point for STATE-
WIDE AND STATE AGENCY-WIDE certifications, and for notification of
criminal drug convictions. For the Department of Health and Human
Services, the central pint is: Division of Grants Management and
Oversight, Office of Management and Acquisition, Department of
Health and Human Services, Room 517-D, 200 Independence Avenue, SW.,
Washington, DC 20201.
Certification Regarding Drug-Free Workplace Requirements (Instructions
for Certification)
1. By signing and/or submitting this application or grant
agreement, the grantee is providing the certification set out below.
2. The certification set out below is a material representation
of fact upon which reliance is placed when the agency awards the
grant. If it is later determined that the grantee knowingly rendered
a false certification, or otherwise violates the requirements of the
Drug-Free Workplace Act, the agency, in addition to any other
remedies available to the Federal Government, may take action
authorized under the Drug-Free Workplace Act.
3. For grantees other than individuals, Alternate I applies.
4. For grantees who are individuals, Alternate II applies.
5. Workplaces under grants, for grantees other than individuals,
need not be identified on the certification. If known, they may be
identified in the grant application. If the grantee does not
identify the workplaces at the time of application, or upon award,
if there is no application, the grantee must keep the identity of
the workplace(s) on file in its office and make the information
available for Federal inspection. Failure to identify all known
workplaces constitutes a violation of the grantee's drug-free
workplace requirements.
6. Workplace identification must include the actual address of
buildings (or parts of buildings) or other sites where work under
the grant takes place. Categorical descriptions may be used (e.g.,
all vehicles of a mass transit authority or State highway department
while in operation, State employees in each local unemployment
office, performers in concert halls or radio studios).
7. If the workplace identified to the agency changes during the
performance of the grant, the grantee shall inform the agency of the
change(s), if it previously identified the workplaces in question
(see paragraph five).
8. Definitions of terms in the Nonprocurement Suspension and
Debarment common rule and Drug-Free Workplace common rule apply to
this certification. Grantees' attention is called, in particular, to
the following definitions from these rules:
Controlled substance means a controlled substance in Schedules I
through V of the Controlled Substances Act (21 U.S.C. 812) and as
further defined by regulation (21 CFR 1308.11 through 1308.15);
Conviction means a finding of guilt (including a plea of nolo
contendere) or imposition of sentence, or both, by any judicial body
charged with the responsibility to determine violations of the
Federal or State criminal drug statutes;
Criminal drug statute means a Federal or non-Federal criminal
statute involving the manufacture, distribution, dispensing, use, or
possession of any controlled substance;
Employee means the employee of a grantee directly engaged in the
performance of work under a grant, including: (i) All direct charge
employees; (ii) All indirect charge employees unless their impact or
involvement is insignificant to the performance of the grant; and,
(iii) Temporary personnel and consultants who are directly engaged
in the performance of work under the grant and who are on the
grantee's payroll. This definition does not include workers not on
the payroll of the grantee (e.g., volunteers, even if used to meet a
matching requirement; consultants or independent contractors not on
the grantee's payroll; or employees of subrecipients or
subcontractors in covered workplaces).
Certification Regarding Drug-Free Workplace Requirements
Alternate I. (Grantees Other Than Individuals)
The grantee certifies that it will or will continue to provide a
drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful
manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in the grantee's workplace and
specifying the actions that will be taken against employees for
violation of such prohibition;
(b) Establishing an ongoing drug-free awareness program to
inform employees about--
(1) The dangers of drug abuse in the workplace;
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee
assistance programs; and
(4) The penalties that may be imposed upon employees for drug
abuse violations occurring in the workplace;
(c) Making it a requirement that each employee to be engaged in
the performance of the grant be given a copy of the statement
required by paragraph (a);
(d) Notifying the employee in the statement required by
paragraph (a) that, as a condition of employment under the grant,
the employee will--
(1) Abide by the terms of the statement; and
(2) Notify the employer in writing of his or her conviction for
a violation of a criminal drug statute occurring in the workplace no
later than five calendar days after such conviction;
(e) Notifying the agency in writing, within ten calendar days
after receiving notice under paragraph (d)(2) from an employee or
otherwise receiving actual notice of such conviction. Employers of
convicted employees must provide notice, including position title,
to every grant officer or other designee on whose grant activity the
convicted employee was working, unless the Federal agency has
designated a central point for the receipt of such notices. Notice
shall include the identification number(s) of each affected grant;
(f) Taking one of the following actions, within 30 calendar days
of receiving notice under paragraph (d)(2), with respect to any
employee who is so convicted--
(1) Taking appropriate personnel action against such an
employee, up to and including termination, consistent with the
requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily in a
drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or
other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-
free workplace through implementation of paragraphs (a), (b), (c),
(d), (e) and (f).
(B) The grantee may insert in the space provided below the
site(s) for the performance of work done in connection with the
specific grant:
Place of Performance (Street address, city, county, state, zip code)
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Check {time} if there are workplaces on file that are not
identified here.
Alternate II. (Grantees Who Are Individuals)
(a) The grantee certifies that, as a condition of the grant, he
or she will not engage in the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance in
conducting any activity with the grant;
(b) If convicted of a criminal drug offense resulting from a
violation occurring during the conduct of any grant activity, he or
she will report the conviction, in writing, within 10 calendar days
of the conviction, to every grant officer or other designee, unless
the Federal agency designates a central point for the receipt of
such notices. When notice is made to such a central point, it shall
include the identification number(s) of each affected grant.
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters--Primary Covered Transactions
Instructions for Certification
1. By singing and submitting this proposal, the prospective
primary participant is providing the certification set out below.
2. The inability of a person to provide the certification
required below will not necessarily result in denial of
participation in this covered transaction. The prospective
participant shall submit an explanation of why it cannot provide the
certification set out below. The certification or explanation will
be considered in connection with the department or agency's
determination whether to enter into this transaction. However,
failure or the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from
participation in this transaction.
3. The certification in this clause is a material representation
of fact upon which
[[Page 27058]]
reliance was placed when the department or agency determined to
enter into this transaction. If it is later determined that the
prospective primary participant knowingly rendered an erroneous
certification, in addition to other remedies available to the
Federal Government, the department or agency may terminate this
transaction for cause or default.
4. The prospective primary participant shall provide immediate
written notice to the department or agency to which this proposal is
submitted if any time the prospective primary participant learns
that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
5. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meanings set out in the
Definitions and Coverage sections of the rules implementing
Executive Order 12549. You may contact the department or agency to
which this proposal is being submitted for assistance in obtaining a
copy of those regulations.
6. The prospective primary participant agrees by submitting this
proposal that, should the proposed covered transaction be entered
into, it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under 48 CFR
part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction,
unless authorized by the department or agency entering into this
transaction.
7. The prospective primary participant further agrees by
submitting this proposal that it will include the clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,'' provided by
the department or agency entering into this covered transaction,
without modification, in all lower tier covered transactions and in
all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that is not proposed for debarment under 48 CFR part 9,
subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from the covered transaction, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Nonprocurement
Programs.
9. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of
these instructions, if a participant in a covered transaction
knowingly enters into a lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4,
suspended debarred, ineligible, or voluntarily excluded from
participation in this transaction, in addition to other remedies
available to the Federal Government, the department or agency may
terminate this transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters--Primary Covered Transactions
(1) The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded by any
Federal department or agency;
(b) Have not within a three-year period preceding this proposal
been convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or
civilly charged by a governmental entity (Federal, State or local)
with commission of any of the offenses enumerated in paragraph
(1)(b) of this certification; and
(d) Have not within a three-year period preceding this
application/proposal had one or more public transactions (Federal,
State or local) terminated for cause or default.
(2) Where the prospective primary participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions
Instructions for Certification
1. By signing and submitting this proposal, the prospective
lower tier participant is providing the certification set out below.
2. The certification in this clause is a material representation
of fact upon which reliance was placed when this transaction was
entered into. If it is later determined that the prospective lower
tier participant knowingly rendered an erroneous certification, in
addition to other remedies available to the Federal Government the
department or agency with which this transaction originated may
pursue available remedies, including suspension and/or debarment.
3. The prospective lower tier participant shall provide
immediate written notice to the person to which this proposal is
submitted if at any time the prospective lower tier participant
learns that its certification was erroneous when submitted or had
become erroneous by reason of changed circumstances.
4. The terms covered transaction, debarred, suspended,
ineligible, lower tier covered transaction, participant, person,
primary covered transaction, principal, proposal, and voluntarily
excluded, as used in this clause, have the meaning set out in the
Definitions and Coverage sections of rules implementing Executive
Order 12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting
this proposal that, [Page 33043] should the proposed covered
transaction be entered into, it shall not knowingly enter into any
lower tier covered transaction with a person who is proposed for
debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,
declared ineligible, or voluntarily excluded from participation in
this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause titled
``Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion-Lower Tier Covered Transaction,'' without
modification, in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
7. A participant in a covered transaction may rely upon a
certification of a prospective participant in a lower tier covered
transaction that it is not proposed for debarment under 48 CFR part
9, subpart 9.4, debarred, suspended, ineligible, or voluntarily
excluded from covered transactions, unless it knows that the
certification is erroneous. A participant may decide the method and
frequency by which it determines the eligibility of its principals.
Each participant may, but is not required to, check the List of
Parties Excluded from Federal Procurement and Nonprocurement
Programs.
8. Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render in
good faith the certification required by this clause. The knowledge
and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these
instructions, if a participant in a covered transaction knowingly
enters into a lower tier covered transaction with a person who is
proposed for debarment under 48 CFR part 9, subpart 9.4, suspended,
debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the
Federal Government, the department or agency with which this
transaction originated may pursue available remedies, including
suspension and/or debarment.
[[Page 27059]]
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by
submission of this proposal, that neither it nor its principals is
presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this
transaction by any Federal department or agency.
(2) Where the prospective lower tier participant is unable to
certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this
proposal.
Certification Regarding Environmental Tobacco Smoke
Public Law 103-227, Part C--Environmental Tobacco Smoke, also
known as the Pro-Children Act of 1994 (Act), requires that smoking
not be permitted in any portion of any indoor routinely owned or
leased or contracted for by an entity and used routinely or
regularly for provision of health, day care, education, or library
services to children under the age of 18, if the services are funded
by Federal programs either directly or through State or local
governments, by Federal grant, contract, loan, or loan guarantee.
The law does not apply to children's services provided in private
residences, facilities funded solely by Medicare or Medicaid funds,
and portions of facilities used for inpatient drug or alcohol
treatment. Failure to comply with the provisions of the law may
result in the imposition of a civil monetary penalty of up to $1000
per day and/or the imposition of an administrative compliance order
on the responsible entity.
By signing and submitting this application the applicant/grantee
certifies that it will comply with the requirements of the Act. The
applicant/grantee further agrees that it will require the language
of this certification be included in any subawards which contain
provisions for the children's services and that all subgrantees
shall certify accordingly.
[FR Doc. 97-12939 Filed 5-15-97; 8:45 am]
BILLING CODE 4184-01-P