[Federal Register Volume 64, Number 14 (Friday, January 22, 1999)]
[Notices]
[Pages 3594-3601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1208]



[[Page 3593]]

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Part II





Department of Health and Human Services





_______________________________________________________________________



Administration for Children and Families



_______________________________________________________________________



Availability of Financial Assistance for the Mitigation of 
Environmental Impacts to Indian Lands Due to Department of Defense 
(DOD) Activities; Notice

  Federal Register / Vol. 64, No. 14 / Friday, January 22, 1999 / 
Notices  

[[Page 3594]]



DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families
[Program Announcement No. 93612-993]


Availability of Financial Assistance for the Mitigation of 
Environmental Impacts to Indian Lands Due to Department of Defense 
(DOD) Activities

AGENCY: Administration for Native Americans (ANA), ACF, DHHS.

ACTION: Announcement of availability of competitive financial 
assistance to assist eligible applicants address environmental problems 
and impacts from DOD activities to Indian lands.

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SUMMARY: The Congress has recognized that DOD activities may have 
caused environmental problems for Indian tribes and Alaska Natives. 
These environmental hazards can negatively impact the health and safety 
as well as the social and economic welfare of Indian tribes and Alaska 
Natives. Accordingly, the Congress has taken steps to help those 
affected begin to mitigate environmental impacts from DOD activities by 
assisting them in the planning, development and implementation of 
programs for such mitigation. This environmental mitigation program was 
begun through a program announcement published on December 29, 1993 as 
a response to the Department of Defense Appropriations Act, Pub.L. 103-
139, which was enacted on November 11, 1993. This program continues 
under Pub.L. 103-335 (the Act), enacted on September 30, 1994. Section 
8094A of the Act states that funds appropriated to the Department of 
Defense (DOD) for Operations and Maintenance Defense-Wide, not less 
than $8,000,000 shall be made available until expended to the 
Administration for Native Americans. Provided that such funds shall be 
made available only for the mitigation of environmental impacts, 
including training and technical assistance to tribes, related 
administrative support, the gathering of information, documenting of 
environmental damage, and developing a system for prioritizing of 
mitigation, on Indian lands resulting from Department of Defense 
activities.

DATES: The closing dates for submission of applications are March 12, 
1999, November 5, 1999 and November 4, 2000.

ADDRESSES: Application Kit: Application kits, approved by the OMB under 
control number 0980-0204, which expires August 31, 1999, containing the 
necessary forms and instructions to apply for a grant under this 
program announcement, may be obtained:

By Mail: Department of Health and Human Services, Administration for 
Children and Families, Administration for Native Americans, 370 
L'Enfant Promenade, SW, Mail Stop HHH 348-F, Washington, DC 20447-0002, 
Attention: Aaron Sadler/Application Kit.
By Telephone: Call Janean Chambers, Telephone: (202) 690-6547.
By Telefax: Fax: (202) 690-7441.
By World-Wide-Web: Copies of this program announcement and many of the 
required forms may be obtained electronically at the ANA World Wide Web 
Page: http://www.acf.dhhs.gov/programs/ana/index.html

    The printed Federal Register notice is the only official program 
announcement. Although all reasonable efforts are taken to assure that 
the files on the ANA World Wide Web Page containing electronic copies 
of this Program Announcement are accurate and complete, they are 
provided for information only. The applicant bears sole responsibility 
to assure that the copy downloaded and/or printed from any other source 
is accurate and complete.

SUPPLEMENTARY INFORMATION:

Part I--Additional Information

A. Introduction and Purpose

    The program announcement states the availability of any unobligated 
fiscal year 1995 financial assistance to eligible applicants using 
funds provided by the DOD through the ANA for the purpose of mitigating 
environmental impacts on Indian lands related to DOD activities.
    Financial assistance awards made under this program announcement 
will be on a competitive basis and the proposals will be reviewed 
against the evaluation criteria in this announcement.
    The Federal government recognizes that substantial environmental 
problems, resultant from defense activities, exist on Indian lands and 
will geographically range from border to border and from coast to 
coast. The nature and magnitude of the problems will most likely be 
better defined when affected Indian tribes and Alaska Natives have 
completed environmental assessments called for in Phase I of this four-
phase program.
    The Federal government has also recognized that Indian tribes, 
Alaska Natives and their tribal organizations must have the opportunity 
to develop their own plans and technical capabilities and access the 
necessary financial and technical resources in order to assess, plan, 
develop and implement programs to mitigate any impacts caused by DOD 
activities.
    The ANA and the DOD recognize the potential environmental problems 
created by DOD activities that may affect air, water, soil and human 
and natural resources (i.e., forests, fish, plants). It is also 
recognized that potential applicants may have specialized knowledge and 
capabilities to address specific concerns at various levels within the 
four phase program.
    Under this announcement proposals will be accepted for any and all 
of the four phases or one specific phase. These phases are:
     Phase I--assessment of Indian lands to develop as complete 
an inventory as possible of environmental impacts caused by DOD 
activities;
     Phase II--identification and exploration of alternative 
means for mitigation of these impacts and determination of the 
technical merit, feasibility and expected costs and benefits of each 
approach in order to select one approach;
     Phase III--development of a detailed mitigation plan, and 
costing and scheduling for implementation of the design, including 
strategies for meeting statutory or regulatory requirements and for 
dealing with other appropriate Federal agencies; and,
     Phase IV--implementation of the mitigation plan.
    The availability of funds is contingent upon sufficient final 
appropriations. Proposed projects will be reviewed on a competitive 
basis against the specific evaluation criteria presented under each 
competitive area in this announcement.
    ANA continues its policy that an applicant may only submit one 
application and no applicant may receive more than one grant including 
any existing ANA grant.
    ANA introduces two new requirements within the review criteria for 
budget proposals in applications. All applicants must clearly 
demonstrate a plan for an employee fringe benefit package which 
includes an employee retirement plan benefit, and the funding of travel 
for key personnel to attend post-award grant management and 
administration training sponsored by ANA.

B. Proposed Projects To Be Funded

    The purpose of this announcement is to invite single year (twelve 
to seventeen months) or multi-year (eighteen to thirty-six months) 
proposals

[[Page 3595]]

from eligible applicants to undertake any or all of the Phases.
    Applicants may apply for projects of up to 36 months duration. A 
multi-year project, requiring more than 12 months to develop and 
complete, affords applicants the opportunity to develop more complex 
and in-depth projects. Funding after the first 12 month budget period 
of an approved multi-year project is non-competitive and subject to 
availability of funds.
    The following are some known areas of concern. It is expected that 
applicants may identify additional areas of concern in their 
applications:
     Damage to treaty protected spawning habitats caused by 
artillery practice or other defense activities;
     Damage to Indian lands and improvements (e.g. wells, 
fences) and facilities caused by bombing practice;
     Damage caused to range and forest lands by gunnery range 
activities;
     Low-level flights over sacred sites and religious 
ceremonies which disrupt spiritual activities;
     Movement of soil covering the remains of buried Indian 
people and artifacts requiring, by tradition, their reburial in 
traditional rituals;
     Operation of dams by the Army Corps of Engineers which has 
had adverse impacts on spawning beds and treaty fishing rights and 
water quality due to problems of siltation; reduced stream flows; 
increased water temperatures; and, dredge and fill problems;
     Leaking of underground storage tanks on lands taken from 
Indians for temporary war-time use by the DOD;
     Unexploded ordnance from gunnery and bombing practice on 
Indian lands resulting in significant damage to rangelands, wildlife 
habitat, stock water wells, etc.;
     Disposal activities related to removal of unexploded 
ordnance, nuclear waste materials, toxic materials, and biological 
warfare materials from Indian lands;
     Transportation of live ordnance, nuclear waste, chemical 
and biological warfare materials from and across Indian lands;
     Seepage of fluids suspected of containing toxic materials 
onto Indian lands;
     Chlorofluorocarbons (CFC's) resulting from abandoned 
containers and/or dumping onto Indian lands;
     Polychlorinated biphenyls (PCB's) from transformers which 
have been abandoned and/or dumped onto Indian lands;
     Public health concerns regarding electromagnetic fields 
surrounding Defense-related transmission facilities which cross Indian 
lands; and
     Reclamation activities required to mitigate any or all of 
the above stated conditions and other activities as they become known.
Phase I
    The purpose of Phase I is to conduct the research and planning 
needed to identify environmental impacts to Indian lands caused by DOD 
activities on or near Indian lands and to plan for remedial 
investigations to determine and carry out a preliminary assessment of 
these problems. These activities may include, but not be limited to, 
the following:
     Conduct site inspections to identify problems and causes 
related to DOD activities;
     Identify and develop approaches to handle raw data that 
will assist in performing comprehensive environmental assessments of 
problems and causes related to DOD activities;
     Identify approaches and develop methodologies which will 
be used to develop the activities to be undertaken in Phases II and 
III;
     Identify other Federal agency programs, if any, that must 
be involved in mitigation activities and their requirements;
     Identify potential technical assistance and expertise 
required to address the activities to be undertaken in Phases II and 
III; and
     Identify other Federal environmental restoration programs 
that could be accessed to cooperatively coordinate and mobilize 
resources in addressing short and long-term activities developed under 
Phase III.
    Phase I should result in adequately detailed documentation of the 
problems and sources of help in solving them to provide a useful basis 
for examining alternative mitigation approaches in Phase II.
Phase II
    The purpose of Phase II activities is to examine alternative 
approaches for mitigation of the impacts identified in Phase I and to 
lead toward the mitigation design to be developed in Phase III. Phase 
II activities may include, but need not be limited to the following:
     Conduct remedial investigation and/or feasibility studies 
as necessary;
     Plan for the design of a comprehensive mitigation strategy 
to address problems identified during Phase I which address areas such 
as land use restoration, clean-up processes, contracting and liability 
concerns; regulatory responsibilities; and resources necessary to 
implement clean up actions;
     Design strategies that coordinate with or are 
complementary to existing DOD cleanup programs such as the Defense 
Environmental Restoration Program which promotes and coordinates 
efforts for the evaluation and cleanup of contamination at DOD 
installations;
     Review possible interim remedial strategies that address 
immediate potential hazards to the public health and environment in 
order to provide alternative measures i.e., providing alternate water 
supplies, removing concentrated sources of contaminants, or 
constructing structures to prevent the spread of contamination;
     Identify specific types of technical assistance and 
management expertise required to assist in developing specific 
protocols for environmental assessments, remedial investigations, 
feasibility studies, interim remedial actions and strategic planning 
for existing and future mitigation activities;
     Review other types of assessments that need to be 
considered, reviewed and incorporated into the conduct and/or design 
process such as:
     Estimates of clean-up cost;
     Estimate of impacts of short-term approach;
     Estimate of impacts of long-term approach;
     Cultural impacts;
     Economic impacts;
     Human health-risk impacts; and
     Document approaches and procedures which have been 
developed in order to negotiate with appropriate Federal agencies for 
necessary cleanup action and to keep the public informed.
    In establishing the basis for a design process, particularly when 
there are multiple problems, the applicants may want to consider a 
prioritization process as follows:
     Emergency situations that require immediate clean-up;
     Time-critical sites, i.e. sites where the situation will 
deteriorate if action is not taken soon;
     Projects with minimum funding requirements;
     Projects with intermediate-level funding requirements;
     Projects with maximum funding requirements.
    Achieving compliance with Federal environmental protection 
legislation is the driving force behind all Federal clean-up 
activities. The following is a list of major Federal environmental 
legislation that should be recognized in a regulatory review as all 
Federal, state and local regulatory requirements which could have major 
impacts in the design of mitigation strategies:
     Indian Environmental General Assistance Program Act of 
1992;

[[Page 3596]]

     Clean Air Act (CAA);
     Clean Water Act (CWA);
     Safe Drinking Water Act (SDWA);
     Surface Mining Control and Reclamation Act of 1977 
(SMCRA);
     Marine Protection, Research and Sanctuaries Act of 1972 
(MPRSA);
     Toxic Substances Control Act (TSCA);
     Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA);
     Nuclear Waste Policy Act of 1982 (NWPA);
     Comprehensive Environmental Resource Conservation and 
Liability Act (CERCLA or Superfund);
     Resource Conservation and Recovery Act of 1976 (RCRA);
     Hazardous and Solid Waste Amendments of 1984 (HSWA);
     National Environmental Policy Act of 1969 (NEPA);
    Other Federal legislation that should be included in the regulatory 
review and that should be of assistance are the tribal specific 
legislative acts, such as:
     American Indian Religious Freedom Act;
     National Historic Preservation Act of 1991;
     Indian Environmental Regulatory Enhancement Act of 1990;
    Other regulatory considerations could involve applicable tribal, 
village, state and local laws, codes, ordinances, standards, etc. which 
should also be reviewed to assist in planning, the mitigation design, 
and development of the comprehensive mitigation strategy.
    Phase II should result in a carefully documented examination of 
alternative approaches and the selection of an approach to be used in 
the Phase III design process.
Phase III
    The purpose of Phase III is the completion of activities initiated 
under Phase II, the initiation of new activities required to implement 
programs, and the design of on-site actions required to mitigate 
environmental damage from DOD activities.
    The Phase III activities may include but need not be limited to:
     Development and implementation of a detailed management 
plan to: Guide corrective action; resolve issues rising from 
overlapping or conflicting jurisdictions; guide a cooperative and 
collaborative effort among all parties to ensure there are no 
duplicative or conflicting regulatory requirements governing the 
cleanup actions; and, establish a tribal or village framework and/or 
parameter(s) that will guide the negotiations process for one or 
multiple cleanup actions;
     Establishment of priorities for mitigation programs when 
there are multiple clean-up sites; consider at a minimum the nature of 
the hazard involved: such as its physical and chemical characteristics, 
including concentrations and mobility of contaminants; the pathway 
indicating potential for contaminant transport via surface water, 
ground water and air/soil, and any other indicators that are identified 
during the environmental assessment, including the prioritization 
process identified under Phase II;
     Program design and implementation of information 
dissemination strategies prior to start up of on-site implementation of 
mitigation program activities;
     Development of a legal and jurisdictional strategy that 
addresses DOD/contractor liability issues to ensure quality, cost-
effective mitigation services, and to evaluate any measures providing 
equitable risk between the DOD and the remediation contractor, as well 
as to incorporate Tribal Employment Rights Office (TERO) and other 
policies and procedures, if required;
     Design of an approval process and other processes 
necessary for the implementation of tribal and village codes and 
regulations for current and future compliance enforcement of all 
mitigation actions;
     Development/design of a documentation strategy to ensure 
all DOD and contractor cleanup activities are conducted and completed 
in a environmentally clean and safe manner for the social and economic 
welfare, as well as public health of Indian and Alaska Native people 
and the surrounding environment;
     Development and conduct of certified training programs 
that will enable a local work force to become technically capable to 
participate in the mitigation activities, if they so choose; and
     Conduct of any other activities deemed necessary to carry 
out Phase I, II and III activities.
    Phase III should result in a comprehensive plan for conducting all 
aspects of mitigation action contemplated.
Phase IV
    The Phase IV activities are the implementation of mitigation plans 
specified in the detailed plan completed in Phase III.

C. Eligible Applicants

    The following organizations are eligible to apply:
     Federally recognized Indian tribes;
     Incorporated Non-Federally and State recognized Indian 
tribes;
     Nonprofit Alaska Native Community entities, including 
Alaska Native villages, or tribal governing bodies (IRA or traditional 
councils) as recognized by the Bureau of Indian Affairs;
     Nonprofit Alaska Native Regional Associations and/or 
Corporations with village specific projects;
     Nonprofit Native organizations in Alaska with village 
specific projects; and
     Other tribal or village organizations or consortia of 
Indian tribes.
    Applicants must comply with the following administrative policies:
     Current grantees under this program may not be eligible 
under this announcement:
     Current grantees under this program whose grant project 
period extends beyond September 30, 1999, or who have requested an 
extension of the grant project beyond that date, are not eligible to 
apply for a grant under this March 12, 1999, deadline of this 
announcement.
     Grantees under this program whose grant project period 
extends beyond September 30, 2000, or who have requested an extension 
of the grant project beyond that date, are not eligible to apply for a 
grant under the November 5, 1999, deadline of this announcement.
     Grantees under this program whose grant project period 
extends beyond September 30, 2001, or who have requested an extention 
of the grant project beyond that date, are not eligible to apply for a 
grant under the November 4, 2000, deadline of this announcement.
     An application from a federally recognized Tribe, Alaska 
Native Village or Native American organization must be from the 
governing body of the Tribe or organization.
     ANA will not accept applications from tribal components 
which are tribally-authorized divisions of a larger tribe, unless the 
application includes a Tribal resolution which clearly demonstrates the 
Tribe's support of the project and the Tribe's understanding that the 
other applicant's project supplants the Tribe's authority to submit an 
application under that specific competitive area both for the current 
competition and for the duration of the approved grant period, should 
the application be funded.
     If a federally recognized Tribe or Alaska Native village 
chooses not to apply, it may support another applicant's project (e.g., 
a tribal organization) which serves or impacts their reservation. In 
this case, the applicant must include a Tribal resolution which clearly 
demonstrates the Tribe's approval of the project and the Tribe's 
understanding that the other

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applicant's project supplants the Tribe's authority to submit an 
application under that specific competitive area both for the current 
competition and for the duration of the approved grant period, should 
the application be funded.
     Any non-profit organization submitting an application must 
submit proof of its non-profit status in the application at the time of 
submission. The non-profit agency can accomplish this by providing a 
copy of the applicant's listing in the Internal Revenue Service's (IRS) 
most recent list of tax exempt organizations described in Section 
501(c)(3) of the IRS code or by providing a copy of the currently valid 
IRS tax exemption certificate, or by providing a copy of the articles 
of incorporation identifying the organization as non-profit and bearing 
the seal of the State in which the corporation or association is 
domiciled.
     If the applicant, other than a tribe or an Alaska Native 
Village government, is proposing a project benefiting Native Americans 
or Native Alaskans, or both, it must provide assurance that its duly 
elected or appointed board of directors is representative of the 
community, to be served. To establish compliance with the requirement 
in the regulations for a Board representative of the community, 
applicants should provide information establishing that at least ninety 
(90) percent of the individuals serving on a non-profit applicant's 
board fall into one or more of the following categories: (1) A current 
or past member of the community to be served; (2) a prospective 
participant or beneficiary of the project to be funded; or (3) have a 
cultural relationship with the community to be served. A list of board 
members with this information including Tribal or Village affiliation, 
is one of the most suitable approaches for demonstrating compliance 
with this requirement.

D. Available Funds

    Subject to availability of funds, approximately $2.5 million of 
financial assistance is available under this program announcement for 
eligible applicants. It is expected that about 10 awards will be made, 
ranging from $100,000 to $1 million.
    Each eligible applicant described above can receive only one grant 
award under this announcement.

E. Grantee Share of Project

    Grantees must provide at least five (5) percent of the total 
approved cost of the project. The total approved cost of the project is 
the sum of the Federal share and the non-Federal share. The non-Federal 
share may be met by cash or in-kind contributions. The funds for the 
match must be from a private source, or state source where the funds 
were not obtained from the Federal government by the state, or a 
Federal source where legislation or regulation authorizes the use of 
these funds for matching purposes.
    Therefore, a project requesting $300,000 in Federal funds, must 
include a match of at least $15,789 (5% total project cost). Applicants 
may request a waiver of the requirement for a 5% non-Federal matching 
share. Since the matching requirement is low it is not expected that 
waivers will be necessary. However, the procedure for requesting a 
waiver can be found in 45 CFR 1336, Subpart E--Financial Assistance 
Provision.
    As per 45 CFR 74.2, In-Kind contributions are defined as ``the 
value of non-cash contributions provided by non-Federal third parties. 
Third party-in kind contributions may be in the form of real property, 
equipment, supplies and other expendable property, and the value of 
goods and services directly benefiting and specifically identifiable to 
the project or program.''
    An itemized budget detailing the applicant's non-Federal share, and 
its source(s), must be included in an application.
    If an applicant plans to charge or otherwise seek credit for 
indirect costs in its ANA application, a current copy of its Indirect 
Cost Agreement must be included in the application.
    It is the policy of ANA to apply the waiver of the non-Federal 
matching share requirement for the purposes of this particular program 
announcement.

F. Review Process

1. Initial Application Review
    Applications submitted by the post-marked date under this program 
announcement will undergo a pre-review to determine that:
     The applicant is eligible in accordance with the Eligible 
Applicants Section of this announcement.
     The application materials submitted are sufficient to 
allow the panel to undertake an in-depth evaluation. (All required 
materials and forms are listed in the Grant Application Checklist.)
    Applications subjected to the pre-review described above which fail 
to satisfy one or more of the listed requirements will be ineligible or 
otherwise excluded from competitive evaluation.
2. Competitive Review of Accepted Applications
    Applications which pass the pre-review will be evaluated and rated 
by an independent review panel on the basis of the specific evaluation 
criteria. These criteria are used to evaluate the quality of a proposed 
project, and to determine the likelihood of its success.
    A proposed project should reflect the purposes stated and described 
in the Introduction and Program Purpose (Section A) of this 
announcement. No additional weight or preference is given to 
applications because of an increased number of phases proposed. Also, 
competition is not based on proposals of the same phase or phases but 
on the merit of the application independent of phase consideration.
    ANA staff cannot respond to requests for information regarding 
funding decisions prior to the official notification to the applicants.
    After the Commissioner has made decisions on all applications, 
unsuccessful applicants are notified in writing within 30 days. The 
notification will be accompanied by a critique including 
recommendations for improving the application.
3. Appeal of Ineligibility
    Applicants who are excluded from competitive evaluation because of 
ineligibility, may appeal an ANA decision of applicant ineligibility. 
Likewise, applicants may also appeal an ANA decision that an 
applicant's proposed activities are ineligible for funding 
consideration. The appeals process is stated in the final rule 
published in the Federal Register on August 19, 1996 (61 FR 42817).

G. Criteria

    The evaluation criteria are:
    (1) Goals and Available Resources (15 points):
    (a) The application presents specific mitigation goals related to 
the proposed project. It explains how the tribe or village intends to 
achieve those goals identified in the application and clearly documents 
the involvement and support of the community in the planning process 
and implementation of the proposed project. The above requirement may 
be met by submission of a resolution by a tribe or tribal organization 
stating that community involvement has occurred in the project planning 
and will occur in the implementation of the project.
    (b) The application identifies and documents pre-existing and 
planned involvement and support of the community in the planning 
process and

[[Page 3598]]

implementation of the proposed project. The type of community you serve 
and nature of the proposal being made, will influence the type of 
documentation necessary. For example, a Tribe may choose to address 
this requirement by submitting a resolution stating that community 
involvement has occurred in the project planning or may determine that 
additional community support work is necessary.
    A tribal organization may submit resolutions supporting the project 
proposal from each of its members tribes, as well as a resolution from 
the applicant organization. Other examples of documentation include: 
Community surveys; minutes of community meetings; questionnaires; 
tribal presentations; and/or discussion/position papers.
    (c) Available resources (other than ANA and the non-Federal share) 
which will assist, and be coordinated with the project are described. 
These resources may be personnel, facilities, vehicles or financial and 
may include other Federal and non-Federal resources.
    These resources should be documented by letters of commitment of 
resources, not merely letters of support. ``Letters of commitment'' are 
binding when they specifically state the nature, the amount, and 
conditions under which another agency or organization will support a 
project funded with ANA funds. ``Letters of support'' merely express 
another organization's endorsement of a proposed project. Support 
letters are not binding commitment letters or do not factually 
establish the authenticity of other resources and do not offer or bind 
specific resources to the project.
    For example, a letter from another Federal agency or foundation 
pledging a commitment of $200,000 in construction funding to complement 
proposed ANA funded pre-construction activity is evidence of a firm 
funding commitment. These resources may be human, natural or financial, 
and may include other Federal and non-Federal resources. Statements 
that additional funding will be sought from other specific sources are 
not considered a binding commitment of outside resources and therefore 
carry less significance.
    Non-ANA resources should be leveraged to strengthen and broaden the 
impact of the proposed project in the community. Project designs should 
explain how those parts of projects which ANA does not fund will be 
financed through other sources. For example, ANA does not fund 
construction. Applicants must show the relationship of non-ANA funded 
activities to those objectives and activities that are funded with ANA 
grant funds.
    (2) Organizational Capabilities and Qualifications (10 points)
    (a) The management and administrative structure of the applicant is 
explained. Evidence of the applicant's ability to manage a project of 
the proposed scope is well defined. The application clearly 
demonstrates the successful management of prior or current projects of 
similar scope by the organization and/or by the individuals designated 
to manage the project.
    (b) Position descriptions and/or resumes of key personnel, 
including those of consultants, are presented. The position 
descriptions and/or resumes relate specifically to the staff proposed 
in the Objective Work Plan and in the proposed budget. Position 
descriptions very clearly describe each position and its duties and 
clearly relate to the personnel staffing required to achieve the 
project objectives. Resumes and/or proposed position descriptions 
demonstrate that the proposed staff are or will be qualified to carry 
out the project activities. Either the position descriptions or the 
resumes contain the qualifications and/or specialized skills necessary 
for overall quality management of the project. Resumes must be included 
if individuals have been identified for positions in the application.

    Note: Applicants are strongly encouraged to give preference to 
Native Americans in hiring staff and subcontracting services under 
an approved ANA grant.

    (3) Project Objectives, Approach and Activities (45 points).
    The Objective Work Plan in the application includes project 
objectives and activities related to the long term goals for each 
budget period proposed and demonstrates that these objectives and 
activities:
     Are measurable and/or quantifiable;
     Are based on a fully described and locally determined 
balanced strategy for mitigation of impacts to the environment;
     Clearly relate to the tribe or village long-range goals 
which the project addresses;
     Can be accomplished with available or expected resources 
during the proposed project period;
     Indicate when the objective, and major activities under 
each objective will be accomplished;
     Specify who will conduct the activities under each 
objective; and
     Support a project that will be completed, self-sustaining, 
or financed by other than ANA funds at the end of the project period.
    (4) Results or Benefits Expected (20 points).
    The proposed project will result in specific measurable outcomes 
for each objective that will clearly contribute to the completion of 
the project and will help the tribe or village meet its goals. The 
specific information provided in the application on expected results or 
benefits for each objective is the basis upon which the outcomes can be 
evaluated at the end of each budget year.
    (5) Budget (10 points).
    There is a detailed budget provided for each budget period 
requested which:
     Fully explains the budget.
     Justifies each line item in the budget categories in 
Section B of the Budget Information of the application, including the 
applicant's non-Federal share and its source.
     Explains sufficiently cost and other detail to facilitate 
the determination of cost allowability and the relevance of these costs 
to the proposed project.
     Demonstrates that the funds requested are appropriate and 
necessary for the scope of the project.
     Includes sufficient funds for principal representatives 
from the applicant organization to travel to one post-award grant 
training and technical assistance conference. This travel and training 
should occur as soon as practical.
     Includes an employee fringe benefit budget that provides 
grant-funded employees with a qualified, self-directed, portable 
retirement plan in addition to Social Security. ANA will fund at least 
five (5) percent of the employer's share, and up to the full grant-
project Federal share of employer contributions when based on a program 
providing benefits equally to all grant-and non-grant employees.
    ANA considers a retirement plan to be a necessary, reasonable and 
allowable cost in accordance with OMB rules. Minimum standards for an 
acceptable retirement fringe benefit plan are:
     The plan must be ``qualified'', i.e., approved by the 
Internal Revenue Service to receive special tax-favored treatment.
     The plan exists for the exclusive benefit of the 
participants; funds are to be used for retirement and certain other 
pre-retirement needs, not for the organization's needs.
     The plan must have a vesting schedule that does not exceed 
the initial budget period of the ANA grant.
     The plan must be a 401(k) for people who work in 
corporations or 403(b) plan for people who work for not-for-profit 
organizations. An alternate proposal may be submitted for review

[[Page 3599]]

and approval during grant award negotiations. Alternate proposals may 
include the use of Individual Retirement Accounts, Money Purchase 
Pension Plans, Defined Benefit Pension Plans, Combination Plans, etc. 
In no case will a non-qualified deferred compensation plan, e.g., 
Supplemental Executive Retirement Plan (SERPs) or Executive Bonus Plan 
be accepted.

H. Contact Information

    Georgeline Sparks, Program Specialist, Department of Health and 
Human Services, Administration for Children and Families, 
Administration for Native Americans, 370 L'Enfant Promenade, SW., Mail 
Stop HHH 348-F, Washington, DC 20447, tel: (202) 690-6420, e-mail: 
GS[email protected]

I. General Guidance to Applicants

    The following is provided to assist applicants to develop a 
competitive application.
    (1) Program Guidance:
     The Administration for Native Americans will fund projects 
that present the strongest prospects for meeting the stated purposes of 
this program announcement. Projects will not be funded on the basis of 
need alone.
     In discussing the problems being addressed in the 
application, relevant historical data should be included so that the 
appropriateness and potential benefits of the proposed project will be 
better understood by the reviewers and decision-maker.
     Supporting documentation, if available, should be included 
to provide the reviewers and decision-maker with other relevant data to 
better understand the scope and magnitude of the project.
    (2) Technical Guidance:
     Applicants are strongly encouraged to have someone other 
than the author apply the evaluation criteria in the program 
announcement and to score the application prior to its submission, in 
order to gain a better sense of its quality and potential 
competitiveness in the review process.
     ANA will accept only one application under this program 
announcement from any one applicant. If an eligible applicant sends two 
applications, the one with the earlier postmark will be accepted for 
review unless the applicant withdraws the earlier application.
     An application from an Indian tribe, Alaska Native Village 
or other eligible organization must be submitted by the governing body 
of the applicant.
     The application's Form 424 must be signed by the 
applicant's representative (tribal official or designate) who can act 
with full authority on behalf of the applicant.
     The Administration for Native Americans suggests that the 
pages of the application be numbered sequentially from the first page 
and that a table of contents be provided. The page numbering, along 
with simple tabbing of the sections, would be helpful and allows easy 
reference during the review process.
     Two (2) copies of the application plus the original are 
required.
     The Cover Page should be the first page of an application, 
followed by the one-page abstract.
     Section B of the Program Narrative should be of sufficient 
detail as to become a guide in determining and tracking project goals 
and objectives.
     The applicant should specify the entire length of the 
project period on the first page of the Form 424, Block 13, not the 
length of the first budget period. ANA will consider the project period 
specified on the Form 424 as governing.
     Line 15a of the Form 424 should specify the Federal funds 
requested for the first Budget period, not the entire project period.
     Applicants proposing multi-year projects need to describe 
and submit project objective workplans and activities for each budget 
period. (Separate itemized budgets for the Federal and non-Federal 
costs should be included).
     Applicants for multi-year projects must justify the entire 
time-frame of the project and also project the expected results to be 
achieved in each budget period and for the total project period.
    (3) Grant Administrative Guidance:
     The application's Form 424 must be signed by the 
applicant's representative authorized to act with full authority on 
behalf of the applicant.
     The Administration for Native Americans recommends that 
the pages of the application be numbered sequentially and that a table 
of contents be provided. Simple tabbing of the sections of the 
application is also helpful to the reviewers.
     An application with an original signature and two 
additional copies are required.
     The Cover Page (included in the Kit) should be the first 
page of an application, followed by the one-page abstract.
     The applicant should specify the entire project period 
length on the first page of the Form 424, Block 13, not the length of 
the first budget period. Should the application propose one length of 
project period and the Form 424 specify a conflicting length of project 
period, ANA will consider the project period specified on the Form 424 
as the request. ANA may negotiate a reduction of the project period. 
The approved project period is shown on block 9 of a Financial 
Assistance Award.
     Line 15a of the Form 424 must specify the Federal funds 
requested for the first Budget Period, not the entire project period.
     Applicants may propose a 17 month project period. However, 
the project period for the first year of a multi-year project may only 
be 12 months.
    (4) Projects or activities that generally will not meet the 
purposes of this announcement.
     Proposals from consortia of tribes or villages that are 
not specific with regard to support from, and roles of member tribes.
     The purchase of real estate or construction.

J. Paperwork Reduction Act of 1995 (Pub. L. 104-13)

    Public reporting burden for this collection of information is 
estimated to average 29.5 hours per response, including the time for 
reviewing instruction, gathering and maintaining the data needed, and 
reviewing the collection of information.
    The following information collections are included in the program 
announcement Application Kit, OMB control number 0980-0204, expires 
August 31, 1999.

K. Due Date for Receipt of Applications

    The closing dates for applications submitted in response to this 
program announcement are March 12, 1999, November 5, 1999 and November 
4, 2000.

L. Receipt of Applications

    Applications must either be hand delivered or mailed to the address 
in PART II, Section E, APPLICATION PROCESS.
    The Administration for Native Americans will not accept 
applications submitted electronically nor via facsimile (FAX) 
equipment.
Deadline
    Applications shall be considered as meeting the announced deadline 
if they are either:
    1. received on or before the deadline date at the place specified 
in the program announcement, or
    2. sent on or before the deadline date and received by the granting 
agency in the time for the independent review under DHHS GAM Chapter 1-
62 (Applicants are cautioned to request a legibly dated U.S. Postal 
Service

[[Page 3600]]

postmark or to obtain a legibly dated receipt from a commercial carrier 
or U.S. Postal Service. Private Metered postmarks shall not be 
acceptable as proof of timely mailing.)
Late Applications
    Applications which do not meet the criteria above are considered 
late applications. The granting agency shall notify each late applicant 
that its application will not be considered in the current competition.
Extension of Deadlines
    The granting agency may extend the deadline for all applicants 
because of acts of God such as floods, hurricanes, etc., or when there 
is a widespread disruption of the mails. However, if the granting 
agency does not extend the deadline for all applicants, it may not 
waive or extend the deadline for any applicants.

Part II--General Application Information and Guidance

A. Definitions

    Funding areas in this program announcement are based on the 
following definitions:
     Indian land is defined as all lands used by American 
Indian tribes and Alaska Native Villages.
     A multi-purpose community-based Native American 
organization is an association and/or corporation whose charter 
specifies that the community designates the Board of Directors and/or 
officers of the organization through an elective procedure and that the 
organization functions in several different areas of concern to the 
members of the local Native American community. These areas are 
specified in the by-laws and/or policies adopted by the organization. 
They may include, but need not be limited to, economic, artistic, 
cultural, and recreational activities, and the delivery of human 
services such as health care, day care, counseling, education, and 
training.
     A multi-year project is a project on a single theme that 
requires more than 12 months to complete and affords the applicant an 
opportunity to develop and address more complex and in-depth strategies 
than can be completed in one year. A multi-year project cannot be a 
series of unrelated objectives with activities presented in 
chronological order over a two or three year period.
     Budget Period is the interval of time (usually 12 months) 
into which the project period is divided for budgetary and funding 
purposes.
     Core administration is funding for staff salaries for 
those functions which support the organization as a whole, or for 
purposes unrelated to the actual management or implementation of work 
conducted under an ANA approved project. However, functions and 
activities that are clearly project related are eligible for grant 
funding. For example, the management and administrative functions 
necessary to carry out an ANA approved project are not considered 
``core administration'' and are, therefore, eligible costs. 
Additionally, ANA will fund the salaries of approved staff for time 
actually and reasonably spent to implement a funded ANA project.
     Real Property means land, including land improvements, 
structures and appurtenances thereto, excluding movable machinery and 
equipment.
     Construction is the term which specifies a project 
supported through a discretionary grant or a cooperative agreement, to 
support the initial building of a facility.

B. Activities That Cannot Be Funded

    The Administration for Native Americans does not fund:
     Projects that operate indefinitely or require ANA funding 
on a recurring basis.
     Projects in which a grantee would provide training and/or 
technical assistance (T/TA) to other tribes or Native American 
organizations which are otherwise eligible to apply to ANA (``third 
party T/TA''). However, the purchase of T/TA by a grantee for its own 
use or for its members' use (as in the case of a consortium), where T/
TA is necessary to carry out project objectives, is acceptable.
     The support of on-going social service delivery programs 
or the expansion, or continuation, of existing social service delivery 
programs.
     ANA will not fund the purchase of real property.
     ANA will not fund construction.
     Objectives or activities for the support of core 
administration of an organization.
     Costs of fund raising, including financial campaigns, 
endowment drives, solicitation of gifts and bequests, and similar 
expenses incurred solely to raise capital or obtain contributions are 
unallowable under a grant award.
    Projects or activities that generally will not meet the purposes of 
this announcement are discussed further in Part I, Section H, General 
Guidance to Applicants.

C. Multi-Year Projects

    This announcement is soliciting applications for project periods up 
to 36 months. Awards, on a competitive basis, will be for a one-year 
budget period, although project periods may be as long as 36 months. 
Funding after the 12 month budget period of an approved multi-year 
project is non-competitive. The non-competitive funding for the second 
and third years is contingent upon the grantee's satisfactory progress 
in achieving the objectives of the project according to the approved 
work plan, the availability of Federal funds, compliance with the 
applicable statutory, regulatory and grant requirements, and 
determination that continued funding is in the best interest of the 
Government.

D. Intergovernmental Review of Federal Programs

    This program is not covered by Executive Order 12372.

E. Application Process

    (1) Application Submission by Mail:
    Each application should include one signed original and two (2) 
copies of the grant application, including all attachments. Assurances 
and certifications must be completed. Submission of the application 
constitutes certification by the applicant that it is in compliance 
with Drug-Free Workplace and Debarment and these forms do not have to 
be submitted. The application must be hand delivered or mailed by the 
closing date to: U.S. Department of Health and Human Services, 
Administration for Children and Families, ACYF/Office of Grants 
Management, 370 L'Enfant Promenade, S.W., Mail Stop HHH 326-F, 
Washington, D.C. 20447-0002, Attention: Lois B. Hodge--ANA No 93612-
993.
    (2) Application Submission by Courier:
    Hand delivered applications are accepted during the normal working 
hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, on or prior to 
the established closing date at: Administration for Children and 
Families, ACYF/Office of Grants Managment, ACF Mail Room, Second Floor 
Loading Dock, Aerospace Center, 901 D Street, S.W., Washington, D.C. 
20024, Attention: Lois B. Hodge, ANA No. 93612-993.
    The application must be signed by an individual authorized: (1) to 
act for the applicant tribe, village or organization, and (2) to assume 
the applicant's obligations under the terms and conditions of the grant 
award.
    (3) Application Consideration:
    The Commissioner of the Administration for Native Americans 
determines the final action to be taken

[[Page 3601]]

with respect to each grant application received under this 
announcement.
    The following points should be taken into consideration by all 
applicants:
     Incomplete applications and applications that do not 
otherwise conform to this announcement will not be accepted for review. 
Applicants will be notified in writing of any such determination by 
ANA.
     Complete applications that conform to all the requirements 
of this program announcement are subjected to a competitive review and 
evaluation process. An independent review panel consisting of reviewers 
familiar with environmental problems of Indian tribes and Alaska Native 
villages will evaluate each application against the published criteria 
in this announcement. The results of this review will assist the 
Commissioner in making final funding decisions.
     The Commissioner's decision will also take into account 
the comments of ANA staff, state and Federal agencies having 
performance related information, and other interested parties.
     As a matter of policy the Commissioner will make grant 
awards consistent with the stated purpose of the announcement and all 
relevant statutory and regulatory requirements under 45 CFR Parts 74 
and 92 applicable to grants under this announcement.
     After the Commissioner has made decisions on all 
applications, unsuccessful applicants will be notified in writing 
within approximately 120 days of the closing date. Successful 
applicants are notified through an official Financial Assistance Award 
(FAA) document. The Administration for Native Americans staff cannot 
respond to requests for funding decisions prior to the official 
notification to the applicants. The FAA will state the amount of 
Federal funds awarded, the purpose of the grant, the terms and 
conditions of the grant award, the effective date of the award, the 
project period, the budget period, and the amount of the non-Federal 
matching share requirement.

(Catalog of Federal Domestic Assistance Program Number 93.612
Native American Programs)

    Dated: January 13, 1999.
Gary N. Kimble,
Commissioner, Administration for Native Americans.
[FR Doc. 99-1208 Filed 1-21-99; 8:45 am]
BILLING CODE 4184-01-P