[Federal Register Volume 64, Number 176 (Monday, September 13, 1999)]
[Notices]
[Pages 49522-49528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23687]



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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act: Indian and Native American Employment 
and Training Programs; Solicitation for Grant Applications: Final 
Grantee Designation Procedures for Program Years 2000 and 2001

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of final designation procedures for grantees.

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SUMMARY: This document contains the procedures by which the Department 
of Labor (DOL) will select and designate service providers for Program 
Years 2000 and 2001 for Indian and Native American Employment and 
Training Programs under the Workforce Investment Act. Grantees or 
potential eligible providers participating in Public Law 102-477 
Demonstration Projects must apply for designation if they wish to 
receive WIA funds. This law allows Federally-recognized tribes to 
consolidate their formula-funded employment and training and related 
dollars under a single service plan administered by the Bureau of 
Indian Affairs. This notice provides the information that applicants 
need to submit appropriate requests for designation.

DATES: Notices of Intent must be received in the Department by October 
1, 1999, or no later than 30 days from date of publication of this 
solicitation in the Federal Register, whichever is later. If not 
received by that Federal Register publication date, Notices of Intent 
must be postmarked by the U.S. Postal Service no later than that 
publication date. Failure to meet this requirement will disqualify the 
applicant from further consideration.

ADDRESSES: Send a signed original and two copies of the Notice of 
Intent to Mr. James C. DeLuca, Chief, Division of Indian and Native 
American Programs, Room N-4641 FPB ATTN: MIS Desk, U.S. Department of 
Labor, 200 Constitution Avenue, NW, Washington, DC 20210.

SUPPLEMENTARY INFORMATION:

Workforce Investment Act: Indian and Native American Programs; 
Final Designation Procedures for Program Years 2000 and 2001

Table of Contents

Introduction: Scope and Purpose of Notice
    I. General Designation Principles
    II. Notice of Intent
    III. Use of Panel Review Procedure
    IV. Notification of Designation/Nondesignation
    V. Special Designation Situations
    VI. Designation Process Glossary

Introduction: Scope and Purpose of Notice

    Section 166 of the Workforce Investment Act (WIA) authorizes 
programs to serve the employment and training needs of Indians and 
Native Americans.
    Requirements for these programs are set forth in the Act, and in 
the WIA section 166 regulations at 20 CFR part 668, published at 64 FR 
18622, 18736 (April 15, 1999). The specific eligibility and application 
requirements for designation are set forth at 20 CFR part 668, subpart 
B. Pursuant to these requirements, the Department of Labor (DOL) 
selects entities for funding under WIA, section 166 for a two-year 
designation period. Designated Native American section 166 service 
providers will be funded annually during the designation period, 
contingent upon all other grant award requirements being met and the 
continuing availability of Federal funds.
    The Notice of Intent (see Part II, below) is mandatory for all 
applicants. Any organization interested in being designated as a Native 
American section 166 grantee should be aware of and comply with the 
procedures in these parts.
    The amount of WIA section 166 funds to be awarded to designated 
Native American organizations is determined under procedures described 
at 20 CFR 668.296(b) and not through this designation process.

I. General Designation Principles

    Based on WIA and applicable regulations, the following general 
principles are intrinsic to the designation process:
    (1) All applicants for designation shall comply with the 
requirements found at 20 CFR part 668, subpart B, which contains the 
basic eligibility, application, and designation requirements. Potential 
applicants should be aware that a non-incumbent entity must have a 
population within the designated geographic service area which would 
provide formula funding under 20 CFR 668.296(b) in the amount of at 
least $100,000 per program year. Federally-recognized tribes wishing to 
participate in the demonstration under Public Law 102-477 must have a 
service area and population which generates at least $20,000 per year 
in section 166 formula funds.
    (2) High unemployment, lack of training, lack of employment 
opportunity, societal and other barriers exist within predominantly INA 
communities and among INA groups residing in other communities. The 
nature of this program is such that Indians and Native Americans are 
best served by a responsible Indian and Native American organization 
directly representing them, with the demonstrated knowledge and ability 
to coordinate resources within the respective communities. The WIA and 
the governing regulations establish a priority for Indian and Native 
American organizations. That priority is the basis for the steps which 
will be followed in designating grantees.
    (3) A Federally-recognized tribe, band or group on its reservation, 
and Alaska Native entities defined in the Alaska Native Claims 
Settlement Act (ANCSA) or consortia that include a tribe or an entity 
are given highest priority over any other organization if they have the 
capability to administer the program and meet all eligibility and 
regulatory requirements. This priority applies only to the areas over 
which the organizations have legal jurisdiction.
    In the event that such a tribe, band or group (including an Alaska 
Native entity) is not designated to serve its reservation or geographic 
service area, the DOL will consult with the governing body of such 
entities when designating alternative service deliverers. Such 
consultation may be accomplished in writing, in person, or by 
telephone, as time and circumstances permit. When it is necessary to 
select alternative service deliverers, the Grant Officer will, in 
accordance with 20 CFR 668.280, whenever possible, accommodate the 
views and recommendations of the INA community leaders and the Division 
of Indian and Native American Programs (DINAP).
    (4) In designating Native American section 166 grantees for areas 
not covered by the highest priority in accordance with (3) above, DOL 
will designate Indian and Native American-controlled organizations as 
service providers. This would include the group referred to in (3) 
applying for off-reservation areas. As noted in (3) above, when 
vacancies occur, the Grant Officer will select alternates in accordance 
with 20 CFR 668.280.
    (5) Incumbent and non-incumbent applicants seeking additional areas 
are expected to clearly demonstrate a working knowledge of the 
community that they plan to serve, including available resources, 
resource utilization and acceptance by the service population.
    (6) Special employment and training services for Indian and Native 
American

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people have been provided through an established service delivery 
network for the past 24 years under the authority of JTPA section 401 
and its predecessor, section 302 of the repealed Comprehensive 
Employment and Training Act (CETA). The DOL intends to exercise its 
designation authority to both preserve the continuity of such services 
and to prevent the undue fragmentation of existing geographic service 
areas. Consistent with the present regulations and other provisions of 
this notice, this will include priority for those Native American 
organizations with an existing demonstrated capability to deliver 
employment and training services within an established geographic 
service area, and for organizations which directly represent the 
recipients of WIA services. Such preference will be determined through 
input and recommendations from the Chief of DOL's Division of Indian 
and Native American Programs (DINAP) and the Director of DOL's Office 
of National Programs (ONP),
    (7) In preparing applications for designation, applicants should 
bear in mind that the purpose of section 166 of WIA is ``to support 
employment and training activities for Indian, Alaska Native, and 
Native Hawaiian individuals in order--
    (A) To develop more fully the academic, occupational, and literacy 
skills of such individuals;
    (B) To make such individuals more competitive in the workforce; and
    (C) To promote the economic and social development of Indian, 
Alaska Native, and Native Hawaiian communities in accordance with the 
goals and values of such communities.''

II. Notice of Intent

1. Dates and Address for Submittal
    Send a signed original and two copies of the completed Notice of 
Intent (NOI) to Mr. James C. DeLuca, Chief, Division of Indian and 
Native American Programs, Room N-4641 FPB, ATTN: MIS Desk, U.S. 
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.
    Notices of Intent which comply with the requirements of this 
solicitation must be received by or postmarked by October 1, 1999, or 
30 days from date of publication of this solicitation in the Federal 
Register, whichever is later. NOIs not received by the publication 
deadline will be accepted only with an official, U.S. Postal Service 
postmark indicating timely submission. Dates indicating submission by 
private express delivery service or by metered mail are unacceptable as 
proof of submission.
    When more than one eligible organization applies to provide 
services in the same area, a review of the applicants will be conducted 
and when necessary, a competitive selection will be made. Competing 
applicants will be notified of such competition no later than November 
15, 1999, and may submit revised Notices of Intent to be received by 
the department or postmarked no later than January 5, 2000. At a 
minimum, revised Notices of Intent should include the information 
required in Part A as applicable and Part B. All Notices of Intent must 
be submitted to the Chief of DINAP at the above address.
2. Notice of Intent Content and Procedure
    The information required in Part A must be provided by all 
applicants. Additionally, competing organizations will be required, if 
notified by the Grant Officer, to provide the information in Part B.
Part A
    1. A completed SF-424, ``Application for Federal Assistance'', 
signed by the authorized signatory official;
    2. An identification of the applicant's legal status, including 
articles of incorporation or consortium agreement as appropriate;
    3. A specific description of the territory being applied for, by 
State(s), counties, reservation(s) or similar area, or service 
population;
    4. A very brief summary, including the funding source, contact 
person and phone number of the employment and training or human 
resource development programs serving Native Americans that the entity 
currently operates or has operated within the previous two-year period;
    5. A brief description of the planning process used by the entity, 
including involvement of the governing body and local employers.
    6. Evidence to establish an entity's ability to administer funds 
under 20 CFR 668.220 and 668.230 which should at a minimum include:
    (a) A statement that fraud or criminal activity has not been found 
in the organization, OR a brief description of the circumstance where 
it has been found and a description of resolution, corrective action 
and current status, AND
    (b) A narrative demonstrating that an entity has or can acquire the 
necessary program and management personnel to safeguard federal funds 
and effectively deliver program services that support the purposes of 
the Workforce Investment Act, AND
    (c) If not otherwise provided, a narrative demonstrating that an 
entity has successfully carried out or has the ability to successfully 
carry out activities that will strengthen the ability of the 
individuals served to obtain or retain unsubsidized employment, 
including the past two-year history of publically funded grants/
contracts administered including identification of the fund source and 
a contact person.
    The Grant Officer may require additional, clarifying, or other 
information including a site visit, prior to designating applicants.
Part B
    If the Grant Officer determines that there is competition for all 
or part of a given service area, the following information will be 
required of competing entities:
    (1) Evidence that the entity represents the community proposed for 
services such as: Demonstration of support from Native American-
controlled organizations, State agencies, or individuals in a position 
to speak to the employment and training competence of the entity in the 
specific area applied for; and
    (2) Submission of a service plan and other information expanding on 
the information required at Part A which the applicant feels can 
strengthen its case, including information on any unresolved or 
outstanding administrative problems.
    Exclusive of charts or graphs and letters of support, the 
additional information submitted to augment the Notice of Intent in a 
situation involving competition should not exceed 75 pages of double-
space unreduced type.
    Incumbent and non-incumbent Federally-recognized tribes and Alaska 
entities need not submit evidence of support regarding their own 
reservations or areas of legal jurisdiction. However, such entities are 
required to provide such evidence for any area which they wish to serve 
beyond their reservation boundaries, or their Congressionally-mandated 
or Federally-established service areas.
    All applicants for non-contiguous geographic service areas must 
prepare a separate, complete Notice of Intent (including the above-
referenced supplementary information if applicable) for each such area.

III. Use of Panel Review Procedure

    An initial review of all applicants, conducted by DINAP and with 
the concurrence of the Grant Officer, will identify priority applicants 
and

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recommend those areas requiring further competition. A formal panel 
review process may be utilized under the following circumstances:
    (1) When one or more new applicants, none qualifying for the 
highest priority for the requested area, can demonstrate the potential 
for superiority over the incumbent organization, OR
    (2) When two or more applicants, none qualifying for the highest 
priority, request an area and the incumbent organization fails to apply 
for designation.
    When further competition occurs, the Grant Officer will convene a 
review panel to score the information submitted with the Notice of 
Intent (Part A and B). This panel will include individuals with 
knowledge of or expertise in programs dealing with Indians and Native 
Americans. The purpose of the panel is to review and evaluate an 
organization's potential, based on its application (including the 
required supplemental information), to provide services to a specific 
Native American community, to rate the proposals in accordance with the 
rating criteria and to make recommendations to the Grant Officer. The 
panel will be provided the information described in the Notice of 
Intent and supplemental information provided through the Grant Officer.
    It is DOL's policy that no information affecting the panel review 
process will be solicited or accepted past the regulatory postmarked or 
hand-delivered deadlines. All information provided before these 
deadlines must be in writing.
    This policy does not preclude the Grant Officer from requesting 
additional information independent of the panel review process.
    During the review, the panel will not give weight to undocumented 
assertions. Any information must be supported by adequate and 
verifiable documentation, e.g., supporting references must contain the 
name of the contact person, an address, and telephone number. Panel 
recommendations are advisory to the Grant Officer.
    The factors listed below will be considered in evaluating the 
applicants approach to providing services.

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                                                                  Points
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1. (a) Previous experience in successfully operating an               20
 employment and training program serving Indians and Native
 Americans, OR (b) Previous experience in operating other human
 resources development programs serving Indians or Native
 Americans or coordinating employment and training services....
2. Approach to providing services including: Identification of        40
 the training and employment problems and needs in the
 requested area and approach to addressing such needs and
 demonstration of the ability to maintain continuity of
 services to Indian or Native American participants consistent
 with those previously provided in the community...............
3. Description of Planning Process including involvement of           15
 community leaders, involvement with local Workforce Investment
 Boards and Youth Councils, etc................................
4. Coordination, linkages and the ability to utilize existing         15
 resources within the community, including one-stop systems (as
 applicable), to eliminate duplication of effort...............
5. Demonstration of support and recognition of the Native             10
 American community and service population.....................
                                                                --------
      Total....................................................      100
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IV. Notification of Designation/Nondesignation

    The Grant Officer will make the final designation decision giving 
consideration to the following factors: the review panel's 
recommendation, in those instances where a panel is convened; input 
from DINAP, the Office of National Programs, other offices within the 
Employment and Training Administration, and the DOL Office of the 
Inspector General; and any other available information regarding the 
organization's financial and operational capability, and 
responsibility. The Grant Officer will select the entity that 
demonstrates the ability to produce the best outcomes for its 
customers. Decisions will be made by March 1, 2000, and will be 
provided to applicants as follows:
    (1) Designation Letter. The designation letter signed by the Grant 
Officer will serve as official notice of an organization's designation. 
The letter will include the geographic service area for which the 
designation is made. It should be noted that the Grant Officer is not 
required to adhere to the geographical service area requested in the 
Notice of Intent. The Grant Officer may make the designation applicable 
to all of the area requested, a portion of the area requested, or if 
acceptable to the designee, more than the area requested.
    (2) Conditional Designation Letter. Conditional designations will 
include the nature of the conditions, the actions required to be 
finally designated and the time frame for such actions to be 
accomplished. Failure to satisfy such conditions may result in a 
withdrawal of designation.
    (3) Non-Designation Letter. Any organization not designated, in 
whole or in part, for a geographic service area requested will be 
notified formally of the Non-Designation and given the basic reasons 
for the determination. An applicant for designation which is refused 
such designation, in whole or in part, will be afforded the opportunity 
to appeal its Non-Designation as provided at 20 CFR 668.270.

V. Special Designation Situations

(1) Alaska Native Entities
    DOL has established geographic service areas for Alaska Native 
employment and training grantees based on the following: (a) The 
boundaries of the regions defined in the Alaska Native Claims 
Settlement Act (ANCSA); (b) the boundaries of major sub-regional areas 
where the primary provider of human resource development related 
services is an Indian Reorganization Act (IRA)-recognized tribal 
council; and (c) the boundaries of the one Federal reservation in the 
State. Within these established geographic service areas, DOL will 
designate the primary Alaska Native-controlled human resource 
development services provider or an entity formally selected by such 
provider. In the past, these entities have been regional nonprofit 
corporations, IRA-recognized tribal councils, and the tribal government 
of the Metlakatla Indian Community. DOL intends to follow these 
principles in designating Native American grantees in Alaska for 
Program Years 2000 and 2001.
(2) Oklahoma Indians
    DOL has established a service delivery system for Indian employment 
and training programs in Oklahoma based on a preference for Oklahoma 
Indian tribes and organizations to serve portions of the State. 
Generally, service areas have been designated geographically as 
countywide areas. In cases in which a significant portion of

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the land area of an individual county lies within the traditional 
jurisdiction(s) of more than one tribal government, the service area 
has been subdivided to a certain extent on the basis of tribal 
identification information contained in the most recent Federal 
Decennial Census of Population. Wherever possible, arrangements 
mutually satisfactory to grantees in adjoining or overlapping 
geographic service areas will be honored by DOL. Where mutually 
satisfactory arrangements cannot be made, DOL will designate and assign 
service area to Native American grantees in a manner which is 
consistent with WIA and that will preserve the continuity of services 
and prevent unnecessary fragmentation of the programs.

VI. Designation Process Glossary

    In order to ensure that all interested parties have the same 
understanding of the process, the following definitions are provided:
(1) Indian or Native American-Controlled Organization
    This is defined as any organization with a governing board, more 
than 50 percent of whose members are Indians or Native Americans. Such 
an organization can be a tribal government, Native Alaska or Native 
Hawaiian entity, consortium, or public or private nonprofit agency. For 
the purpose of designation determinations, the governing board must 
have decision-making authority for the WIA section 166 program. It 
should be noted that, pursuant to WIA section 166(d)(2)(B), individuals 
who were eligible to participate under section 401 of JTPA on August 6, 
1998, shall be eligible to participate under WIA. Organizations serving 
such individuals shall be considered ``Indian controlled'' for WIA 
section 166 purposes.
(2) Service Area
     This is defined as the geographic area described as States, 
counties, and/or reservations for which a designation is made. In some 
cases, it will also show the specific population to be served. The 
service area is identified by the Grant Officer in the formal 
designation letter. Grantees must ensure that all eligible population 
members have equitable access to employment and training services 
within the service area.
(3) Incumbent Organizations
    Organizations which are current grantees under JTPA section 401, 
during PY 1999, are considered incumbent grantees for the existing 
service area, for the purposes of WIA.

    Signed at Washington, DC, this third day of September, 1999.
Anna W. Goddard,
Director, Office of National Programs.
James C. Deluca,
Chief, Division of Indian and Native American Programs.
E. Fred Tello,
Grant Officer, Division of Federal Assistance.

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[FR Doc. 99-23687 Filed 9-10-99; 8:45 am]
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