[Federal Register Volume 65, Number 6 (Monday, January 10, 2000)]
[Notices]
[Pages 1393-1399]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-432]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families
[Program Announcement No. 93612-002]


Availability of Financial Assistance To Investigate the 
Feasibility of Tribal Energy Sales

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

ACTION: Announcement of availability of competitive financial 
assistance to assist eligible applicants with integrated planning that 
examines and develops Tribal regulatory, management and energy 
conservation capabilities and opportunities available. Planning 
activities is an approach to addressing the mitigation of Indian lands 
due to DOD activities to Indian lands.

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SUMMARY: The Administration for Native Americans (ANA) has cancelled 
the January 22, 1999 announcement, which announced the availability of 
financial assistance for the mitigation of environmental impacts on 
Indian lands due to Department of Defense Activities. (Program 
Announcement No. 93612-993) The cancellation of the January 22, 1999 
announcement was published in the Federal Register on September 14, 
1999. (Program announcement No. 93612-0002)
    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. This program announcement primarily 
focuses on planning projects that investigate the feasibility of tribal 
energy sales through energy development, as a means of mitigating 
Indian lands. Mitigation as defined in 40 CFR 1508.20 includes ``(e) 
Compensating for the impact by replacing or providing substitute 
resources or environments''.

Application Kit

    Application kits, are approved by the OMB under control number 
0980-0204, which expired August 31, 1999. ANA has asked OMB for a six-
month extension to use the kit while a new version is developed, 
reviewed and approved. We anticipate that the new kit will be available 
in January 2000. The current kit remains valid and contains the 
necessary forms and instructions to apply for a grant under this 
program announcement.
    Application kits may be obtained from ANA training and technical 
assistance providers. ANA employs contractors to provide short-term 
training and technical assistance (T/TA) to eligible applicants. T/TA 
is available under these contracts for a wide range of needs; however, 
the contractors are not authorized to write applications. The T/TA is 
provided at no cost.
    To obtain an application kit and/or training and technical 
assistance, applicants are encouraged to contact the appropriate T/TA 
provider within the appropriate service area. Each contractor's 
telephone number is listed below. You may also call: Administration for 
Native Americans, Applicant Help Desk, 202-690-7776; or visit ANA's web 
site listing of current providers at: www.acf.dhhs.gov/programs/ana.
    The ANA technical assistance providers for this announcement are in 
four areas divided as follows:
    Area I, Eastern serves federally recognized Tribes in AL, AR, CT, 
DE, FL, GA, IL, IN, KY, KS, LA, MA, MD, ME, MI, MN, MS, NC, NH, NJ, NY, 
OH, PA, RI, SC, TN, VA, VT, WI, and WV. (Native American Management 
Services, Inc. 888-221-9686 toll free or 703-821-2226)
    Area 2, Central federally recognized Tribes in AZ, CO, IA, KS, ND, 
ND, NE, NM, MO, MT, OK, SD, UT, WY, NV, ID, and TX. (RJS and 
Associates, Inc. 888-838-4757 toll free)
    Area 3, Western serves federally recognized Tribes in CA, OR and 
WA. (Development Associates, Inc. 800-666-9711 toll free or (925-935-
9711)
    Area 4, Alaska serves all eligible applicants in AK. (Native 
American Management Services, Inc. 877-770-6230 toll free or 907-770-
6230)
    Copies of this program announcement and many of the required forms 
may be obtained electronically at the ANA World Wide Web Page: 
www.acf.dhhs.gov/programs/ana.
    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 the 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.

DATES: The closing date for submission of applications is March 10, 
2000.

Part I: Supplementary Information

A. Introduction and Purpose

    The program announcement states the continued availability of 
unobligated fiscal year 1995 financial assistance to eligible 
applicants using DOD funds under Pub. L.103-335. The purpose of funds 
available under this announcement is for planning projects that examine 
the feasibility for Tribal energy sales through energy resources as a 
means to mitigate damages done by DOD.
    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. It 
also recognizes its special Trust responsibility to protect the land 
and resources of Tribal lands as well as the

[[Page 1394]]

health and safety of Tribal communities. Therefore, ANA and DOD have 
joined together to assist those Indian Tribes and Alaska Natives who 
have been affected by DOD activities to plan for the development of 
their own technical capabilities and management capacity to remediate 
or mitigate those impacts.
    It is recognized that the economic, social and political integrity 
of Indian Tribes and Alaska Natives as well as their specialized 
cultural knowledge and values are important considerations in the 
planning of strategies to mitigate the social and economic impacts of 
environmental damage sustained by those lands from DOD activities.
    Indian Tribes and Alaska Natives are experiencing unprecedented 
population growth but their economies are not fully developed to 
sustain their communities. As a result the development of sustainable 
local economies is a major goal shared by Indian Tribes and Alaska 
Native villages with the federal government. Therefore the plans 
developed by Indian Tribes and Alaska Native villages to mitigate the 
affects of impacts to their lands and communities resultant from DOD 
activities are expected to reflect their priority for social and 
economic development.
    An emergent aspect of Indian and Alaska Native social and economic 
development are the opportunities to address the service issues and 
costs of electric power made possible by new Federal electricity 
policies. The Western Area Power Administration (WAPA) and Bonneville 
Power Administration (BPA), electric power marketing agencies of the 
Department of Energy are, for the first time since the construction of 
Federal water projects by the Army Corps of Engineers and the Bureau of 
Reclamation, making direct allocations to Indian Tribes. Additionally, 
the government regulated electricity industry is moving toward open 
competition through Federal and state restructuring processes. These 
policy changes often referred to as ``deregulation'' present 
opportunities for energy/electricity development as strategies that 
impact mitigation.
    ANA recognizes that energy conservation, management and development 
require comprehensive and integrated planning to allow for local Tribal 
and Alaska Native values and priorities to be expressed in their own 
policy and programs that develop their regulatory, management and 
energy conservation capabilities. Under this one time only 
announcement, proposals will be accepted from eligible applicants for 
assistance in planning for energy/electricity conservation or 
alternative or renewable energy resource development, management or 
development. Proposals for implementing projects related to electricity 
and energy will not be accepted under this program announcement.

B. Proposed Projects to be Funded

    The purpose of this announcement is to invite single year (twelve 
to seventeen month) proposals from eligible applicants to undertake 
Tribal specific planning for using energy/electricity strategies for 
mitigating social, economic community impacts arising from 
environmental damage to Indian lands by DOD activities.
    ANA continues its policy that an applicant may only submit one 
application under this competitive area and no applicant may receive 
more than one grant in any of ANA's competitive areas. ANA introduces 
two new requirements within the review criteria for budgets in 
applications. All applicants must clearly demonstrate a plan for an 
employee fringe benefit package, which includes an employee 5% 
retirement plan benefit, and the funding of travel for key personnel to 
attend post-award grant management and administration training 
sponsored by ANA.
    Applicants may only apply for planning projects of up to 17 months 
duration. The following are some areas of known opportunity. ANA 
intends these to be viewed, as examples that may relate to Tribal or 
community specific concerns and applicants will identify their own 
local priorities in their applications. (It is expected that applicants 
may identify additional areas of concern in their applications):
     Data gathering and planning requirements for making 
application for allocation of electric power from a Federal Power 
Marketing Administration, e.g. Western Area Power Administration (WAPA) 
and Bonneville Power Administration (BPA). These data collections may 
range from documenting the size and peak consumption levels of 
electricity by the Tribe or community to documenting the number and 
types of electricity consumers within Tribal jurisdiction to more 
sophisticated long range Integrated Electricity Resource Plans, or
     Plans to investigate the development of local energy 
resources such as wind, solar, natural gas, coal, biomass, geothermal 
or co-generation of electric power that may be dispersed generation.
     Development of an integrated energy resource and 
infrastructure plan that takes into account the local conventional and 
renewable energy resource base of Indian Tribes and Alaska Native 
villages.
     Development of energy efficiency and conservation to 
reduce the cost and consumption of energy without reducing economic and 
social well being. Often the money saved from well developed plans for 
energy conservation exceed the costs of implementing the conservation 
plan, providing a means to implement the plan with existing resources.
     Development of plans to achieve a balanced and sustainable 
energy supply that is reliable and affordable by aggregating the 
Tribe's electricity load for bulk purchasing.
    The purpose of grants funded through this program announcement is 
to promote planning for energy self-determination among American Indian 
Tribes. Research and planning is needed for a comprehensive review of 
tribal energy resources. Energy planning is a complex endeavor that 
takes into consideration the following:
     Existing energy usage,
     Historical trends of energy consumption,
     Tribal demographics,
     Changes in patterns of energy using behavior,
     Presently available sources of energy to meet energy 
loads,
     Future planned sources of energy to meet future energy 
loads,
     Energy resource requirements beyond existing energy plans,
     Capital requirements and availability for energy projects.
    The following bullets provide descriptions of activities that are 
consistent with the philosophy of this program announcement. Proposed 
activities should be tailored to reflect the energy development needs 
of the local community and should be consistent and supportive of the 
proposed project activities. The types of planning projects which ANA 
may fund will address some or all of the following topics or similar 
topics:
     Studies of reservation energy load profiles and load 
forecasts including specific studies of residential, commercial, and 
industrial energy end-use applications;
     Analysis of utility records of energy consumption by 
customer and customer class;
     Identification, quantification and description of the 
energy use of Tribal members that are not served with utility connected 
services today, but who may be so served in the future;
     Tribal demographics;
     Determination of energy growth profiles among all energy 
segments of the Tribe residential, commercial, and

[[Page 1395]]

industrial. These growth profiles should be described as ranges above 
and below an average expected growth for a period of at least 10 years;
     Identification and evaluation of existing energy resources 
that serve current Tribal loads;
     Identification and evaluation of future energy resources 
currently planned by the Tribes or others (e.g., utility companies) to 
meet future Tribal loads;
     Review and evaluation of the sufficiency of existing and 
planned energy resources to meet Tribal loads both today and in the 
future;
     Identification and review of alternatives to existing 
plans for meeting future Tribal electricity load growth, including both 
traditional sources (e.g., coal, oil, propane, diesel, and gas-fired 
generation) and non-traditional sources (e.g., fuel cells, photovoltaic 
cells, wind turbines, etc.).
     Review of ``village electrification'' opportunities for 
non grid-connected local distribution systems and distributed 
generation (i.e. generation located at or near the load and scaled to 
the load, not a central generation plant feeding power to the grid);
     Identification of feasible co-generation opportunities to 
maximize both the efficiency of energy utilization and the economic 
development potential for the Tribal community. (Co-generation 
facilities are agricultural or industrial facilities co-located with 
generation facilities that use the heat of the generator as well as its 
power.);
     Identification of opportunities to develop power projects 
or other energy projects for export off Tribal lands to the energy 
marketplace;
     Source of capital requirements for development of energy 
resources.
    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 planning phase.
     Indian Environmental General Assistance Program Act of 
1992;
     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);
     Title XXVI of the National Energy Policy Act of 1992.
    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;
     Native American Graves Protection and Repatriation 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.

C. Eligible Applicants

    The following organizations are eligible to apply:
     Federally 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.
    Applicants must comply with the following administrative policies:
     Current grantees funded under the previous DOD 
announcement dated January 22, 1999 who wish to apply for another phase 
of phases should apply under ANA's FY 2000 SEDS program announcement 
dated August 17, 1999. [Program Announcement No. 93612-001] or
     Applicants interested in applying for one or more of the 
phases described in the January 22, 1999 announcement should apply 
under SEDS, provided the applicant does not have a current SEDS grant 
or has a SEDS grant that expires no later than September 29, 2000. ANA 
does continue however, its policy that an applicant may only submit one 
application per competitive area and may only receive one grant per 
competitive area.
     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 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.

D. Available Funds

    Subject to availability of funds, approximately $1 million of 
financial assistance is available under this program announcement for 
eligible applicants. It is expected that about 15 awards will be made, 
ranging from $50,000 to $100,000.
    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 (e.g. Indian Self-Determination and 
Education Assistance funds, through the Department of Interior and the 
Department of Health and Human Services).
    Therefore, a project requesting $100,000 in Federal funds must 
include a match of at least $5,263 (5% total

[[Page 1396]]

project cost). To calculate 5% non-Federal share multiply the Federal 
share by .05263. 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 part 1336, 
Subpart E-Financial Assistance Provision.
    As per 45 CFR 74.2 and 92.3, 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 the 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 that 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.
    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 (30 points):
    (a) The application presents specific planning goals relating to a 
proposed tribal energy retail project. The application 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. ANA encourages the planning process to include community 
involvement. 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 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.
    (c) Available resources (other than ANA and the non-Federal share) 
which will assist, and be coordinated with the project are described. 
The Tribe can address work already underway. 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

[[Page 1397]]

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 (30 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, 
and leads the Tribe to an action plan.
    (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 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. The applicant must 
provide a retirement plan fringe benefit for grant funded employees 
salaries of five (5) percent.
     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 and 
approval during grant award negotiations. An alternate proposal may be 
submitted for review 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

    Contact the ANA Applicant Help Desk at 202-690-7776 for assistance. 
You may also contact Sharon McCully at (202) 690-7776, or e-mail to 
[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. 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 Budget period.

[[Page 1398]]

    (3) Grant Administrative Guidance:
     The application 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 length on 
the first page of the Form 424, Block 13. 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 should specify the Federal funds 
requested for the Budget Period.
    Applicants may propose a 17-month project period.
    (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 date for applications submitted in response to this 
program announcement is March 10, 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 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 ACF shall notify each late 
applicant that its application will not be considered in the current 
competition.
    Extension of Deadlines: The ACF 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.
     ``Budget Period'' is the interval of time (usually 12 
months but may be up to 17 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.

[[Page 1399]]

C. Intergovernmental Review of Federal Programs

    This program is not covered by Executive Order 12372.

D. 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, DC 20447-0002, Attention: Lois B. Hodge--ANA No. 93612-002.
    (2) Application Submission by Courier:
    Hand delivered applications are accepted during the normal working 
hours of 8 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 Management, ACF Mail Room, Second Floor Loading 
Dock, Aerospace Center 901 D Street, S.W., Washington, DC 20024, 
Attention: Lois B. Hodge, ANA No. 93612-002.
    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 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. 
(Incomplete applications include a missing Form SF 424 or no signed 
Form 424 or does not include proof of non-profit status, if 
applicable.) 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 4, 2000.
Gary N. Kimble,
Commissioner, Administration for Native Americans.
[FR Doc. 00-432 Filed 1-7-00; 8:45 am]
BILLING CODE 4184-01-P