[Federal Register Volume 66, Number 2 (Wednesday, January 3, 2001)]
[Notices]
[Pages 560-584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-68]



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Part IV





Department of Education





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Native American Vocational and Technical Education Program (NAVTEP); 
Notice Inviting Applications for New Awards for Fiscal Year (FY) 2000; 
Notice

  Federal Register / Vol. 66, No. 2 / Wednesday, January 3, 2001 / 
Notices  

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DEPARTMENT OF EDUCATION

[CFDA No: 84.101]


Native American Vocational and Technical Education Program 
(NAVTEP); Notice Inviting Applications for New Awards for Fiscal Year 
(FY) 2000

    Notice to Applicants: This notice is a complete application 
package. Together with the statute authorizing the program and 
applicable regulations governing the program, including the Education 
Department General Administrative Regulations (EDGAR), the notice 
contains all of the information, application forms, and instructions 
needed to apply for a grant under this competition.

SUMMARY: The Secretary invites applications for new awards for FY 2000 
under the Native American Program authority of section 116 of the Carl 
D. Perkins Vocational and Technical Education Act of 1998 (Act) and 
announces deadline dates for the transmittal of applications for 
funding under that program authority.
    Purpose of Program: The Native American Vocational and Technical 
Education Program (NAVTEP), formerly known as the Indian Vocational 
Education Program (IVEP), provides grants to improve vocational and 
technical education programs that are consistent with the purposes of 
the Act and that benefit American Indians and Alaska Natives.
    Eligible Applicants: (a) The following entities are eligible for an 
award under the NAVTEP:
    (1) A Federally recognized Indian tribe.
    (2) A tribal organization.
    (3) An Alaska Native entity.
    (4) A Bureau-funded school, except for a bureau funded school 
proposing to use its award to support secondary school vocational and 
technical education programs.
    (b) Any tribe, tribal organization, Alaska Native entity, or 
eligible Bureau-funded school may apply individually or as part of a 
consortium with one or more eligible tribes, tribal organizations, 
Alaska Native entities, or eligible Bureau-funded schools. (Eligible 
applicants seeking to apply for funds as a consortium should read and 
follow the regulations in 34 CFR 75.127-75.129, which apply to group 
applications.)

    Note: An applicant must include documentation in its application 
showing that it and, if appropriate, consortium members are eligible 
according to the requirements in paragraphs (a) and (b) of the 
``ELIGIBLE APPLICANTS'' section of this notice.

    Submission of Applications: Each tribe to be served must approve an 
application for a project to serve more than one Indian tribe. (25 
U.S.C. 450b(1))
    Deadline for Transmittal of Applications: March 2, 2001.
    Available Funds: $13,063,668 for the first 12 months of the 36-
month project period. Funding for the second and third 12-month periods 
of the 36-month project period is subject to the availability of funds 
and to a grantee meeting the requirements of 34 CFR 75.253 
(Continuation of multi-year project after the first budget period.).
    Estimated Range of Awards: $300,000 to $500,000 for the first 12 
months.
    Estimated Average Size of Awards: $375,000.
    Estimated Number of Awards: 35.

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

    Project Period: Up to 36 months.
    Applicable Statute and Regulations: (a) The relevant provisions of 
the Carl D. Perkins Vocational and Technical Education Act of 1998, 20 
U.S.C. 2301 et seq., in particular, section 116(a)-(g).
    (b) The Education Department General Administrative Regulations 
(EDGAR) as follows:
    (1) 34 CFR part 74 (Administration of Grants and Agreements with 
Institutions of Higher Education, Hospitals, and Other Nonprofit 
Organizations).
    (2) 34 CFR part 75 (Direct Grant Programs).
    (3) 34 CFR part 77 (Definitions that Apply to Department 
Regulations).
    (4) 34 CFR part 80 (Uniform Administrative Requirements for Grants 
and Cooperative Agreements to State and Local Governments).
    (5) 34 CFR part 81 (General Education Provisions Act--Enforcement).
    (6) 34 CFR part 82 (New Restrictions on Lobbying).
    (7) 34 CFR part 85 (Governmentwide Debarment and Suspension 
(Nonprocurement) and Governmentwide Requirements for Drug-Free 
Workplace (Grants)).
    (8) 34 CFR part 86 (Drug and Alcohol Abuse Prevention).
    (9) 34 CFR part 97 (Protection of Human Subjects).
    (10) 34 CFR part 98 (Student Rights In Research, Experimental 
Programs and Testing).
    (11) 34 CFR part 99 (Family Educational Rights and Privacy).

SUPPLEMENTARY INFORMATION:

General

    This notice implements section 116 of the Carl D. Perkins 
Vocational and Technical Education Act of 1998 (Act) (Pub. L. 105-332), 
enacted October 31, 1998. In section 116(e) of the Act, Congress 
expresses its intent to fund programs that improve vocational and 
technical education. Section 116, which continues support for the 
Secretary to provide grants, cooperative agreements, and contracts for 
Native Americans to operate vocational and technical education 
projects, also gives the Secretary a strong mandate to expend Federal 
funds under the Native American Vocational and Technical Education 
Program on projects that improve vocational and technical education.
    Under the IVEP, the predecessor to the NAVTEP, the Congress 
authorized the Secretary to provide financial assistance to Indian 
tribes and certain schools funded by the Department of the Interior to 
plan, conduct, and administer projects, or portions of projects, that 
are authorized by and consistent with the Carl D. Perkins Vocational 
and Applied Technology Education Act of 1990 (20 U.S.C. 2301 et seq.). 
Based on requests from tribal entities, the Secretary generally funded 
three types of projects. First, many tribal entities used funds to 
provide tribal members with their initial opportunity to receive 
vocational and technical education in a tribal setting. Second, tribal 
entities used grants to improve or expand existing vocational programs 
or develop new ones. Third, some tribal entities received grants each 
year to provide continuous funding for the same vocational education 
programs, services, or activities.
    Section 116 of the Act changes many requirements under which the 
Secretary must administer the vocational and technical education 
program for Indians. Past grant recipients under the IVEP will find 
that statutory changes will have a noticeable impact on how tribal 
entities plan for and operate projects.
    The following summary is intended to help the reader to become 
familiar with the significant changes in section 116 of the Act and the 
way in which these changes are reflected in the administration of the 
NAVTEP as compared with the IVEP.

Changes to the Program

    (a) Eligibility. (1) Applications from a tribal organization may be 
submitted directly to the Secretary. Under the IVEP, Indian tribes were 
required to submit the applications of tribal organizations.
    (2) Alaska Native entities are eligible to apply for and receive an 
award under the NAVTEP whereas, under the IVEP, they were not.

[[Page 561]]

    (3)(i) Bureau-funded schools proposing to use their awards to fund 
secondary vocational and technical education programs are no longer 
eligible for direct funding from the Secretary under the NAVTEP.
    (ii) Although Bureau-funded schools proposing to fund secondary 
programs are not eligible to receive an award directly from the 
Secretary, an Indian tribe, tribal organization, Alaska Native entity, 
or eligible Bureau funded school may use its award to assist a 
secondary school operated or supported by the Bureau of Indian Affairs 
to carry out vocational and technical education programs.
    (4) A Bureau-funded school that is not proposing a secondary 
program is eligible for assistance under the NAVTEP. Under the IVEP, 
Bureau-funded schools proposing postsecondary programs were not 
eligible for funding. This change will enable the Bureau-funded schools 
for which assistance is provided under the Tribally Controlled Schools 
Act to receive an award under the NAVTEP. (20 U.S.C. 2326(b)(1),(3), 
and (6))
    (b) Appeals process. (1) Any applicant may request a hearing to 
review the Secretary's decision not to make an award under the NAVTEP, 
whereas under the IVEP only tribal organizations could request a 
hearing.
    (2) The Secretary will implement the appeals process in accordance 
with the procedures in 34 CFR 401.23, except that the Secretary will 
accept a request for a hearing from any applicant denied funding under 
the NAVTEP. Any applicant denied funding under the competition outlined 
in this notice has 30 calendar days to make a written request to the 
Secretary for a hearing to review the Secretary's decision.
    (c) Authorized projects, services, activities. (1) Improvement. 
Section 116(e) of the Act requires the Secretary to ensure that 
activities funded under the NAVTEP ``will improve vocational and 
technical education programs...'' (20 U.S.C. 2326(e)). Through this new 
provision Congress has expressed its intent that the Department 
generally not continue support of ongoing Indian vocational and 
technical education programs. Further, the requirement in section 
116(e) of the Act, that projects funded under NAVTEP serve to improve 
(rather than merely sustain) vocational and technical education 
programs, aligns the NAVTEP with other programs authorized under the 
Act that require recipients of funds under the Act to develop 
challenging academic standards and improve vocational and technical 
education.
    In light of section 116(e) of the Act, the Department generally 
does not intend to provide continuous funding for the same vocational 
education programs, services, or activities. The Department will, 
however, continue to support projects that develop new programs, 
services, or activities or improve or expand existing programs, 
services, or activities. In other words, the Department will support 
``expansion'' or ``improvements'' that include, but are not limited to, 
the expansion of effective programs or practices; upgrading of 
activities, equipment, or materials; increasing staff capacity; 
adoption of new technology; modification of curriculum; or 
implementation of new policies to improve program effectiveness and 
outcomes.
    The Secretary believes that some programs, services, and 
activities, by their very nature, improve vocational and technical 
education and thus meet the requirement of section 116(e) of the Act. 
The notice provides, for the convenience of potential applicants, 
examples of these types of programs, services, and activities. It may 
become necessary for the Secretary to modify the examples as the body 
of knowledge improves and today's leading-edge techniques and 
methodologies become commonplace.
    (2) Start of services to students. Under the IVEP, some applicants 
delayed the start of projects for as much as six months. Those 
applicants delayed services in order to recruit students and staff. In 
light of section 116(e) of the Act, applicants under the NAVTEP should 
plan to start their vocational and technical education programs as soon 
as possible after receiving notification of an award. The Secretary 
strongly encourages applicants to start their programs no later than 
two months after receiving notification. Under IVEP, many applicants 
were able to start projects soon after receiving funding because of 
pre-award planning. For example, while developing their applications, 
these applicants reached tentative agreements with prospective staff to 
work on the project in the event funding was received. The applicants 
also advertised the possibility of vocational and technical education 
services becoming available and, therefore, were able to quickly 
attract students.
    (3) Support services. In section 3(25), the Act now uses the term 
``support services'' to refer to services that are related to 
curriculum modification, equipment modification, classroom 
modification, supportive personnel, and instructional aids. The Carl D. 
Perkins Vocational and Applied Technology Education Act of 1990 used 
the term ``supplementary services'' to refer to those services. This 
change in terminology may create confusion for former grantees under 
the IVEP who, as a matter of practice, generally used the term 
``support services'' to refer to dependent care, transportation, books, 
and supplies. In order to avoid confusion, under the NAVTEP the 
Secretary will use the term ``direct assistance to students'' to refer 
to tuition, dependent care, transportation, books, and supplies.
    While the Act does not explicitly authorize the use of funds for 
direct assistance to students, the legislative history of the Act 
indicates that Congress intended to give eligible entities the 
flexibility to continue these services to the extent they were 
previously provided. In view of the legislative history and amendments 
to the Act, the Secretary believes the Congress intended to give 
eligible entities the flexibility to provide direct assistance to 
special populations under certain, limited circumstances.
    The Secretary realizes the importance of this direct assistance to 
students and strongly encourages potential applicants to strengthen and 
multiply their efforts to coordinate with Federal, State, and local 
entities for the provision of these services.
    (d) Integration of services. Funds under the NAVTEP may be 
integrated with assistance received from related programs in accordance 
with the provisions of Pub. L. 102-477, the Indian Employment, Training 
and Related Services Demonstration Act of 1992. Integration of services 
was not authorized under the IVEP.
    (e) Supplanting. In accordance with section 311(a) of the Act, 
funds under this program may not be used to supplant non-Federal funds 
used to carry out vocational and technical education activities and 
tech-prep activities. Further, the prohibition against supplanting also 
means that grantees are required to use their negotiated restricted 
indirect cost rate under this program. (34 CFR 75.563). A supplanting 
provision did not apply to grantees under the IVEP.
    Each year a few applicants propose to supplant tribal and other 
non-Federal funds with Federal funds in order to pay the costs of 
students' tuition, dependent care, transportation, books, supplies, and 
other costs associated with participation in a vocational and technical 
education program. With the new statutory prohibition against 
supplanting, the Secretary cautions applicants not to plan to use funds

[[Page 562]]

under the NAVTEP to replace otherwise available non-Federal funding for 
``direct assistance to students'' and family assistance programs.
    Further, the Secretary is concerned that funds under the NAVTEP may 
be used to replace Federal student financial aid. The Secretary wishes 
to highlight that the statute does not authorize the Secretary to fund 
projects that serve primarily as entities through which students may 
apply for and receive tuition and other financial assistance.
    (f) Limitation on services. Section 315 of the Act prohibits the 
use of funds received under the Act to provide vocational and technical 
education programs to students prior to the seventh grade.
    (g) Evaluation. In order to ensure the high quality of NAVTEP 
projects and the achievement of the purposes of section 116 of the Act, 
this notice includes a requirement for projects to evaluate their 
quality and effectiveness. Along with being consistent with the Act's 
requirement that recipients measure levels of performance, the notice 
is harmonious with the Department's promotion of accountability and 
performance measures under the Government Performance and Results Act 
(GPRA).

Definitions

    Act of April 16, 1984 means the Federal law commonly known as the 
``Johnson-O'Malley Act'' that authorizes the Secretary of the Interior 
to make contracts for the education of Indians and other purposes (25 
U.S.C. 455-457).
    Acute economic need means an income that is at or below the 
national poverty level according to the latest available data from the 
Department of Commerce or the Department of Health and Human Services 
Poverty Guidelines.
    Alaska Native or Native means--
    (a) A citizen of the United States who is a person of one-fourth 
degree or more Alaska Indian (including Tsimshian Indians not enrolled 
in the Metlakta Indian Community) Eskimo, or Aleut blood, or a 
combination thereof.
    (b) The term includes--
    (1) Any Native, as so defined, either or both of whose adoptive 
parents are not Natives; and
    (2) In the absence of proof of a minimum blood quantum, any citizen 
of the United States who is regarded as an Alaska Native by the Native 
village or Native group of which he or she claims to be a member and 
whose father or mother is (or, if deceased, was) regarded as Native by 
any village or group. Any decision of the Secretary of Interior 
regarding eligibility for enrollment shall be final. (20 U.S.C. 
2326(a)(1); 43 U.S.C. 1602(b)).
    Alaska Native entity means an entity such as an Alaska Native 
village, group, or regional or village corporation. (20 U.S.C. 2326; 43 
U.S.C. 1602(c), (d), (g), and (j)).
    Alaska Native group means any tribe, band, clan, village, 
community, or village association of Natives in Alaska composed of less 
than twenty-five Natives, who comprise a majority of the residents of 
the locality. (43 U.S.C. 1602(d)).
    Alaska Native village means any tribe, band, clan, group, village, 
community, or association in Alaska--
    (a) Listed in sections 1610 and 1615 of the Alaska Native Claims 
Settlement Act; or
    (b) That meets the requirements of chapter 33 of the Alaska Native 
Claims Settlement Act; and
    (c) That the Secretary of Interior determines was, on the 1970 
census enumeration date (as shown by the census or other evidence 
satisfactory to the Secretary of Interior, who shall make findings of 
fact in each instance), composed of twenty-five or more Natives. (43 
U.S.C. 1602(c)).
    Alaska regional corporation means an Alaska Native regional 
corporation established under the laws of the State of Alaska in 
accordance with the provisions of chapter 33 of the Alaska Native 
Claims Settlement Act. (43 U.S.C. 1602(g)).
    Alaska village corporation means an Alaska Native Village 
Corporation organized under the laws of the State of Alaska as a 
business for profit or nonprofit corporation to hold, invest, manage 
and/or distribute lands, property, funds, and other rights and assets 
for and on behalf of a Native village in accordance with the terms of 
chapter 33 of the Alaska Native Claims Settlement Act. (43 U.S.C. 
1602(j)).
    Bureau means the Bureau of Indian Affairs of the U.S. Department of 
the Interior. (25 U.S.C. 2026(2)).
    Bureau-funded school means--
    (a) A Bureau operated elementary or secondary day or boarding 
school or Bureau-operated dormitory for students attending a school 
other than a Bureau school. (25 U.S.C. 2026(4));
    (b) An elementary or secondary school or dormitory which receives 
financial assistance for its operation under a contract, grant, or 
agreement with the Bureau under section 102, 103(a), or 208 of the 
Indian Self-Determination Act (25 U.S.C. 450f, 450h(a), or 458d) or 
under the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2504). (25 
U.S.C. 2026(5)); or
    (c) A school for which assistance is provided under the Tribally 
Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.). (25 U.S.C. 
2026(3)).
    Coherent sequence of courses means a series of courses in which 
vocational and academic education is integrated, and which directly 
relates to, and leads to, both academic and occupational competencies. 
The term includes competency-based education and academic education.
    Direct assistance to students means tuition, dependent care, 
transportation, books, and supplies.
    Indian means a person who is a member of an Indian tribe. (20 
U.S.C. 2326(a)(3); 25 U.S.C. 450b(d)).
    Indian tribe means any Indian tribe, band, nation, or other 
organized group or community, including any Alaska Native village or 
regional or village corporation as defined in or established pursuant 
to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
that is recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians. (20 U.S.C. 2326(a)(3); 25 U.S.C. 450b(e)).
    Institution of higher education means--
    (a) An educational institution in any State that--
    (1) Admits as regular students only persons having a certificate of 
graduation from a school providing secondary education, or the 
recognized equivalent of such a certificate;
    (2) Provides an educational program for which the institution 
awards a bachelor's degree or provides not less than a 2-year program 
that is acceptable for full credit toward such a degree;
    (3) Is a public or other nonprofit institution; and
    (4) Is accredited by a nationally recognized accrediting agency or 
association, or if not so accredited, is an institution that has been 
granted preaccreditation status by such an agency or association that 
has been recognized by the Secretary of the Interior for the granting 
of preaccreditation status, and the Secretary of Interior has 
determined that there is satisfactory assurance that the institution 
will meet the accreditation standards of such an agency or association 
within a reasonable time.
    (b) The term also includes--
    (1) Any school that provides not less than a 1-year program of 
training to prepare students for gainful employment in a recognized 
occupation and that meets the provisions of paragraphs (a)(1), (3), and 
(4) of this definition.

[[Page 563]]

    (2) A public or nonprofit private educational institution in any 
State that, in lieu of the requirement in paragraph (a)(1) of this 
definition, admits as regular students persons who are beyond the age 
of compulsory school attendance in the State in which the institution 
is located.

    (Authority:  20 U.S.C. 1001 and 2302(28))
    Special populations means--
    (a) Individuals with disabilities;
    (b) Individuals from economically disadvantaged families, including 
foster children;
    (c) Individuals preparing for nontraditional training and 
employment;
    (d) Single parents, including single pregnant women;
    (e) Displaced homemakers; and
    (f) Individuals with other barriers to educational achievement, 
including individuals with limited English proficiency.(20 U.S.C. 
2302(23)).
    Stipend means a subsistence allowance for a student that is 
necessary for the student to participate in a project funded under this 
program.
    Tribal organization means the recognized governing body of any 
Indian tribe; any legally established organization of Indians that is 
controlled, sanctioned, or chartered by that governing body or that is 
democratically elected by the adult members of the Indian community to 
be served by the organization and that includes the maximum 
participation of Indians in all phases of its activities, provided that 
in any case where a contract is let or grant made to an organization to 
perform services benefiting more than one Indian tribe, the approval of 
each such Indian tribe shall be a prerequisite to the letting or making 
of such contract or grant. (20 U.S.C. 2326(a)(3); 25 U.S.C. 450b(l)).
    Tribally Controlled College or University means an institution of 
higher education which is formally controlled, or has been formally 
sanctioned, or chartered, by the governing body of an Indian tribe or 
tribes, except that no more than one such institution shall be 
recognized with respect to any such tribe.

    (Authority:  20 U.S.C. 2302(27) and 25 U.S.C. 1801(a)(4))
    Vocational and technical education means organized educational 
activities that--
    (a) Offer a sequence of courses that provides an individual with 
the academic and technical knowledge and skills the individual needs to 
prepare for further education and careers (other than careers requiring 
a baccalaureate, master's, or doctoral degree) in current or emerging 
employment sectors; and
    (b) Include competency-based applied learning that contributes to 
an individual's academic knowledge, higher-order reasoning and problem-
solving skills, work attitudes, general employability skills, technical 
skills, and occupational-specific skills of an individual. (20 U.S.C. 
2302(29)).

Eligible Programs, Services, and Activities

    (a) Authorized programs. Under this competition--
    (1) The Secretary awards grants to carry out projects that improve 
vocational and technical education programs that are consistent with 
the purposes of the Act.
    (2) In order to ensure that grants awarded will serve to improve 
vocational and technical education programs, the Secretary funds a 
vocational and technical education program, service, or activity that--
    (i) Is new--was not provided by the applicant during the 
instructional term that preceded the request for funding under the 
NAVTEP;
    (ii) Will improve or expand an existing vocational and technical 
education program; or
    (iii) Inherently improves vocational and technical education.
    (3) A program, service, or activity inherently improves vocational 
and technical education if it proposes to--
    (i) Strengthen the academic, vocational, and technical skills of 
students participating in vocational and technical education programs--
    (A) By strengthening the rigor of the academic and vocational and 
technical components of programs; and
    (B) Through the integration of academics with vocational and 
technical education programs through a coherent sequence of courses to 
ensure learning in the core academic and vocational and technical 
subjects;
    (ii) Expand the scope, depth, and relevance of curriculum, 
especially content that provides students with a comprehensive 
understanding of all aspects of an industry and a variety of hands-on, 
job-specific experiences;
    (iii) Offer--
    (A) Work-related experience, internships, cooperative education, 
school-based enterprises, entrepreneurship, community service learning, 
and job shadowing that are related to vocational and technical 
education programs;
    (B) Coaching/mentoring and support services, extra help for 
students after school, on the weekends, and/or during the summers so 
they can meet higher standards;
    (C) Career guidance and academic counseling for students 
participating in vocational and technical education programs under the 
NAVTEP;
    (D) Placement services for students who have successfully completed 
vocational and technical education programs under the NAVTEP;
    (E) Professional development programs for teachers, counselors, and 
administrators; or
    (F) Strong partnerships among grantees and local educational 
agencies, postsecondary institutions, community leaders, adult 
education providers, and, as appropriate, other entities, such as 
employers, labor organizations, parents, and local partnerships, to 
enable students to achieve State academic standards and vocational and 
technical skills;
    (iv) Use student assessment and evaluation data to continually 
improve instruction and staff development with the goal of increasing 
student achievement; or
    (v) Perform research, development, demonstration, dissemination, 
evaluation and assessment, capacity building, and technical assistance.
    (b) Assistance to Bureau-funded secondary schools. An Indian tribe, 
a tribal organization, an Alaska Native entity, or eligible Bureau-
funded school that receives an award under this program may use all or 
a portion of the funds to provide assistance to a secondary school 
operated or supported by the Bureau of Indian Affairs to enable that 
school to carry out vocational and technical education programs.
    (c) Student stipends. (1) A portion of an award under this program 
may be used to provide stipends to a student to help meet the costs of 
participation in a NAVTEP project.
    (2) The student must--
    (i) Be enrolled in a vocational and technical education project 
funded under this program;
    (ii) Be in regular attendance in a NAVTEP project and meet the 
training institution's attendance requirement; and
    (iii) Maintain satisfactory progress in his or her course of study 
according to the training institution's published standards for 
satisfactory progress.
    (iv) Have an acute economic need that--
    (A) Prevents participation in a project funded under this program; 
and
    (B) Cannot be met through a work-study program.
    (3) The amount of a stipend may be the greater of either the 
minimum hourly wage prescribed by State or local law, or the minimum 
hourly wage established under the Fair Labor Standards Act.
    (4) A grantee may only award a stipend if the stipend combined with

[[Page 564]]

other resources the student receives does not exceed the student's 
financial need. A student's financial need is the difference between 
the student's cost of attendance and the financial aid or other 
resources available to defray the student's cost of attending a NAVTEP 
project.
    (5) To calculate the amount of a student's stipend, a grantee would 
multiply the number of hours a student actually attends vocational and 
technical education instruction by the amount of the minimum hourly 
wage that is prescribed by State or local law, or by the minimum hourly 
wage that is established under the Fair Labor Standards Act.

    Example: If a grantee uses the Fair Labor Standards Act minimum 
hourly wage of $6.15 and a student attends classes for 20 hours a 
week, the student's stipend would be $123 for the week during which 
the student attends classes ($6.15  x  20 = 123).

    (d) Direct assistance to students. (1) A grantee may provide direct 
assistance to a student if the following conditions are met:
    (A) The recipient of the direct assistance must be an individual 
who is a member of a special population and who is participating in a 
NAVTEP project.
    (B) Direct assistance may only be provided to an individual to the 
extent that it is needed to address barriers to the individual's 
successful participation in a NAVTEP project.
    (C) Direct assistance to individuals must be part of a broader, 
more generally focused effort to address the needs of individuals who 
are members of special populations. Direct assistance to individuals 
who are members of special populations is not, by itself, a ``program 
for special populations''.
    (D) Funds must be used to supplement, and not supplant, assistance 
that is otherwise available from non-Federal sources. For example, 
generally, a postsecondary educational institution could not use NAVTEP 
funds to provide child care for single parents if non-Federal funds 
previously were made available for this purpose, or if non-Federal 
funds are used to provide child care services for single parents 
participating in non-vocational programs and these services otherwise 
would have been available to vocational students in the absence of 
NAVTEP funds.
    (2) In determining how much of the grant funds may be used for 
direct assistance to a student, a grantee must consider whether:
    (A) The specific services to be provided are a reasonable and 
necessary cost of providing programs for special populations.
    (B) The amount of the grant that would be used for these services 
(both on an item-by-item basis and in the aggregate compared to the 
amount of the entire grant) would be consistent with the predecessor 
authority to fund support services under the IVEP.

Integration of Services

    (a) A tribe, tribal organization, or Alaska Native entity receiving 
financial assistance under this program may integrate those funds with 
assistance received from related programs in accordance with the 
provisions of Pub. L. 102-477, the Indian Employment, Training and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.).
    (b) A tribe, tribal organization, or Alaska Native entity wishing 
to integrate funds must have a plan that meets the requirements of the 
Indian Employment, Training and Related Services Demonstration Act of 
1992 (25 U.S.C. 3401 et seq.) and is acceptable to the Secretary of the 
Interior and the Secretary of Education.
    For further information on the integration of grant funds under 
this and related programs contact Lynn Forcia, Chief, Division of Job 
Placement and Training, Office of Economic Development, Bureau of 
Indian Affairs, U.S. Department of the Interior, 1849 C Street NW., 
Mailstop 4640-MIB, Washington, DC 20240. Telephone: (202) 219-5270. 
Internet address: [email protected]. Fax: (202) 208-3664.

Special Considerations

    In addition to the points to be awarded to applicants based on the 
selection criteria, under section 116(e) of the Act the Secretary 
awards--
    (a) Up to 10 points to applications that propose exemplary 
approaches that involve, coordinate with, or encourage tribal economic 
development plans; and
    (b) Five points to applications from tribally controlled colleges 
or universities that--
    (1) Are accredited or are candidates for accreditation by a 
nationally recognized accreditation organization as an institution of 
postsecondary vocational and technical education; or
    (2) Operate vocational and technical education programs that are 
accredited or are candidates for accreditation by a nationally 
recognized accreditation organization and issue certificates for 
completion of vocational and technical education programs. (20 U.S.C. 
2326(e)).

Selection Criteria

    The Secretary uses the following program criteria to evaluate an 
application. The maximum score for each criterion is indicated in 
parentheses.
    (a) Need for project. (15 points) (1) The Secretary considers the 
need for the proposed project.
    (2) In determining the need for the proposed project, the Secretary 
considers the following factors:
    (i) The magnitude or severity of the problem to be addressed by the 
proposed project.
    (ii) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (as evidenced 
by data such as local labor market demand, occupational trends, 
surveys, recommendations from accrediting agencies, or tribal economic 
development plans).
    (iii) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (b) Significance. (10 points) (1) The Secretary considers the 
significance of the proposed project.
    (2) In determining the significance of the proposed project, the 
Secretary considers the following factors:
    (i) The potential contribution of the proposed project to increased 
knowledge or understanding of educational needs, issues, or effective 
educational strategies for providing vocational and technical education 
to American Indians and Alaska Natives.
    (ii) The likelihood that the proposed project will result in system 
change or improvement in the applicant's educational program.
    (iii) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
vocational and technical education needs of the target population.
    (iv) The extent to which the results of the proposed project are to 
be disseminated in ways that will enable vocational and technical 
education practitioners to use the information or strategies developed 
by the proposed project.
    (v) The importance or magnitude of the results or outcomes likely 
to be attained by the proposed project, especially improvements in 
teaching and student achievement.
    (c) Quality of the project design. (25 points) (1) The Secretary 
considers the quality of the project design.

[[Page 565]]

    (2) In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (i) The extent to which goals, objectives, and outcomes are clearly 
specified and measurable (e.g., student vocational and technical 
education activities; expected enrollments, completions, and student 
placements in jobs, military specialties, and continuing education/
training opportunities in each vocational training area; the number of 
teachers, counselors, and administrators to be trained; identification 
of requirements for each course of study to be provided under the 
project, including related training areas; description of performance 
outcomes; and description of the planned dissemination activities, 
including the number and names of products or practices to be 
disseminated, target audience for dissemination activities, and 
intended uses for disseminated products or services).
    (ii) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (iii) The extent to which the design for implementing and 
evaluating the proposed project will result in information to guide 
possible replication of project activities or strategies, including 
information about the effectiveness of the approach or strategies 
employed by the project.
    (iv) The extent to which the design of the proposed project 
reflects up-to-date knowledge from research and effective practice.
    (v) The extent to which the proposed project will be coordinated 
with similar or related efforts, and with other appropriate community, 
State, and Federal resources.
    (vi) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population.
    (vii) The extent to which performance feedback and continuous 
improvement are integral to the design of the proposed project.
    (viii) The quality of the methodology to be employed in the 
proposed project.
    (d) Quality of project services. (25 points) (1) The Secretary 
considers the quality of the services to be provided by the proposed 
project.
    (2) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the following factors:
    (i) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients of 
those services.
    (ii) The extent to which the services to be provided by the 
proposed project reflect up-to-date knowledge from research and 
effective practice.
    (iii) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (iv) The extent to which the training or professional development 
services to be provided by the proposed project are of sufficient 
quality, intensity, and duration to lead to improvements in practice 
among the recipients of those services.
    (v) The extent to which the training or professional development 
services to be provided by the proposed project for the staff of its 
vocational and technical education program are of sufficient quality, 
intensity, and duration to lead to improvements in practice among the 
applicant's staff.
    (vi) The likelihood that the services to be provided by the 
proposed project will lead to improvements in the skills necessary to 
gain employment.
    (vii) The likelihood that the services to be provided by the 
proposed project will lead to improvements in the achievement of 
students as measured against rigorous academic standards.
    (viii) The likelihood that the services to be provided by the 
proposed project will lead to improvements in the skills necessary to 
gain employment or build capacity for independent living.
    (e) Quality of project personnel. (15 points) (1) The Secretary 
considers the quality of the personnel who will carry out the proposed 
project.
    (2) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on color, national origin, 
gender, age, or disability.
    (3) In addition, the Secretary considers the following factors:
    (i) The qualifications, including relevant training and experience, 
of the project director.
    (ii) The qualifications, including relevant training and 
experience, of key project personnel, especially the extent to which 
the project will use instructors who are certified to teach in the 
field in which they will provide instruction.
    (iii) The qualifications, including relevant training and 
experience, of project consultants or subcontractors.
    (f) Adequacy of resources. (5 points) (1) The Secretary considers 
the adequacy of resources for the proposed project.
    (2) In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (i) The adequacy of support, including facilities, equipment, 
supplies and other resources, from the applicant organization(s).
    (ii) The relevance and demonstrated commitment (e.g., articulation 
agreements, memoranda of understanding, letters of support, commitments 
to employ project participants) of the applicant, members of the 
consortium, local employers, or tribal entities to be served by the 
project, to the implementation and success of the project.
    (iii) The extent to which the budget is adequate to support the 
proposed project.
    (iv) The extent to which the costs are reasonable in relation to 
the objectives, design, services, and potential significance of the 
proposed project.
    (v) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits.
    (vi) The potential for continued support of the project after 
Federal funding ends, including, as appropriate, the demonstrated 
commitment of appropriate entities to provide such support.
    (g) Quality of the management plan. (10 points) (1) The Secretary 
considers the quality of the management plan for the proposed project.
    (2) In determining the quality of the management plan for the 
proposed project, the Secretary considers the following factors:
    (i) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and the milestones and performance 
standards for accomplishing project tasks.
    (ii) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (iii) The adequacy of procedures for ensuring feedback and 
continuous improvement in the operation of the proposed project.
    (iv) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project.
    (h) Quality of the project evaluation. (20 points)

[[Page 566]]

    (1) The Secretary considers the quality of the evaluation to be 
conducted by an independent evaluator of the proposed project.
    (2) In determining the quality of the evaluation, the Secretary 
considers the following factors:
    (i) The extent to which the methods of evaluation proposed by the 
grantee are thorough, feasible, and appropriate to the goals, 
objectives, and outcomes of the proposed project.
    (ii) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and the GPRA core factors discussed 
elsewhere in this notice, and will produce quantitative and qualitative 
data to the extent possible.
    (iii) The extent to which the methods of evaluation will provide 
timely guidance for quality assurance.
    (iv) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    (v) The extent to which the evaluation will provide guidance about 
effective strategies suitable for replication or testing in other 
settings. (Approved by the Office of Management and Budget under 
Control No. 1830-0542)

Additional Factors

    After evaluating applications according to the selection criteria 
in this notice, the Secretary may select other than the most highly 
rated applications for funding if doing so would--
    (a) Permit the funding of more cost-effective projects;
    (b) Prevent the duplication of an effort already being made;
    (c) Create a more equitable distribution of funds under this 
competition among Indian tribes, tribal organizations, Alaska Native 
entities, or eligible Bureau-funded schools;
    (d) Prevent the funding of an applicant who performed poorly under 
a previous award under this program, especially one who failed to 
accomplish the project objectives; or
    (e) Permit the funding of a variety of approaches for carrying out 
the activities under the NAVTEP.

Program Requirements

    To ensure the high quality of NAVTEP projects and the achievement 
of the goals and purposes of section 116(e) of the Act, the Secretary 
establishes the following program requirements:
    (a) Evaluation. (1) Each grantee shall budget for and conduct an 
ongoing evaluation of its effectiveness. An independent evaluator must 
conduct the evaluation.
    (2) The evaluation must--
    (i) Be appropriate for the project and be both formative and 
summative in nature;
    (ii) Include performance measures that are clearly related to the 
intended outcomes of the project and the GPRA core factors for the 
NAVTEP;
    (iii) Measure the effectiveness of the project, including a 
comparison between the intended and observed results, and a 
demonstration of a clear link between the observed results and the 
specific treatment given to project participants;
    (iv) Measure the extent to which information about or resulting 
from the project was disseminated and the ease by which project 
activities and results were replicated at other sites, such as through 
the grantee's development and use of guides or manuals that provide 
step-by-step directions for practitioners to follow when initiating 
similar efforts and reproducing comparable results; and
    (v) Measure the long-term impact of the project, e.g., follow-up 
data on students' employment, sustained employment, promotions, 
advancement in the military, further/continuing education or training, 
or the impact the project had on tribal economic development or 
vocational and technical education activities offered by tribes.
    (3) A proposed project evaluation design must be submitted to the 
Department for review and approval prior to the end of the first six 
months of the project period.
    (4) As required in paragraph (b)(2) of the ``PROGRAM REQUIREMENTS'' 
section of this notice, the results of the evaluation must be submitted 
to the Secretary along with the annual performance report.
    (b) Reporting. Each grantee shall submit to the Secretary the 
following reports--
    (1) A semi-annual performance report, unless the Secretary requires 
more frequent reporting, summarizing significant project 
accomplishments and, if applicable, barriers impeding progress and 
steps taken to alleviate those barriers.
    (2) A performance report must include--
    (i) A comparison of actual accomplishments to the objectives 
established for the period. Describe any problems, delays, or adverse 
conditions that materially impair the ability of the project to 
accomplish its purposes, along with the reasons for slippage and an 
explanation of any action taken or contemplated to resolve the 
difficulties;
    (ii) A description of any favorable developments that will permit 
the project to accomplish its purposes sooner, at less cost, or more 
effectively than projected; and
    (iii) A statistical report covering quantitative analyses of--
    (A) The extent to which the project achieved its goals with respect 
to enrollment, completion, and placement (into additional training or 
education, military service, or employment) of participants for the 
most recently completed training cycle(s) by gender and by courses of 
study for which instruction was provided;
    (B) The number and kind of academic, vocational and technical, and 
work credentials and competencies acquired and demonstrated by 
individuals participating in the project, including the number of those 
who have completed the education and training offered by the project. 
Grantees should also report students' participation in programs 
providing instruction at the associate degree level that is articulated 
with an advanced degree option; and
    (C) The number of referrals to social or related services that were 
intended to improve the extent to which participants benefit from the 
project (e.g., referring a student to an agency that will help her to 
obtain child care or health care, which would result in improved 
classroom attendance) or to prepare for or obtain employment.
    (3) An annual evaluation report that is submitted along with the 
annual performance report. (Approved by the Office of Management and 
Budget under Control Number 1830-0542)

Indian Self-Determination Contracts

    Section 116(b)(2) of the Act provides that grants or contracts 
awarded under section 116 are subject to the terms and conditions of 
section 102 of the Indian Self-Determination Act (ISDA)(25 U.S.C. 450f) 
and shall be conducted in accordance with the provisions of sections 4, 
5, and 6 of the Act of April 16, 1934, which are relevant to the 
programs administered under section 116(b). Section 102 of the ISDA 
authorizes Indian tribes to request self-determination contracts. 
Accordingly, an Indian tribe or tribal organization that has applied to 
the Secretary for financial assistance under the NAVTEP and has been 
notified of its selection to be a recipient of financial assistance may 
submit a request to operate its NAVTEP project through a section 102 
Indian self-determination contract.
    In accordance with section 102(a) of the ISDA, any tribe or tribal

[[Page 567]]

organization requesting to operate its project under an Indian self-
determination contract must do so by tribal resolution. After 
successful applicants are selected under the competition announced in 
this notice, the Secretary will review any such requests pursuant to 
the ISDA. If a request for an Indian self-determination contract is 
approved, the Indian tribe or tribal organization submitting the 
request will be required, to the extent possible, to operate its 
project in accordance with the terms of the ISDA, as well as in 
accordance with the relevant provisions of the NAVTEP statute and the 
program requirements established in this notice. As with grants, self-
determination contracts under the NAVTEP are limited to a 36-month 
period and subject to the availability of funds. The vocational and 
technical education programs, services, and activities provided through 
an Indian self-determination contract would have to be essentially the 
same as were proposed in the initial application and approved by the 
Department. Any tribe or tribal organization that is successful under 
the competition announced in this notice and is selected to receive 
funding, but whose request for an Indian self-determination contract is 
denied, may appeal the denial to the Secretary. If you have questions 
about ISDA self-determination contracts, please contact the staff 
listed in the FOR FURTHER INFORMATION CONTACT section of this notice.

Government Performance and Results Act (GPRA)

    The Government Performance and Results Act of 1993 (GPRA) places 
new management expectations and requirements on Federal departments and 
agencies by creating a framework for more effective planning, 
budgeting, program evaluation, and fiscal accountability for Federal 
programs. The intent of the Act is to improve public confidence by 
holding departments and agencies accountable for achieving program 
results. Departments and agencies must clearly describe the goals and 
objectives of their programs, identify resources and actions needed to 
accomplish these goals and objectives, develop a means of measuring 
progress made, and regularly report on their achievement. One important 
source of program information on successes and lessons learned is the 
project evaluation conducted under individual grants. NAVTEP grantees 
shall include the following core factors in evaluating the success of 
their projects:
    (a) Students master academic knowledge and skills that meet 
challenging State defined (at the secondary level) or program defined 
(at the postsecondary level) academic standards as measured by--
    (1) At the secondary level, an increase in the number of vocational 
and technical education students who show increased score gains in 
language arts, mathematics, science, and social studies; and
    (2) At the postsecondary level, an increase in the number of 
vocational and technical education students who receive degrees, 
certificates, or credentials.
    (b) Students master the knowledge and skills that meet State 
established (at the secondary level) or program established (at the 
postsecondary level), industry-validated vocational and technical skill 
standards as measured by--
    (1) An increase in the number of programs with industry-recognized 
skill standards so students can earn skill certificates in those 
programs; and
    (2) An increase in the number of programs offering skill 
competencies, related assessments, and industry-recognized skills 
certificates in secondary and postsecondary institutions.
    (c) Student attainment of a secondary school diploma or its State-
recognized equivalent, proficiency credentials in conjunction with a 
secondary school diploma, or a postsecondary degree or credential as 
measured by an increase in the number of vocational and technical 
education students who--
    (1) At the secondary level--
    (i) Attain high school diplomas; or
    (ii) Attain a proficiency credential in conjunction with a 
secondary school diploma or its State-recognized equivalent; or
    (2) At the postsecondary level, attain postsecondary degrees, 
certificates, and credentials.
    (d) Placement in, retention in, and completion of, postsecondary 
education or advanced training, placement in military services, or 
placement or retention in employment as measured by an increase in the 
number of vocational and technical education students who--
    (1) Graduate from secondary programs and enter postsecondary 
programs;
    (2) Graduate from postsecondary programs and enter advanced degree 
programs or advanced training;
    (3) Remain in and/or complete a postsecondary degree or certificate 
program;
    (4) Are placed in military service; or
    (5) Are placed in a job, upgraded in a job, or retain employment.
    (e) Student participation in and completion of vocational and 
technical education programs that lead to nontraditional training and 
employment as measured by an increase in the number of vocational and 
technical education students who--
    (1) Enroll in nontraditional training programs; and
    (2) Secure employment in nontraditional job/careers. (Approved by 
the Office of Management and Budget under Control Number 1830-0542)

Waiver of Rulemaking

    Under the Administrative Procedure Act (5 U.S.C. 553) the 
Department generally offers interested parties the opportunity to 
comment on proposed program requirements before they are implemented. 
However, section 437(d)(1) of the General Education Provisions Act 
exempts from formal rulemaking requirements, regulations governing the 
first grant competition under a new or substantially revised program 
authority (20 U.S.C. 1232(d)(1)). The program authority for what was 
formerly known as the Indian Vocational Education Program was 
substantially revised on October 31, 1998 by section 116 of Pub. Law 
105-332. In order to make awards on a timely basis, the Assistant 
Secretary has decided to publish this notice of program requirements 
without requesting public comment, under the authority of section 
437(d)(1). Any requirements, criteria, or regulations that the 
Department establishes for future competitions will be published in 
proposed form in the Federal Register with an opportunity for 
interested persons to comment.
    The Assistant Secretary is not promulgating any regulations through 
this notice applicable to section 116(b)(2) of the Act, relating to 
certain sections of the Indian Self-Determination Act and the Act of 
April 16, 1934. However, the Assistant Secretary is interested in 
receiving future public comment and suggestions on the Department's 
implementation of section 116 of the Act and on whether any regulations 
may be needed in the future. Please send written public comments on 
this issue to Sharon A. Jones, Division of National Programs, Office of 
Vocational and Adult Education, U.S. Department of Education, 400 
Maryland Avenue, SW. (Room 4515, Mary E. Switzer Building), Washington, 
DC 20202-7242. Telephone (202) 205-9870. Internet addresses: 
[email protected].

[[Page 568]]

Instructions for Transmittal of Applications

    Applicants are required to submit one original signed application 
and two copies of the application. All forms and assurances must have 
ink signatures. Please mark applications as ``original'' or ``copy''. 
To aid with the review of applications, the Department encourages 
applicants to submit four additional paper copies of the application. 
The Department will not penalize applicants who do not provide 
additional copies.
    (a) If an applicant wants to apply for a grant under this 
competition, the applicant must either--
    (1) Mail the original and two copies of the application on or 
before the deadline date to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA #84.101), Washington, DC 20202-4725, or
    (2) Hand deliver the original and two copies of the application by 
4:30 p.m. (Washington, DC time) on or before the deadline date to:

U.S. Department of Education, Application Control Center, Attention: 
(CFDA #84.101), Room #3633, Regional Office Building #3, 7th and D 
Streets, SW., Washington, DC
    (b) An applicant must show one of the following as proof of 
mailing:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary.
    (c) If an application is mailed through the U.S. Postal Service, 
the Secretary does not accept either of the following as proof of 
mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Notes: (1) The U.S. Postal Service does not uniformly provide a 
dated postmark. Before relying on this method, an applicant should 
check with its local post office.
    (2) The Application Control Center will mail a Grant Application 
Receipt Acknowledgment to each applicant. If an applicant fails to 
receive the notification of application receipt within 15 days from 
the date of mailing the application, the applicant should call the 
U.S. Department of Education Application Control Center at (202) 
708-9494.
    (3) The applicant must indicate on the envelope and--if not 
provided by the Department--in Item 10 of the Application for 
Federal Assistance (ED Form 424) the CFDA number--and suffix letter, 
if any--of the competition under which the application is being 
submitted.

Application Instructions and Forms

    All forms and instructions are included as Appendix A of this 
notice. Questions and answers pertaining to this program are included, 
as Appendix B, to assist potential applicants.
    To apply for an award under this program competition, an 
application must be organized in the following order, include the 
following five parts, and CONTAIN DOCUMENTATION SHOWING THAT THE 
APPLICANT AND, IF APPROPRIATE, CONSORTIUM MEMBERS ARE ELIGIBLE 
ACCORDING TO THE REQUIREMENTS IN THE ``ELIGIBLE APPLICANTS'' SECTION OF 
THIS NOTICE. The parts and additional materials are as follows:
    (1) Application for Federal Education Assistance (ED Form 424 (Rev. 
1-12-99)) and instructions.
    (2) Budget Information--Non-Construction Programs (ED Form No. 524) 
and instructions.
    (3) Budget Narrative.
    (4) Program Narrative.
    (5) Additional Assurances and Certifications:
    a. Assurances--Non-Construction Programs (Standard Form 424B).
    b. Certification regarding Lobbying, Debarment, Suspension, and 
Other Responsibility Matters; and Drug-Free Workplace Requirements (ED 
80-0013) and instructions.
    c. Certification regarding Debarment, Suspension, Ineligibility and 
Voluntary Exclusion: Lower Tier Covered Transactions (ED Form 80-0014, 
9/90) and instructions.

    Note:  ED Form 80-0014 is intended for the use of grantees and 
should not be transmitted to the Department.

    d. Disclosure of Lobbying Activities (Standard Form LLL), if 
applicable, and instructions. This document has been marked to reflect 
statutory changes. See the notice published by the Office of Management 
and Budget at 61 FR 1413 (January 19, 1996).
    e. Notice to All Applicants.
    No grant or cooperative agreement may be awarded unless a completed 
application form has been received.

FOR FURTHER INFORMATION CONTACT: Paul Geib, Linda Mayo, or Gwen 
Washington, Special Programs Branch, Division of National Programs, 
Office of Vocational and Adult Education, U.S. Department of Education, 
400 Maryland Avenue, SW. (Room 4520, Mary E. Switzer Building), 
Washington, DC 20202-7242. Telephone (202) 205-9962, 205-9353, or 205-
9270, respectively. Internet addresses:

[email protected]
[email protected]
[email protected]

Individuals who use a telecommunications device for the deaf (TDD) may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339 
between 8 a.m. and 8 p.m. Eastern time, Monday through Friday. 
Individuals with disabilities may obtain this notice in an alternative 
format (e.g., Braille, large print, audiotape, or computer diskette) on 
request to the contact person listed at the beginning of this 
paragraph. Please note, however, that the Department is not able to 
reproduce in an alternative format the standard forms included in the 
notice.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at either of the 
following sites:

http://ocfo.ed.gov/fedreg.htm
http://www.ed.gov/news.html

    To use PDF you must have Adobe Acrobat Reader, which is available 
free at either of the preceding sites. If you have questions about 
using PDF, call the U.S. Government Printing Office (GPO), toll free, 
at 1-888-293-6498; or in the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html


    Program Authority: 20 U.S.C. 2326(a)-(g).

    Dated: December 27, 2000.
Robert Muller,
Acting Assistant Secretary, Office of Vocational and Adult Education.

Estimated Public Reporting Burden

    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless it displays a 
valid OMB control number. The valid OMB control number for this 
information collection is 1830-0542. Expiration date: September 30, 
2003. The time required to complete this information collection is 
estimated to average 208 hours per response, including the time to 
review instructions, search existing data resources, gather the data 
needed, and complete and review the information collection.
    If you have any comments concerning the accuracy of the time 
estimates or suggestions for improving this form, please write to: U.S. 
Department of

[[Page 569]]

Education, Washington, DC 20202-4651.
    If you have comments or concerns regarding the status of your 
individual submission of this form, write directly to: Paul Geib, Linda 
Mayo or Gwen Washington, Division of National Programs, Office of 
Vocational and Adult Education, U.S. Department of Education, 400 
Maryland Avenue, SW., Room 4512, Mary E. Switzer Building, Washington, 
DC 20202-7242.

Appendix A

Part II--Budget Information

Instructions for Part II--Budget Information Sections A and B--
Budget Summary by Categories

    1. Personnel: Show salaries to be paid to personnel for each 
budget year.
    2. Fringe Benefits: Indicate the rate and amount of fringe 
benefits for each budget year.
    3. Travel: Indicate the amount requested both local and out of 
State travel of Program Staff for each budget year. Include funds 
for the 1st and 2nd year for two people to attend the Program 
Director's Workshop.
    4. Equipment: Indicate the cost of non-expendable personal 
property that has a cost of $5,000 or more per unit for each budget 
year.
    5. Supplies: Include the cost of consumable supplies and 
materials to be used during the project period for each budget year.
    6. Contractual: Show the amount to be used for: (1) procurement 
contracts (except those which belong on other lines such as supplies 
and equipment); and (2) sub-contracts for each budget year.
    7. Construction: Not applicable.
    8. Other: Indicate all direct costs not clearly covered by lines 
1 through 6 above, including consultants and capital expenditures 
for each budget year.
    9. Total Direct Cost: Show the total for Lines 1 through 8 for 
each budget year.
    10. Indirect Costs: Indicate the rate and amount of indirect 
costs for each budget year.
    11. Training/Stipend Cost: Indicate cost per student and number 
of hours of instruction. The amount of a stipend may be the greater 
of the minimum hourly wage prescribed by State and local law, or the 
minimum hourly wage set under the Fair Labor Standards Act.
    12. Total Costs: Show total for lines 9 through 11 for each 
budget year.

Instructions for Part III--Budget Narrative

    The budget narrative should explain, justify, and, if needed, 
clarify your budget summary. For each line item (personnel, fringe 
benefits, travel, etc.) in your budget, explain why it is there and 
how you computed the costs.
    Please limit this section to no more than five pages. Be sure 
that each page of your application is numbered consecutively.

Appendix B

    Potential applicants frequently direct questions to officials of 
the Department regarding application notices and programmatic and 
administrative regulations governing various direct grant programs. 
To assist potential applicants, the Department has assembled the 
following most commonly asked questions followed by the Department's 
answers.
    Q. Can we get an extension of the deadline?
    A. No. A closing date may be changed only under extraordinary 
circumstances. Any change must be announced in the Federal Register 
and must apply to all applications. Waivers for individual 
applications cannot be granted regardless of the circumstances.
    Q. How many copies of the application should I submit and must 
they be bound? 
    A. Applicants are required to submit one original and two copies 
of the grant application. To aid with the review of applications, 
the Department encourages applicants to submit four additional 
copies of the grant application. The Department will not penalize 
applicants who do not provide additional copies. The binding of 
applications is optional.
    Q. We just missed the deadline for the XXX competition. May we 
submit under another competition?
    A. Yes, however, the likelihood of success is not good. A 
properly prepared application must meet the specifications of the 
competition to which it is submitted.
    Q. I'm not sure which competition is most appropriate for my 
project. What should I do? 
    A. We are happy to discuss any such questions with you and 
provide clarification on the unique elements of the various 
competitions.
    Q. Will you help us prepare our application? 
    A. We are happy to provide general program information. Clearly, 
it would not be appropriate for staff to participate in the actual 
writing of an application, but we can respond to specific questions 
about application requirements, evaluation criteria, and the 
priorities. Applicants should understand, however, that prior 
contact with the Department is not required, nor will it in any way 
influence the success of an application.
    Q. When will I find out if I'm going to be funded?
    A. You can expect to receive notification within 3 to 4 months 
of the applications received and the number of Department 
competitions with similar closing dates.
    Q. Once my application has been reviewed by the review panel, 
can you tell me the outcome?
    A. No. Every year we are called by a number of applicants who 
have a legitimate reason for needing to know the outcome of the 
panel review prior to official notification. Some applicants need to 
make job decisions, some need to notify a local school district, 
etc. Regardless of the reason, because final funding decisions have 
not been made at that point, we cannot share information about the 
results of the panel review with anyone.
    Q. Will my application be returned if I am not funded? 
    A. No. We no longer return unsuccessful applications. Thus, 
applicants should retain at least one copy of the application.
    Q. Can I obtain copies of reviewers' comments?
    A. Upon written request, reviewers' comments will be mailed to 
unsuccessful applicants.
    Q. If my application receives high scores from the reviewers, 
does that mean that I will receive funding? 
    A. Not necessarily. It is often the case that the number of 
applications scored highly by the reviewers exceeds the dollars 
available for funding projects under a particular competition. The 
order of selection, which is based on the scores of all the 
applications reviewed and other relevant factors, determines the 
applications that can be funded.
    Q. What happens during pre-award clarification discussions? 
    A. During pre-award clarification discussions, technical and 
budget issues may be raised. These are issues that have been 
identified during the panel and staff reviews that require 
clarification. Sometimes issues are stated as ``conditions.'' These 
are issues that have been identified as so critical that the award 
cannot be made unless those conditions are met. Questions may also 
be raised about the proposed budget. Generally, these issues are 
raised because an application contains inadequate justification or 
explanation of a particular budget item, or because the budget item 
seems unimportant to the successful completion of the project. If 
you are asked to make changes that you feel could seriously affect 
the project's success, you may provide reasons for not making the 
changes or provide alternative suggestions. Similarly, if proposed 
budget reductions will, in your opinion, seriously affect the 
project activities, you may explain why and provide additional 
justification for the proposed expenses. An award cannot be made 
until all issues under discussion have been resolved.
    Q. How do I provide an assurance?
    A. Except for SF-424B. ``Assurances--Non-Construction 
Programs,'' you may provide an assurance simply by stating in 
writing that you are meeting a prescribed requirement.
    Q. Where can copies of the Federal Register, Education 
Department General Administrative Regulations (EDGAR), and Federal 
statutes be obtained?
    A. Copies of these materials can usually be found at your local 
library. If not, they can be obtained from the Government Printing 
Office by writing to Superintendent of Documents, U.S. Government 
Printing Office, Washington, DC 20402. Telephone: (202) 708-8228. 
When requesting copies of regulations or statutes, it is helpful to 
use the specific name of the public law, number of a statute, or 
part number of a regulation. The material referenced in this notice 
should be referred to as follows:
    (1) The Carl D. Perkins Vocational and Technical Education Act 
of 1998.
    (2) Education Department General Administrative Regulations, 34 
CFR parts 74, 75, 77, 80, 81, 82, 85, 86, 97, 98, and 99.
    Copies of these materials may also be found on the World Wide 
Web at http://www.access.gpo.gov/nara.

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[FR Doc. 01-68 Filed 1-2-01; 8:45 am]
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