[Federal Register Volume 67, Number 45 (Thursday, March 7, 2002)]
[Notices]
[Pages 10437-10445]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5487]


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DEPARTMENT OF LABOR

Employment and Training Administration


Workforce Investment Act: Indian and Native American Employment 
and Training Programs; Solicitation for Grant Applications: Final 
Grantee Designation Procedures for Program Years 2002 and 2003

AGENCY: Employment and Training Administration, Labor.

ACTION: Notice of final designation procedures for grantees.

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SUMMARY: This document contains the procedures by which the Department 
of Labor (DOL) will select and designate service providers for Program 
Years 2002 and 2003 for Indian and Native American Employment and 
Training Programs under section 166 of the Workforce Investment Act 
(WIA). Grantees or potential eligible providers participating in Public 
Law 102-477 Demonstration Projects must apply for designation if they 
wish to receive or continue to receive WIA funds for Program Years 2002 
and 2003. Public Law 102-477 allows Federally-recognized tribes to 
consolidate their formula-funded employment and training and related 
dollars under a single service plan administered by the Bureau of 
Indian Affairs. This notice provides the information that applicants 
need to submit appropriate requests for designation.

DATES: Notices of Intent must be received in the Department March 22, 
2002. All applicants are advised that U.S. mail delivery in the 
Washington, DC area has been erratic due to the recent concerns 
involving anthrax contamination. All applicants must take this into 
consideration when preparing to meet the application deadline, as you 
assume the risk for ensuring a timely submission; that is, if because 
of these mail problems, the Department does not receive an application 
or receives it too late to give it proper consideration, even if it was 
timely mailed, the Department is not required to consider the 
application.

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

FOR FURTHER INFORMATION: We recommend that you confirm receipt of this 
submission by contacting Ms. Andrea T. B. Brown, U.S. Department of 
Labor, Division of Indian and Native American Programs, telephone 
number (202) 693-3736 [this is not a toll-free number].

SUPPLEMENTARY INFORMATION:

Workforce Investment Act; Indian and Native American Programs; 
Final Designation Procedures for Program Years 2002 and 2003

Table of Contents

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

[[Page 10438]]

Introduction: Scope and Purpose of This Notice

    Section 166 of the Workforce Investment Act (WIA) authorizes 
programs to serve the employment and training needs of Indians and 
Native Americans.
    Requirements for these programs are set forth in WIA section 166 
and its regulations, codified at 20 CFR part 668, published at 65 FR 
49294, 49435 (August 11, 2000). The specific eligibility and 
application requirements for designation are set forth at 20 CFR Part 
668, Subpart B. It should be noted that community and faith-based 
organizations are eligible to apply for these grants, but only if they 
are Native-American controlled as defined in this announcement. Under 
these requirements, the Department of Labor (DOL) selects entities for 
funding for a two-year period. Designated service providers will be 
funded annually during the designation period, contingent upon all 
other grant award requirements being met and the continuing 
availability of Federal funds.
    The Notice of Intent (see Part III, below) must be submitted by all 
applicants. Any organization interested in being designated as a Native 
American section 166 grantee should be aware of and comply with the 
procedures in all parts of this SGA.
    The amount of WIA section 166 funds to be awarded to designated 
Native American organizations is determined under the procedures set by 
20 CFR 668.296.

I. General Designation Principles

    The following general principles reflect the WIA and regulatory 
language which underpin the designation process. These principles do 
not, in any way, constitute evaluation criteria for review of 
applications. Those criteria appear exclusively in Part IV below:
    (1) All applicants for designation must comply with the 
requirements found at 20 CFR part 668, subpart B, which contains the 
basic eligibility, application, and designation requirements. Potential 
applicants should be aware that a non-incumbent entity must have a 
population within the designated geographic service area which would 
provide formula funding under 20 CFR 668.296(b) [and 20 CFR 668.440(a) 
if the entity is eligible to receive Supplemental Youth Services 
funding] in the amount of at least $100,000 per program year. See 20 
CFR 668.200(a)(3). Federally-recognized tribes wishing to participate 
in the demonstration under Public Law 102-477 must have a service area 
and population which generates at least $20,000 per year in total 
section 166 formula funds. For those tribes wishing to participate in 
the ``477'' demonstration, exceptions may be made to this $20,000 WIA 
designation threshold if: (1) The total resources to be included in the 
``477 plan'' exceed $100,000; (2) the amount of section 166 formula 
funding is close to the $20,000 limit; and (3) the plan is otherwise 
approvable. Determinations of this exception (and resultant WIA 
designation or non-designation) will be made on a case-by-case basis.
    (2) High unemployment, lack of training, lack of employment 
opportunity, societal and other barriers exist within predominantly INA 
communities and among INA groups residing in other communities. The 
underlying philosophy of this program is that Indians and Native 
Americans are best served by a responsible Indian and Native American 
organization directly representing them, with the demonstrated 
knowledge and ability to coordinate resources within the respective 
communities. The WIA and the implementing regulations (20 CFR 668.210) 
establish priorities for Indian and Native American organizations. 
Those priorities are the basis for the steps which will be followed in 
designating grantees.
    (3) A Federally-recognized tribe, band or group on its reservation 
(including former reservation areas in Oklahoma), and Alaska Native 
entities defined in the Alaska Native Claims Settlement Act (ANCSA) (or 
consortia that include a tribe or an ANCSA entity) are given highest 
priority over any other organization if they have the capability to 
administer the program and meet all eligibility and regulatory 
requirements. This priority applies only to the areas over which the 
organizations have legal jurisdiction. See 20 CFR 668.210(a). 
Consistent with the holding in Narragansett Indian Tribe v. U.S. 
Department of Labor, [ALJ Case No. 2000-WIA-6 (12/20/2000) and ARB Case 
No. 01-027 (07/20/2001)], we interpret 20 CFR 668.210(a) as requiring 
that we give priority only to a Federally-recognized tribe on its 
reservation, to a Federally-recognized Oklahoma tribe over its members 
on its former reservation, and to an Alaska Native Corporation (or its 
designated entity) within its corporation area as defined under ANCSA.
    In the event that such a tribe, band or group (including an 
Oklahoma and/or Alaska Native entity) is not designated to serve its 
reservation or geographic service area, the DOL will consult with the 
governing body of such entities when designating alternative service 
deliverers. Such consultation may be accomplished in writing, in 
person, or by telephone, as time and circumstances permit. When it is 
necessary to select alternative service deliverers, the Grant Officer 
will, in accordance with 20 CFR 668.280, whenever possible, accommodate 
the views and recommendations of the INA community leaders and the 
Division of Indian and Native American Programs (DINAP). Whenever 
possible, the Grant Officer will attempt to select an experienced 
alternative service provider(s) from a contiguous area. However, if 
necessary, the Grant Officer may divide the service area between two or 
more entities and/or, if necessary, select an alternative service 
provider from a non-contiguous area. If time permits, the Grant Officer 
will solicit the views of other Federally-recognized tribal entities 
within the service area, if any. See 20 CFR 668.210(b).
    (4) In designating Native American section 166 grantees for areas 
not covered by the highest priority in accordance with (3) above, DOL 
will designate Indian and Native American-controlled organizations as 
service providers. This would include the group referred to in (3) 
applying for off-reservation areas. As noted in (3) above, when 
vacancies occur, the Grant Officer will select alternates in accordance 
with 20 CFR 668.280.
    (5) Incumbent and non-incumbent applicants seeking additional areas 
are expected to clearly demonstrate a working knowledge of the 
community that they plan to serve, including available resources, 
resource utilization and acceptance by the service population.
    (6) Special employment and training services for Indian and Native 
American people have been provided through an established service 
delivery network for the past year under the Workforce Investment Act, 
and for 25 years under the authority of JTPA section 401 and its 
predecessor, section 302 of the Comprehensive Employment and Training 
Act (CETA). The DOL intends to exercise its designation authority to 
both preserve the continuity of services to the INA population and to 
preserve the viability of existing geographic service areas by 
rejecting applications for service areas which would not satisfy 20 CFR 
668.200(a)(3).
    (7) The Grant Officer will accord some preference for those Native 
American organizations which have demonstrated their capability to 
deliver employment and training services within an established 
geographic service area. However, this preference does not

[[Page 10439]]

preclude the selection of a new grantee that clearly demonstrates a 
significant superiority in providing services in another service area. 
Such preference will be determined through input and recommendations 
from the Chief of DOL's Division of Indian and Native American Programs 
(DINAP) and DOL's Division of Federal Assistance (DFA). This preference 
is reflected in the language of Part IV which provides that an 
incumbent will be required to compete for continuation as a grantee 
only where the Grant Officer determines that a competitor has 
demonstrated the potential for superiority over the incumbent.
    (8) In preparing applications for designation, applicants should 
bear in mind that the purpose of section 166 of WIA is ``to support 
employment and training activities for Indian, Alaska Native, and 
Native Hawaiian individuals in order--
    (A) to develop more fully the academic, occupational, and literacy 
skills of such individuals;
    (B) to make such individuals more competitive in the workforce; and
    (C) to promote the economic and social development of Indian, 
Alaska Native, and Native Hawaiian communities in accordance with the 
goals and values of such communities.''
    It should be noted that these ``General Designation Principles'' 
are not intended as ``hard and fast rules'' which must be followed to 
the letter in any and all designation activities. In particular, they 
do not supplement or supersede the criteria set by Part IV, below. In 
cases of competition between or among Native American groups, the Grant 
Officer's primary consideration is the protection of Federal funds, 
followed closely by the mandate to select the entity best able to 
provide the required services to the individuals residing in the given 
service delivery area. These principles in no way expand the rights of 
incumbent and potential grantees under the existing statute and 
regulations.

II. Waiver Provisions

    WIA section 166(c)(2) states:

    The competition for grants, contracts, or cooperative agreements 
conducted under paragraph (1) shall be conducted every 2 years, 
except that if a recipient of such a grant, contract, or agreement 
has performed satisfactorily, the Secretary may waive the 
requirement for such competition on receipt from the recipient of a 
satisfactory 2-year program plan for the succeeding 2-year period of 
the grant, contract, or agreement.

    Because a ``full competition'' for the first designation under WIA 
was held two years ago, the Department is exercising this waiver option 
for this two-year designation period. All incumbent grantees that have 
performed ``satisfactorily,'' both programmatically and 
administratively, under their present grant may receive a waiver from 
competition for the PY 2002-2003 designation period. The responsibility 
review criteria at 20 CFR 667.170 will serve as the baseline criteria 
for determining ``satisfactory performance,'' although the seriousness 
of the factors supporting a finding of unsatisfactory performance will 
be less than that required to support a finding of non-responsibility, 
and other factors such as program performance may be involved. As in 
previous designation cycles under the Job Training Partnership Act 
where a waiver option has been utilized by the Department, the minimum 
performance period needed to qualify a grantee for a waiver of 
competition is two consecutive program years.
    Incumbent grantees will not have to request this waiver. Based on 
the standards described above, the Department has determined which 
grantees qualify for a waiver, and has included the list of those 
grantees in Part VIII of this announcement. Incumbent grantees, 
including Federally-recognized tribes serving areas outside their 
reservations, which are not granted waivers will be subject to the 
competitive process published in this solicitation.
    Incumbent grantees receiving a waiver will be required to submit 
only a properly completed SF-424 for their currently-designated service 
area(s), postmarked by February 1, 2002, or fifteen days from the date 
of publication of this solicitation, whichever is later, and a 
certification that their applicant organization's status has not 
changed from its original designation (see Part III.2.A).
    Non-incumbent entities that qualify for priority designation (see 
Part I.(3) above) may apply for and be designated to serve their 
priority service area (i.e., reservation), providing these applicants 
are otherwise eligible under the regulations at 20 CFR 668.200(a)(3). 
For those Federally-recognized tribes (or consortia thereof) wishing to 
participate in the demonstration under Public Law 102-477 and unable to 
qualify under the $100,000 funding ceiling, a ``477 plan'' must have 
been received by the Bureau of Indian Affairs before the March 1, 2002 
designation determination date set forth at 20 CFR 668.260(a).
    Incumbent tribes and organizations that have been participating in 
the demonstration under Public Law 102-477 will be granted waivers from 
competition, unless they have outstanding and serious unresolved issues 
with the Department(s) providing their ``477 funding'' which would 
affect their continued WIA designation. Otherwise, ``477 tribes'' whose 
legal status has not changed need only submit a properly completed SF-
424 to be designated for the PY 2002-2003 funding period.

III. Notice of Intent

1. Dates and Address for Submittal
    Send a signed original and two copies of the completed Notice of 
Intent (NOI) to Mr. James C. DeLuca, Chief, Division of Indian and 
Native American Programs, Room N-4641 FPB, ATTN: MIS Desk, U.S. 
Department of Labor, 200 Constitution Ave., NW., Washington, DC 20210.
    Notices of Intent that comply with the requirements of this 
solicitation must be received by or postmarked by February 1, 2002, or 
15 days from date of publication of this solicitation in the Federal 
Register, whichever is later. NOI's not received by the deadline will 
be accepted only with an official, U.S. Postal Service postmark 
indicating timely submission. Dates indicating submission by private 
express delivery service or by metered mail are unacceptable as proof 
of submission. All applicants are advised that U.S. mail delivery in 
the Washington, DC area has been erratic due to the recent concerns 
involving anthrax contamination. All applicants must take this into 
consideration when preparing to meet the application deadline, as you 
assume the risk for ensuring a timely submission; that is, if because 
of these mail problems, the Department does not receive an application 
or receives it too late to give it proper consideration, even if it was 
timely mailed, the Department is not required to consider the 
application.
    When more than one eligible organization applies to provide 
services in the same area, a review of the applicants will be conducted 
and, when necessary, a competitive selection will be made. Competing 
applicants will be notified of such competition as soon as possible, 
and may submit revised Notices of Intent to be received by the 
Department or postmarked no later than February 15, 2002, or a date 15 
days after the applicant is notified of the competition. At a minimum, 
revised Notices of Intent should include the information required in 
Part A as applicable and Part B. All Notices of Intent must be 
submitted to the Chief of DINAP at the above address.

[[Page 10440]]

2. Submission of Notice of Intent Via E-Mail
    Due to the erratic mail delivery in the Washington, DC area, the 
applicant has the option of submitting its Notice of Intent via e-mail, 
[email protected]. However, due to the high volume of applications, the 
return receipt option must be utilized in order to verify receipt of 
the application. Should the applicant choose to e-mail the Notice of 
Intent, an originally-signed signature sheet, along with a copy of the 
applicant's e-mail/written verification of receipt, must follow via 
overnight mail. E-mailed Notices of Intent will be accepted in 
Microsoft WORD or WordPerfect only.
3. Instructions for Obtaining Return Receipt
    Before sending the e-mail, click on ``file,'' go to ``properties, 
return notification,'' and finally click on ``mail receipt.'' The 
sender will automatically receive an e-mail notification when the e-
mail is opened. Please note that faxed applications will not be 
accepted.
4. Notice of Intent Content and Procedure
    The information required in Part A must be provided by all 
applicants, except for those incumbent Federally-recognized tribes 
participating in the demonstration under Public Law 102-477 whose 
status has not changed. Additionally, competing organizations will be 
required, if notified by the Grant Officer, to provide the information 
in Part B.
Part A
    1. A completed SF-424, ``Application for Federal Assistance,'' 
signed by the authorized signatory official. For those current grantees 
receiving a waiver under WIA section 166(c)(2), the SF-424, accompanied 
by a statement that the designated organization remains intact, is all 
that must be submitted. Consortium grantees, even if receiving a 
waiver, must also submit either an updated consortium agreement or a 
statement signed by all members indicating that the consortium remains 
intact. Applicants receiving a waiver and not applying for additional 
service area(s) need not complete items 2 through 6;
    2. An identification of the applicant's legal status, including 
articles of incorporation or consortium agreement as appropriate;
    3. A specific description of the territory being applied for, by 
State(s), counties, reservation(s) or similar area, or service 
population;
    4. A very brief summary, including the funding source, contact 
person and phone number of the employment and training or human 
resource development programs serving Native Americans that the entity 
currently operates or has operated within the previous two-year period;
    5. A brief description of the planning process used by the entity, 
including involvement of the governing body and local employers;
    6. Evidence to establish an entity's ability to administer funds 
under 20 CFR 668.220 and 668.230 which should at a minimum include:
    (a) A statement that the organization is in compliance with the 
Department's debt management procedures; and
    (b) A statement that fraud or criminal activity has not been found 
in the organization, or a brief description of the circumstance where 
it has been found and a description of resolution, corrective action 
and current status; and
    (c) A narrative demonstrating that an entity has or can acquire the 
necessary program and management personnel to safeguard federal funds 
and effectively deliver program services that support the purposes of 
the Workforce Investment Act; and
    (d) If not otherwise provided, a narrative demonstrating that an 
entity has successfully carried out or has the ability to successfully 
carry out activities that will strengthen the ability of the 
individuals served to obtain or retain unsubsidized employment, 
including the past two-year history of publicly funded grants/contracts 
administered including identification of the fund source and a contact 
person.
    In addition, grantees not receiving a waiver as the result of 
failure to perform satisfactorily (as opposed to not having been in 
operation for two full, consecutive years) must specifically enumerate 
and explain actions taken to correct deficiencies identified by the 
Department, including specific time frames for completion. The Grant 
Officer may require additional or clarifying information or action, 
including a site visit, before designating those applicants.
Part B
    If the Grant Officer determines that there is competition for all 
or part of a given service area, the following information will be 
required of the competing entities:
    (1) Evidence that the entity represents the community proposed for 
services such as: Demonstration of support from Native American-
controlled organizations, State agencies, or other entities with 
specific knowledge of the applicant's operational capability; and
    (2) Submission of a service plan and other information expanding on 
the information required at Part A which the applicant feels can 
strengthen its case, including information on any unresolved or 
outstanding administrative problems.
    Exclusive of charts or graphs and letters of support, the 
additional information submitted to augment the Notice of Intent in a 
situation involving competition should not exceed 75 pages of double-
spaced, unreduced type.
    Incumbent and non-incumbent Federally-recognized tribes, and 
Hawaiian and Alaska Native entities, need not submit evidence of 
support regarding their own reservations or areas of legal 
jurisdiction. However, such entities are required to provide such 
evidence for any area which they wish to serve beyond their reservation 
boundaries, or their Congressionally-mandated or Federally-established 
service areas.
    All applicants for non-contiguous geographic service areas must 
prepare a separate, complete Notice of Intent (including the above-
referenced supplementary information if applicable) for each such area.
    An applicant whose Notice of Intent contains all of the information 
otherwise required in Part B need not supplement the NOI.

IV. Use of Panel Review Prodecure

    An initial review of all applicants, conducted by DINAP and with 
the concurrence of the Grant Officer, will identify priority applicants 
and recommend those areas requiring further competition. In areas under 
competition, a formal panel review process will be utilized under the 
following circumstances:
    (1) When one or more new applicants, none qualifying for the 
highest priority for the requested area, can demonstrate the potential 
for superiority over the non-priority incumbent organization; or
    (2) When two or more applicants, none qualifying for the highest 
priority, request an area and the incumbent organization fails to apply 
for designation, or is required to compete.
    When further competition occurs, the Grant Officer will convene a 
review panel to score the information submitted with the Notice of 
Intent (Part A and B). This panel will include individuals with 
knowledge of or expertise in programs dealing with Indians and Native 
Americans. The purpose of the panel is to review and evaluate an 
organization's potential, based on its application (including the

[[Page 10441]]

supplemental information required in Part B), to provide services to a 
specific Native American community, to rate the proposals in accordance 
with the rating criteria described below and to make recommendations to 
the Grant Officer. The panel will be provided the information described 
in the Notice of Intent.
    It is DOL's policy that no information affecting the panel review 
process will be solicited or accepted after the deadlines for receipt 
of applications set in this Notice. All information provided before 
these deadlines must be in writing.
    This policy does not preclude the Grant Officer from requesting 
additional information independent of the panel review process.
    During the review, the panel will not give weight to undocumented 
assertions. Any information must be supported by adequate and 
verifiable documentation, e.g., supporting references must contain the 
name of the contact person, an address, and telephone number. Panel 
recommendations are advisory to the Grant Officer.
    The factors listed below will be considered in evaluating the 
applicants approach to providing services.

------------------------------------------------------------------------
      Established Native American-controlled         Maximum allowable
                  organizations                            points
------------------------------------------------------------------------
1. (a) Previous experience or demonstrated         30 points.
 capabilities in successfully operating an
 employment and training program established for
 and serving Indians and Native Americans.
(b) Previous experience in operating or            10 points.
 coordinating with other human resources
 development programs serving Indians or Native
 Americans.
(c) Approach to providing services, including      10 points.
 identification of the training and employment
 problems and needs in the requested area, and
 approach to addressing such needs.
2. Demonstration of the ability to maintain        10 points.
 continuity of services to Indian or Native
 American participants consistent with those
 previously provided in the community.
3. (a) Description of the entity's planning        5 points.
 process and demonstration of involvement with
 the INA community.
(b) Demonstration of involvement with local        5 points.
 employers within the service area, and with
 local Workforce Investment Boards and Youth
 Councils, etc.
4. Demonstration of coordination and linkages      15 points.
 with Indian and non-Indian employment and
 training resources within the community,
 including, but not limited to, community and
 faith-based organizations and One-Stop systems
 (as applicable), to eliminate duplication of
 effort.
5. Demonstration of support and recognition by     15 points.
 the Native American community and service
 population, including local tribes and adjacent
 Indian organizations and the client population
 to be served.
    Total........................................  100 points.
------------------------------------------------------------------------

V. Notification of Designation/Nondesignation

    The Grant Officer will make the final designation decision giving 
consideration to the following factors: the review panel's 
recommendation, in those instances where a panel is convened; input 
from DINAP, other offices within the Employment and Training 
Administration, and the DOL Office of the Inspector General; and any 
other available information regarding the organization's financial and 
operational capability, and responsibility. The Grant Officer will 
select the entity that demonstrates the ability to produce the best 
outcomes for its customers. If at all possible, designation decisions 
will be made by the March 1, 2002 deadline, and will be provided to 
applicants as follows:
    (1) Designation Letter. The designation letter signed by the Grant 
Officer will serve as official notice of an organization's designation. 
The letter will include the geographic service area for which the 
designation is made. It should be noted that the Grant Officer is not 
required to adhere to the geographical service area requested in the 
Notice of Intent. The Grant Officer may make the designation applicable 
to all of the area requested, a portion of the area requested, or if 
acceptable to the designee, more than the area requested.
    (2) Conditional Designation Letter. Conditional designations will 
include the nature of the conditions, the actions required to be 
finally designated and the time frame for such actions to be 
accomplished. Failure to satisfy such conditions may result in a 
withdrawal of designation. Organizations with no prior grant history 
with the Department may be conditionally designated pending an on-site 
review and/or a six-month assessment of program progress.
    (3) Non-Designation Letter. Any organization not designated, in 
whole or in part, for a geographic service area requested will be 
notified formally of the Non-Designation and given the basic reasons 
for the determination. An applicant for designation which is refused 
such designation, in whole or in part, will be afforded the opportunity 
to appeal its Non-Designation as provided at 20 CFR 668.270.

VI. Special Designation Situations

    (1) Alaska Native Entities. DOL has established geographic service 
areas for Alaska Native employment and training grantees based on the 
following: (a) the boundaries of the regions defined in the Alaska 
Native Claims Settlement Act (ANCSA); (b) the boundaries of major sub-
regional areas where the primary provider of human resource 
development-related services is an Indian Reorganization Act (IRA)-
recognized tribal council; and (c) the boundaries of the one Federal 
reservation in the State. Within these established geographic service 
areas, DOL will designate the primary Alaska Native-controlled human 
resource development services provider or an entity formally selected 
by such provider. In the past, these entities have been regional 
nonprofit corporations, IRA-recognized tribal councils, and the tribal 
government of the Metlakatla Indian Community. DOL intends to follow 
these principles in designating Native American grantees in Alaska for 
Program Years 2002 and 2003.
    (2) Oklahoma Indians. DOL has established a service delivery system 
for Indian employment and training programs in Oklahoma based on a 
preference for Oklahoma Indian tribes and organizations to serve 
portions of the State. Generally, service areas have been designated 
geographically as countywide areas. In cases in which a significant 
portion of the land area of an individual county lies within the 
traditional jurisdiction(s) of more than one tribal government, the 
service area has been subdivided to a certain extent on the basis of 
tribal identification information contained in the most recent Federal 
Decennial Census of Population. Wherever possible,

[[Page 10442]]

arrangements mutually satisfactory to grantees in adjoining or 
overlapping geographic service areas will be honored by DOL. Where 
mutually satisfactory arrangements cannot be made, DOL will designate 
and assign service area to Native American grantees in a manner which 
is consistent with WIA and that will preserve the continuity of 
services and prevent unnecessary fragmentation of the programs.

VII. Designation Process Glossary

    In order to ensure that all interested parties have the same 
understanding of the process, the following definitions are provided:
    (1) Indian or Native American-Controlled Organization. This is 
defined as any organization with a governing board, more than 50 
percent of whose members are Indians or Native Americans. Such an 
organization can be a tribal government, Native Alaska or Native 
Hawaiian entity, consortium, or public or private nonprofit agency. For 
the purpose of designation determinations, the governing board must 
have decision-making authority for the WIA section 166 program. It 
should be noted that, under WIA section 166(d)(2)(B), individuals who 
were eligible to participate under section 401 of JTPA on August 6, 
1998, will be eligible to participate under WIA. Organizations serving 
such individuals will be considered ``Indian controlled'' for WIA 
section 166 purposes if they meet the criteria of this paragraph.
    (2) Service Area. This is defined as the geographic area described 
as States, counties, and/or reservations for which a designation is 
made. In some cases, it will also be defined in terms of the specific 
population to be served. The service area is identified by the Grant 
Officer in the formal designation letter. Grantees must ensure that all 
eligible population members have equitable access to employment and 
training services within the service area.
    (3) Incumbent Organizations. Organizations which are current 
grantees under WIA section 166, during PY 2001, are considered 
incumbent grantees for the existing service area, for the purposes of 
WIA.

VIII. Waivers of Competition

Alabama
Inter-Tribal Council of Alabama
Poarch Band of Creek Indians
Alaska
Aleutian-Pribilof Islands Association
Association of Village Council Presidents
Bristol Bay Native Association
Central Council of Tlingit and Haida Indian Tribes of Alaska
Chugachmiut
Cook Inlet Tribal Council, Inc.
Kawerak, Incorporated
Kenaitze Indian Tribe
Kodiak Area Native Association
Maniilaq Manpower, Inc.
Metlakatla Indian Community
Orutsararmuit Native Council
Tanana Chiefs Conference, Inc.
Arizona
Affiliation of Arizona Indian Centers, Inc.
American Indian Association of Tucson
Colorado River Indian Tribes
Gila River Indian Community
Hualapai Reservation and Trust Land
Hopi Tribal Council
Native Americans for Community Action, Inc.
The Navajo Nation
Phoenix Indian Center, Inc.
Quechan Indian Tribe
Salt River/Pima-Maricopa Indian Community
San Carlos Apache Tribe
Tohono O'Odham Nation
White Mountain Apache Tribe
Arkansas
American Indian Center of Arkansas, Inc.
California
California Indian Manpower Consortium
Candelaria American Indian Council
Indian Human Resources Center, Inc.
Northern California Indian Development Council, Inc.
Southern California Indian Center, Inc.
United Indian Nations, Inc.
Ya-Ka-Ama Indian Education & Development
Colorado
Denver Indian Center, Inc.
Southern Ute Indian Tribe
Ute Mountain Ute Tribe
Delaware
Nanticoke Indian Association, Inc.
Florida
Florida Governor's Council on Indian Affairs
Miccosukee Corporation
Seminole Tribe of Florida
Hawaii
Alu Like, Inc.
Idaho
Nez Perce Tribe
Shoshone-Bannock Tribes
Kansas
Mid-American All Indian Center, Inc.
United Tribes of Kansas and Southeast Nebraska, Inc.
Louisiana
Inter-Tribal Council of Louisiana, Inc.
Maine
Penobscot Nation
Massachusetts
Mashpee-Wampanoag Indian Tribal Council, Inc.
North American Indian Center of Boston, Inc.
Michigan
Grand Traverse Band of Ottawa and Chippewa
Inter-Tribal Council of Michigan, Inc.
Michigan Indian Employment and Training Services, Inc.
The Pokagon Band of Potawatomi Indians
Sault Ste. Marie Tribe of Chippewa Indians
Southeastern Michigan Indians, Inc.
Minnesota
American Indian Opportunities Industrialization Center
Fond Du Lac Reservation Business Council
Leech Lake Reservation Tribal Council
Mille Lacs Band of Chippewa Indians
Minneapolis American Indian Center
Red Lake Tribal Council
White Earth Reservation Business Council
Mississippi
Mississippi Band of Choctaw Indians
Missouri
American Indian Council, Inc.
Montana
Assiniboine & Sioux Tribes
Blackfeet Tribal Business Council
Confederated Salish & Kootenai Tribes
Crow Tribe of Indians
Fort Belknap Indian Community
Northern Cheyenne Tribe
Nebraska
Indian Center, Inc.
Omaha Tribe of Nebraska
Winnebago Tribe of Nebraska
Nevada
Inter-Tribal Council of Nevada, Inc.
Las Vegas Indian Center, Inc.
Shoshone-Paiute Tribes
New Jersey
Powhatan Renape Nation
New Mexico
Alamo Navajo School Board, Inc.
All Indian Pueblo Council, Inc.
Eight Northern Indian Pueblos Council

[[Page 10443]]

Five Sandoval Indian Pueblos
Jicarilla Apache Tribe
Mescalero Apache Tribe
National Indian Youth Council
Pueblo of Acoma
Pueblo of Laguna
Pueblo of Taos
Pueblo of Zuni
Ramah Navajo School Board, Inc.
Santa Clara Indian Pueblo
Santo Domingo Tribe
New York
American Indian Community House, Inc.
Native American Community Services of Erie & Niagara Counties
Native American Cultural Center, Inc.
St. Regis Mohawk Tribe
North Carolina
Cumberland County Association for Indian People
Eastern Band of Cherokee Indians
Guilford Native American Association
Haliwa-Saponi Indian Tribe, Inc.
Lumbee Regional Development Association, Inc.
Metrolina Native American Association
North Carolina Commission of Indian Affairs
North Dakota
Spirit Lake Sioux Tribe
Standing Rock Sioux Tribe
Turtle Mountain Band of Chippewa Indians
United Tribes Technical College
Ohio
North American Indian Cultural Center, Inc.
Oklahoma
Absentee Shawnee Tribe of Oklahoma
American Indian Education, Training & Employment Center, Inc.
Cherokee Nation of Oklahoma
Cheyenne-Arapaho Tribes of Oklahoma
Chickasaw Nation
Choctaw Nation of Oklahoma
Citizen Potawatomi Nation
Comanche Indian Tribe
Delaware Tribe of Oklahoma
Four Tribes Consortium of Oklahoma
Inter-Tribal Council of N.E. Oklahoma
Kiowa Tribe of Oklahoma
Muscogee (Creek) Nation of Oklahoma
Osage Nation
Pawnee Tribe of Oklahoma
Ponca Tribe of Oklahoma
Seminole Nation of Oklahoma
Oregon
Confederated Tribes of Siletz Indians
Confederated Tribes of the Umatilla Indian Reservation
Confederated Tribes of Warm Springs
Organization of Forgotten Americans, Inc.
Pennsylvania
Council of Three Rivers, Inc.
Rhode Island
Rhode Island Indian Council, Inc.
South Carolina
South Carolina Indian Development Council, Inc.
South Dakota
Cheyenne River Sioux Tribe
Oglala Sioux Tribe
Rosebud Sioux Tribe
Sisseton-Wahpeton Sioux Tribe
United Sioux Tribes Development Corporation
Texas
Alabama-Coushatta Indian Tribal Council
Dallas Inter-Tribal Center
Ysleta Del Sur Pueblo/Tigua Indian Tribe
Utah
Indian Center Employment Services, Inc.
Ute Indian Tribe
Vermont
Abenaki Self-Help Association/New Hampshire Indian Council
Virginia
Mattaponi-Pamunkey-Monacan Consortium
Washington
American Indian Community Center
Colville Confederated Tribes
Lummi Indian Business Council
Makah Tribal Council
Seattle Indian Center, Inc.
The Tulalip Tribes
Western Washington Indian Employment and Training Program
Wisconsin
Ho-Chunk Nation
Lac Courte Oreilles Tribal Governing Board
Lac Du Flambeau Band of Lake Superior Chippewa
Menominee Indian Tribe of Wisconsin
Milwaukee Area American Indian Manpower Council, Inc.
Oneida Tribe of Indians of Wisconsin
Wisconsin Indian Consortium
Wyoming
Eastern Shoshone Tribe
Northern Arapaho Tribe
BILLING CODE 4510-30-P

[[Page 10444]]

[GRAPHIC] [TIFF OMITTED] TN07MR02.000


[[Page 10445]]


[GRAPHIC] [TIFF OMITTED] TN07MR02.001


    Signed at Washington, DC, this 1st day of March, 2002.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.
[FR Doc. 02-5487 Filed 3-6-02; 8:45 am]
BILLING CODE 4510-30-C