[Federal Register Volume 67, Number 228 (Tuesday, November 26, 2002)]
[Notices]
[Pages 70744-70751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-29932]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. 93581-2003]


Administration for Native Americans: Availability of Financial 
Assistance

AGENCY: Administration for Native Americans ACF, DHHS.

ACTION: Announcement of availability of competitive financial 
assistance for improving the capability of Indian Tribal governments to 
regulate environmental quality.

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SUMMARY: The Administration for Native Americans (ANA) announces the 
anticipated availability of fiscal year 2003 funds for Environmental 
Regulatory Enhancement projects. Financial assistance provided by ANA 
is designed to assist applicants in planning, developing and 
implementing projects which will improve the capability of eligible 
applicants to regulate environmental quality pursuant to Federal and 
Tribal environmental laws.
    The printed Federal Register notice is the only official program 
announcement. Although all reasonable efforts are taken to assure that 
the files on the ANA World Wide Web Page containing electronic copies 
of this program announcement are accurate and complete, they are 
provided for information only. The applicant bears sole responsibility 
to assure that the copy downloaded and/or printed from any other source 
is accurate and complete. Copies of this program announcement and many 
of the required forms may be obtained by calling the toll free ANA 
Applicant Help Desk at 1-877-922-9262 or electronically at the ANA 
World Wide Web address, http://www.acf.hhs.gov/programs/ana/.

CLOSING DATE: The closing date for this announcement is February 28, 
2003.

SUPPLEMENTARY INFORMATION:

Introduction and Purpose

    This notice announces the anticipated availability of the fiscal 
year 2003 funds for the Environmental Regulatory Enhancement Program, 
authorized under Section 803(d) of the Native American Programs Act of 
1974 (Act), 42 U.S.C. 2991b.
    The availability of funds for this competitive area is contingent 
upon sufficient final Congressional appropriations. Proposed projects 
will be reviewed on a competitive basis against the specific evaluation 
criteria presented in this announcement.
    Information regarding ANA's policy, goals, application 
requirements, review criteria and closing date for this competitive 
area are included in this announcement.
    This program announcement consists of three parts.

Part I--ANA Policy and Goals

    Provides general information about ANA's policies and goals for 
this competitive area. This section contains information pertaining to 
all applicants.

Part II--ANA Competitive Area

    Describes the competitive area, Environmental Regulatory 
Enhancement, under which ANA is requesting applications. The following 
sections provide information to be used to develop an application:

A. Purpose and Availability of Funds
B. Background
C. Proposed Projects To Be Funded
D. Eligible Applicants
E. Grantee Share of the Project
F. Review Criteria
G. Application Due Date(s)
H. Program Information Contact

Part III--General Application Information and Guidance

    Provides important information and guidance that applies to this 
competitive area and must be taken into account in developing an 
application.

A. Definitions
B. Activities That Cannot Be Funded
C. Project and Budget Periods
D. Intergovernmental Review of Federal Programs
E. The Application Process
F. The Review Process
G. General Guidance to Applicants
H. Paperwork Reduction Act of 1995
I. Postmarked by Deadline
J. Standard Forms, Certifications and Assurances

Part I--ANA Policy and Goals

    The Administration for Native Americans believes that 
responsibility for achieving environmental regulatory enhancement rests 
with the governing bodies of Indian tribes, Alaska Native villages, and 
with the leadership of Native American groups.
    Environmental regulatory enhancement includes but is not limited 
to: the planning, development, and application of laws; training; 
monitoring

[[Page 70745]]

and enforcement procedures; and associated regulatory activities to 
strengthen the tribal government's capacity to enhance the quality of 
reservation life as measured by the reduction of pollutants in the air, 
water, soil, food and materials encountered by inhabitants of tribes 
and villages.
    Progress toward the goal of environmental regulatory enhancement 
would also include but is not limited to: the strengthening of tribal 
environmental laws, providing for the training and education of those 
employees responsible for ensuring compliance with and enforcement of 
these laws, environmental assessments, development and use of 
environmental laboratories and other facilities; and the development of 
tribal court systems and programs to conduct compliance and enforcement 
functions.
    ANA supports these activities on a government-to-government basis 
in a way that recognizes tribal sovereignty and is consistent with 
tribal culture. Applicants must comply with the following 
administrative policies:
    [sbull] A current Indian Environmental Regulatory Enhancement 
grantee whose grant project period extends beyond September 30, 2003 or 
which has requested an extension of the grant project beyond that date, 
will not be funded under this announcement.
    [sbull] Applicants must describe a locally determined strategy to 
carry out a proposed project with fundable objectives and activities.
    [sbull] Local long-range planning must consider the maximum use of 
all available resources, describe how the resources will be directed to 
development opportunities, and present a strategy for overcoming the 
local issues that hinder movement toward self-sufficiency in the 
community.
    [sbull] An application from a federally recognized Tribe, Alaska 
Native Village or Native American organization must be from the 
governing body of the Tribe or organization.
    [sbull] ANA will not accept applications from tribal components 
which are tribally-authorized divisions of a larger tribe, unless the 
application includes a Tribal resolution which clearly demonstrates the 
Tribe's support of the project and the Tribe's understanding that the 
other applicant's project supplants the Tribe's authority to submit an 
application under that specific competitive area both for the current 
competition and for the duration of the approved grant period, should 
the application be funded.
    [sbull] If a federally recognized Tribe or Alaska Native village 
chooses not to apply, it may support another applicant's project (e.g., 
a tribal organization) which serves or impacts their reservation. In 
this case, the applicant must include a Tribal resolution which clearly 
demonstrates the Tribe's approval of the project and the Tribe's 
understanding that the other applicant's project supplants the Tribe's 
authority to submit an application under that specific competitive area 
both for the current competition and for the duration of the approved 
project period, should the application be funded.
    [sbull] ANA will only accept one application which serves or 
impacts a reservation, Tribe, or Native American community.
    [sbull] Non-Profit Status: Any non-profit organization submitting 
an application must submit proof of its non-profit status in its 
application at the time of submission. The non-profit agency can 
accomplish this by providing a copy of the listing in the Internal 
Revenue Service's (IRS) most recent list of tax-exempt organizations 
described in section 501(c)(3) of the IRS code or by providing a copy 
of the currently valid IRS tax exemption certificate, or by providing a 
copy of the articles of incorporation bearing the seal of the Federally 
recognized Tribe or State in which the corporation or association is 
domiciled.
    [sbull] If the applicant, other than a tribe or an Alaska Native 
Village government, is proposing a project benefiting Native Americans 
or Alaska Natives, or both, it must provide assurance that the majority 
of its duly elected or appointed board of directors is representative 
of the community to be served.
    [sbull] Matching/Cost Sharing: Grantees must provide at least 20 
percent of the total approved cost of the project. The total approved 
cost of the project is the sum of the ACF share and the non-Federal 
share. The non-Federal share may be met by cash or in-kind 
contributions, although applicants are encouraged to meet their match 
requirements though cash contributions. Therefore, a project requesting 
$100,000 in Federal fund (based on an award of $100,000 per budget 
period) must provide a match of at least $25,000 (20% total approved 
project cost). Grantees will be held accountable for commitments of 
non-Federal resources even if over the amount of the required match. 
Failure to provide the amount will result in disallowance of Federal 
match. An itemized budget detailing the applicant's non-Federal share, 
and its source(s), must be included in the application.
    [sbull] A request for a waiver of the non-Federal share requirement 
may be submitted in accordance with 45 CFR 1336.50(b)(3) of the Native 
American Program Regulations.

Part II--Competitive Area: Indian Environmental Regulatory Enhancement 
Projects

A. Purpose and Availability of Funds

    This competitive area funds environmental regulatory enhancement 
projects. Approximately $3 million in financial assistance is 
anticipated to be available for these projects. ANA expects to award 
approximately 35 grants under this competitive area. The funding level 
for a budget period of 12 months will be up to $250,000. An applicant 
may propose project periods of between 12 and 36 months.

B. Background

    Despite an increasing environmental responsibility and growing 
awareness of environmental issues on Indian lands, there has been a 
lack of resources available to tribes to develop tribal environmental 
programs that are responsive to tribal needs. In many cases, the lack 
of resources has resulted in a delay in action on the part of the 
tribes.
    In 1990, Congress added Section 803(d) to the Native American 
Programs Act of 1974 to address critical issues identified by tribes 
before congressional committees, some of which included: The need for 
assistance to train professional staff to monitor and enforce tribal 
environmental programs; the lack of adequate data for tribes to develop 
environmental statutes and establish quality environmental standards; 
and the lack of resources to conduct studies to identify sources of 
pollution and determine the impact on existing environmental quality.
    The Native American Program's Act of 1974 was amended to strengthen 
tribal governments through building capacity in order to identify, 
plan, develop, and implement environmental programs in a manner that is 
consistent with tribal culture. Ultimate success in this program will 
be realized when the applicant's desired level of environmental quality 
is acquired and maintained.

C. Proposed Projects To Be Funded

    Financial assistance provided by ANA is available for developmental 
projects designed to assist tribes in advancing their capacity and 
capability to plan for and:
    [sbull] Develop or enhance the tribal environmental regulatory 
infrastructure required to support a tribal environmental program, and 
to regulate

[[Page 70746]]

and enforce environmental activities on Indian lands pursuant to 
Federal and Indian law;
    [sbull] Develop regulations, ordinances and laws to protect the 
environment;
    [sbull] Develop the technical and program capacity to carry out a 
comprehensive tribal environmental program and perform essential 
environmental program functions;
    [sbull] Promote environmental training and education of tribal 
employees;
    [sbull] Develop technical and program capability to meet tribal and 
Federal regulatory requirements;
    [sbull] Develop technical and program capability to monitor 
compliance and enforcement of tribal environmental regulations, 
ordinances, and laws; and
    [sbull] Ensure that tribal court system enforcement requirements 
are developed in concert with and in support of the tribe's 
comprehensive environmental program.

D. Eligible Applicants

    The following organizations are eligible to apply under this 
competitive area:
    [sbull] Federally recognized Indian tribes;
    [sbull] Incorporated non-federally and State recognized Indian 
tribes;
    [sbull] Alaska Native villages as defined in the Alaska Native 
Claims Settlement Act (ANCSA) and/or nonprofit village consortia;
    [sbull] Nonprofit Alaska Native Regional Corporations/Associations 
with village specific projects;
    [sbull] Other tribal or village organizations or consortia of 
Indian tribes; and
    [sbull] Tribal governing bodies (IRA or traditional Councils) as 
recognized by the Bureau of Indian Affairs.
    The following organizations are not eligible to apply under Section 
803(d) of the Native Americans Programs Act of 1974 and the ANA 
regulations at 45 CFR 1336.33(a)(4). These organizations have been 
excluded from eligibility because they are neither Tribes nor Tribal 
organizations, which customarily act on the behalf of tribes in 
environmental matters.
    [sbull] Urban Indian Centers;
    [sbull] Incorporated nonprofit multi-purpose community-based Indian 
organizations;
    [sbull] Public and nonprofit private agencies serving: Native 
Hawaiians, peoples from Guam, American Samoa, and the Commonwealth of 
Northern Mariana Islands;
    [sbull] Incorporated nonprofit Alaska Native multi-purpose 
community based organizations; and
    [sbull] National or regional incorporated nonprofit Native American 
organizations with Native American community-specific objectives.

E. Grantee Share of the Project

    Grantees must provide at least 20 percent of the total approved 
cost of the project. The total approved cost of the project is defined 
as the sum of the Federal request and the non-Federal share. The non-
Federal share may be met by cash or in-kind contributions, although 
applicants are encouraged to meet their match requirements through cash 
contributions. For example, a project requesting $100,000 in Federal 
funds must provide a non-federal share match of at least $25,000 (20 
percent of the total approved project cost or 25 percent of the Federal 
request).
    Failure to provide the non-federal share amount stated in the 
proposal will result in disallowance of an equivalent portion of the 
funds awarded to the grantee.
    As per 45 CFR Part 74.2, in-kind contributions are defined as the 
value of non-cash contributions provided by non-Federal third parties. 
Third party in-kind contributions may be in the form of real property, 
equipment, supplies and other expendable property, and the value of 
goods and services directly benefiting and specifically identifiable to 
the project or program.(See 45 CFR Part 92)
    In addition, an applicant may provide matching funds from other 
Federal funding sources where legislation authorizes use of funds for 
match and provided the source relates to the ANA project. Under 45 CFR 
74.23(a)(5) use of funds under another Federal Program for non-Federal 
match must be authorized by statute.

F. Review Criteria

    The evaluation criteria are closely related to each other and are 
considered as a whole in judging the overall quality of an application. 
Points are awarded only to applications that are responsive to this 
competitive area and these criteria. Proposed projects will be reviewed 
on a competitive basis using the following evaluation criteria:
(1) Long-Range Goals and Available Resources (20 Points)
    (a) The application describes the long-range goals and strategy, 
including:
    [sbull] How specific environmental regulatory enhancement long-
range goal(s) relate to the proposed project and strategy;
    [sbull] How the community intends to achieve these goals;
    [sbull] The applicant's specific environmental regulatory needs; 
and
    [sbull] A clearly delineated strategy to improve the capability of 
the governing body of a tribe to regulate environmental quality through 
enhancing local capacity to perform necessary regulatory functions.
    Description and documentation of the long-term goals and strategy 
may by met in several ways.
    [sbull] The application identifies and documents pre-existing and 
planned involvement and support of the community in the planning 
process and implementation of the proposed project.
    [sbull] The type of community you serve and nature of the proposal 
will influence the type of documentation necessary. For example, a 
Tribe may choose to address this requirement by submitting a resolution 
stating that community involvement has occurred in the project planning 
or may determine that additional community support work is necessary.
    [sbull] Similarly, a tribal organization may submit resolutions 
supporting the project proposal from each of its member tribes, as well 
as a resolution from the applicant organization.
    [sbull] Other examples of documentation include: Community surveys; 
minutes of community meetings; questionnaires; tribal presentations; 
and/or discussion/position papers.
    Supporting documentation, including letters of support, if 
available, or other specific testimonies from concerned interests other 
than the applicant should be included to demonstrate support for the 
feasibility of the project.
    In discussing the goals, strategy, and needs being addressed in the 
application, include sufficient background and/or history of the 
community concerning these issues and/or progress to date, as well as 
the size of the population to be served. This material will assist the 
reviewers in determining the appropriateness and potential benefits of 
the proposed project.
    (b) Available resources (other than ANA and the non-Federal share) 
which will assist, and be coordinated with the project are described. 
Non-ANA resources should be leveraged to strengthen and broaden the 
impact of the proposed project in the community.
    [sbull] These other available resources may be human, natural or 
financial, and may include other Federal and non-Federal resources. 
Applicant statements that additional funding will be sought from other 
specific sources are not considered a binding commitment of outside 
resources.
    [sbull] Project designs should explain how those parts of projects 
which ANA does not fund will be financed through other sources. For 
example, ANA does not fund construction. A commitment from another 
Federal agency or foundation

[[Page 70747]]

pledging $200,000 in construction funding to complement proposed ANA 
funded pre-construction activity is evidence of a firm funding 
commitment.
    [sbull] Applicants must show the relationship of non-ANA funded 
activities to those objectives and activities that are funded with ANA 
grant funds.
    [sbull] In the proposal, the applicant should describe any specific 
financial circumstances that may impact on the project, such as any 
monetary or land settlements made to the applicant, and any 
restrictions on the use of those settlements. When the applicant 
appears to have other resources to support the proposed project and 
chooses not to use them, the applicant should explain why it is seeking 
ANA funds and not using these resources for the project.
(2) Organizational Capabilities and Qualifications (15 Points)
    (a) Organizational capabilities are described in the application.
    [sbull] The management structure of the applicant is explained.
    [sbull] Evidence of the applicant's ability to manage a project of 
the scope proposed is well documented. The application clearly shows 
the successful management of projects of similar scope by the 
organization, and/or by the individuals designated to manage or consult 
on the project. The tribe itself may not have experience to meet this 
requirement, but the proposed staff and consultants should have the 
required qualifications and experience.
    [sbull] The application should clearly describe any previous or 
current activities of the applicant organization or proposed staff and/
or consultants in support of environmental regulatory enhancement.
    [sbull] The administrative structure of the applicant is explained. 
Where the proposed ANA project will fit within the current organization 
is described.
    [sbull] A project-staffing pattern is presented.
    (b) Position descriptions and/or resumes of project personnel, 
including those of consultants, are presented.
    [sbull] The position descriptions and/or resumes relate 
specifically to the staff proposed in the Project Approach and in the 
proposed Budget of the application.
    [sbull] Position descriptions very clearly describe each position, 
and the duties that clearly relate to the personnel staffing pattern 
required to achieve the project objectives.
    [sbull] Resumes indicate that the proposed staff is qualified to 
carry out the project activities. Resumes must be included if 
individuals have been identified for positions in the application.
    Either the position descriptions or the resumes contain the 
qualifications and/or specialized skills necessary for overall quality 
management of the project.

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

(3) Project Approach: Objectives, Activities and Outcomes (50 Points)
    The application provides a narrative describing the overall 
approach and operation of the proposed project throughout entire 
project period.
    (a) Objective and Activities: The application proposes specific 
project Objective Work Plans (OWPs) with activities that relate to each 
specific objective. The OWP includes project objectives and activities 
for each budget period proposed.
    The OWP demonstrates that each of the project objectives and its 
activities:
    [sbull] Supports the community's strategy for environmental 
regulatory enhancement;
    [sbull] Clearly relates to the community's long-range environmental 
goals;
    [sbull] Can be accomplished with the available or expected 
resources during the proposed project period;
    [sbull] Indicates when the objective, and major activities under 
each objective, will be accomplished;
    [sbull] Specifies who will conduct the activities under each 
objective; and
    [sbull] Supports a project that will be completed, self-sustaining, 
or financed by other than ANA funds at the end of the project period. 
All projects funded by ANA must be completed, self-sustaining, or 
supported with other than ANA funds at the end of the project period. 
``Completed'' means that the project ANA funded is finished, and the 
desired result(s) have been attained. ``Self-sustaining'' means that a 
project will continue without outside resources. ``Supported by other 
than ANA funds'' means that the project will continue beyond the ANA 
project period, but will be supported by funds other than ANA's; and is 
measurable and/or quantifiable in terms of outcomes.
    The OWP should be of sufficient detail to become a monthly staff 
guide for project responsibilities. Applicants are encouraged to follow 
the recommended ANA application kit format; however, it is not a 
requirement. The relevant information included in an Objective Work 
Plan should indicate what is to be achieved, how, by whom, when and 
with indicators of evaluation.
    (b) Completion of the proposed objectives will result in specific, 
measurable outcomes.
    [sbull] The application shows how the expected outcomes will help 
the community meet its long-range environmental goals.
    [sbull] The specific information provided in the narrative and 
Objective Work Plans on expected outcomes for each objective is the 
standard upon which its achievement can be evaluated at the end of each 
budget year.
(4) Budget (15 Points)
    Detailed Federal and non-federal share line item budgets and 
detailed budget justifications are provided for each budget period 
requested. The budget narrative provides information that:
    [sbull] Aligns with the budget categories in Section B of the 
Budget Information on the Standard Form 424-A.
    [sbull] Cites the source of the applicant's non-Federal share.
    [sbull] Explains the coordination and organized delivery of any 
non-ANA resources proposed for the project.
    [sbull] Includes and justifies sufficient cost and other necessary 
details to facilitate the determination of allowable costs and the 
relevance of these costs to the proposed project.
    [sbull] Requests funds that are appropriate and necessary for the 
scope of the proposed project.
    [sbull] Includes sufficient funds for principal representatives 
from the applicant organization to travel to one post-award grant 
training and technical assistance conference. This travel and training 
should occur as soon as practical.
    [sbull] For business development projects, the proposal 
demonstrates that the expected return on the funds used to develop the 
project provides a reasonable operating income and return within a 
future specified period.
    [sbull] Where implemented, includes an employee fringe benefit 
budget that provides grant-funded employees with a retirement plan in 
addition to Social Security. The applicant is encouraged to provide a 
retirement plan fringe benefit of up to five (5) percent of grant 
funded employees-salaries. ANA supports a retirement plan as a 
necessary, reasonable and allowable cost in accordance with OMB rules. 
Recommended features for an acceptable retirement fringe benefit plan 
are:
    [sbull] The plan exists for the exclusive benefit of the 
participants; funds are to be used for retirement and certain other 
pre-retirement needs, not for the organization's needs.

[[Page 70748]]

    [sbull] The plan must have a vesting schedule that does not exceed 
the initial budget period of the ANA grant.
    Other retirement proposals may be submitted for review and approval 
during grant award negotiations. Alternate proposals may include the 
use of Individual Retirement Accounts, Money Purchase Pension Plans, 
Defined Benefit Pension Plans, Combination Plans, etc.
    [sbull] If an applicant plans to charge or otherwise seek credit 
for indirect costs in its ANA application, a current copy of its 
Indirect Cost Agreement must be included in the application.

G. Application Due Date

    The closing date for submission of applications under this 
competitive area is February 28, 2003.

H. Program Information Contact

    ANA Applicant Help Desk, Administration for Children and Families, 
Administration for Native Americans, Aerospace Center--901 D Street 
SW., Washington, DC 20447, (877) 922-9262 (toll free).

Part III--General Application Information and Guidance

A. Definitions

    Funding areas in this program announcement are based on the 
following definitions:
    [sbull] Multi-purpose Community-based Native American Organization: 
Is an association and/or corporation whose charter specifies that the 
community designates the Board of Directors and/or officers of the 
organization through an elective procedure and that the organization 
functions in several different areas of concern to the members of the 
local Native American community. These areas are specified in the by-
laws and/or policies adopted by the organization. They may include, but 
need not be limited to, economic, artistic, cultural, and recreational 
activities, and the delivery of human services such as health care, 
daycare, counseling, education, and training.
    [sbull] Multi-year Project: Is a project on a single theme that 
requires more than 12 months to complete and affords the applicant an 
opportunity to develop and address more complex and in-depth strategies 
than can be completed in one year. A multi-year project cannot be a 
series of unrelated objectives with activities presented in 
chronological order over a two or three year period.
    [sbull] Budget Period: Is the interval of time (usually 12 months) 
into which the project period is divided for budgetary and funding 
purposes.
    [sbull] Environmental Regulatory Enhancement: Includes (but is not 
limited to) the planning, development, and application of laws, 
training, monitoring, and enforcement procedures, tribal courts, 
environmental laboratories and other facilities, and associated 
regulatory activities to strengthen the tribal government's capacity to 
enhance the quality of reservation life as measured by the reduction of 
pollutants in the air, water, soil, food and materials encountered by 
inhabitants of tribes and villages.
    [sbull] Real Property: Means land, including land improvements, 
structures and appurtenances thereto, excluding movable machinery and 
equipment.
    [sbull] Construction: Is the term, which specifies a project, 
supported through a discretionary grant or a cooperative agreement, to 
support the initial building of a facility.
    [sbull] Core Administration: Is funding for staff salaries for 
those functions which support the organization as a whole, or for 
purposes unrelated to the actual management or implementation of work 
conducted under an ANA approved project. However, functions and 
activities that are clearly project related are eligible for grant 
funding. For example, the management and administrative functions 
necessary to carry out an ANA approved project are not considered core 
administration and are, therefore, eligible costs. Additionally, ANA 
will fund the salaries of approved staff for time actually and 
reasonably spent to implement a funded ANA project.
    [sbull] Equipment: Is tangible, non-expendable personal property 
having a useful life of more than one year and an acquisition cost of 
$5,000 or more per unit.
    [sbull] Renovation or Alteration: May not exceed the lesser of 
$150,000 or 25% of the total direct costs approved for the entire 
budget period. The work required to change the interior arrangements or 
other physical characteristics of an existing facility or installed 
equipment so that it may be more effectively used for the project. 
Alteration and renovation may include work referred to as improvements, 
conversion rehabilitation, remodeling or modernization, but is 
distinguished from construction and large-scale permanent improvements.

B. Activities That Cannot Be Funded

    The Administration for Native Americans does not fund:
    [sbull] Projects that operate indefinitely or require ANA funding 
on a recurring basis.
    [sbull] Projects in which a grantee would provide training and/or 
technical assistance (T/TA) to other tribes or Native American 
organizations which are otherwise eligible to apply to ANA (third party 
T/TA). However, the purchase of T/TA by a grantee for its own use or 
for its members' use (as in the case of a consortium), where T/TA is 
necessary to carry out project objectives, is acceptable. In addition, 
T/TA is an allowable activity for environmental regulatory enhancement 
projects submitted under Competitive Area 3.
    [sbull] ANA will not fund the purchase of real property.
    [sbull] ANA will not fund construction.
    [sbull] Objectives or activities for the support of core 
administration of an organization.
    [sbull] Costs of fund raising, including financial campaigns, 
endowment drives, solicitation of gifts and bequests, and similar 
expenses incurred solely to raise capital or obtain contributions are 
unallowable under a grant award. However, even though these costs are 
unallowable for purposes of computing charges to Federal awards, they 
must be treated as direct costs for purposes of determining indirect 
cost rates and be allocated their share of the organization's indirect 
costs if they represent activities which (1) include the salaries of 
personnel, (2) occupy space, and (3) benefit from the organization's 
indirect costs.
    [sbull] Projects or activities that generally will not meet the 
purposes of this announcement are discussed further in Part III, 
Section G, General Guidance to Applicants, below.

C. Project and Budget Periods

    This announcement is inviting applications for project periods up 
to three years. Awards, on a competitive basis, will be for a one-year 
budget period, although project periods may be for three years. 
Applications for continuation grants funded under these awards beyond 
the one-year budget period but within the three year project period 
will be entertained in subsequent years on a noncompetitive basis, 
subject to availability of funds, satisfactory progress of the grantee 
and a determination that continued funding would be in the best 
interest of the government.
    Therefore, this program announcement does not apply to current ANA 
grantees with multi-year projects that apply for continuation funding 
for their second or third year budget periods.

[[Page 70749]]

D. Intergovernmental Review of Federal Programs

    This program is not covered by Executive Order 12372 or 45 CFR part 
100.

E. The Application Process

1. Application Submission
    Applicants are strongly encouraged to request a legibly dated 
receipt from a commercial carrier or U.S. Postal Service as proof of 
timely mailing. ACF cannot accommodate transmission of applications by 
fax or through other electronic media. Therefore, applications 
transmitted to ACF electronically will not be accepted regardless of 
date or time of receipt. Videotapes and cassette tapes may not be 
included as part of a grant application for panel review.
    No additional material will be accepted, or added to an 
application, unless it is postmarked by the deadline date.
    Number of Copies: Each application should include one signed 
original and two additional copies of the grant application, including 
all attachments.
    (a) By Mail. Applications must be mailed on or before the specific 
closing date of this ANA competitive area to: U.S. Department of Health 
and Human Services, Administration for Children and Families, Office of 
Grants Management, 370 L'Enfant Promenade, SW., Mail Stop: Aerospace 
Center--8th Floor West, Washington, DC 20447-0002, Attention: Lois B. 
Hodge, ANA No. 93581-2003.
    (b) By Hand Delivery. Applications may be hand delivered. 
Applications are accepted between the hours of 8 a.m. to 4:30 p.m., 
Monday through Friday. They are either received on or before the 
deadline date or postmarked on or before the established closing date 
at: Administration for Children and Families, Office of Grants 
Management, ACF Mail Room, Second Floor, Aerospace Center, 901 D 
Street, SW., Washington, DC 20024, Attention: Lois B. Hodge, ANA No. 
93581-2003.
2. Application Consideration
    The ANA Commissioner determines the final action to be taken on 
each grant application received under this program announcement. The 
Commissioner's funding decision is based on a review panel's analysis 
of the application, recommendation and comments of ANA staff, State and 
Federal agencies having grant performance related information, and 
other parties. The commissioner makes grant awards consistent with the 
purpose of the Act, all relevant statutory and regulatory requirements, 
this program announcement, and the availability of funds. The 
Administration for Native Americans funds projects that demonstrate the 
strongest prospects for addressing the stated purposes of this program 
announcement.
    (a) Incomplete applications and applications that do not conform to 
this announcement will not be accepted for review. ANA will notify 
applicants in writing of any such determination. An incomplete 
application is one that is:
    [sbull] Missing the Application for Federal Assistance form (SF 
424).
    [sbull] Does not have an authorized signature on the SF 424. The 
application's SF 424 must be signed by a representative authorized (1) 
to act for the applicant tribe or organization, and (2) to assume the 
applicant's obligations under the terms and conditions of the grant 
award, including Native American Program statutory and regulatory 
requirements.
    [sbull] Does not include proof of non-profit status, if applicable.
    (b) Complete applications that conform to all the requirements of 
this program announcement are subjected to a competitive review and 
evaluation process (discussed in section G below). Independent review 
panels consisting of reviewers familiar with American Indian Tribes and 
Native American communities and organizations, and environmental 
issues, as appropriate, evaluate each application using the published 
criteria in each funding competitive area. As a result of the review, a 
normalized numerical score will be assigned to each application. A 
normalized score reflects the average score from the reviewers, 
adjusted to reflect the average score from the panels.
    Successful applicants are notified through an official Financial 
Assistance Award (FAA) document. The FAA will state the amount of 
Federal funds awarded, the purpose of the grant, the terms and 
conditions of the grant award, the effective date of the award, the 
project period, the budget period, and the amount of the non-ACF 
matching share requirement.
    The Administration for Native Americans will accept only one 
application per competitive area from any one applicant. If an eligible 
applicant sends in two applications for the same competitive area, the 
one with the earlier postmark will be accepted for review unless the 
applicant withdraws the earlier application.

F. The Review Process

1. Initial Application Review
    Eligible applications submitted by the closing date and verified by 
the postmark will undergo a pre-review screening to determine that:
    [sbull] The applicant is eligible in accordance with the Eligible 
Applicants Section of this announcement; and
    [sbull] The application is signed and submitted by the deadline 
explained in section G, Application Due Date.
    [sbull] The application narrative, forms and materials submitted 
are adequate to allow the review panel to undertake an in depth 
evaluation and the project described is an allowable type. (All 
required materials and forms are listed in the Grant Application 
Checklist in the Application Kit).
    Applicants whose applications are subjected to the pre-review 
described above and which are found ineligible for funding under the 
program will be notified of their appeal right under Section 810 of the 
Native American Programs Act of 1974, as amended. ANA will inform 
applicants whose applications are not submitted by the required date, 
unsigned, or in some other way incomplete that their applications are 
being rejected as incomplete or late.
2. Competitive Review of Accepted Applications
    Applications which pass the pre-review will be evaluated and rated 
by an independent review panel on the basis of the specific evaluation 
criteria listed in Part II. These criteria are used to evaluate the 
quality of a proposed project, and to determine the likelihood of its 
success.
    Applications will not be ranked based on general financial need.
    ANA staff cannot respond to requests for information regarding 
funding decisions prior to the official notification to the applicants.
    After the Commissioner has made decisions on all applications, 
unsuccessful applicants are notified in writing within 30 days. The 
notification will be accompanied by a critique including 
recommendations for improving the application.
3. Appeal of Ineligibility
    Applicants who are initially excluded from competitive evaluation 
because of ineligibility may appeal an ANA decision of applicant 
ineligibility. Likewise, applicants may also appeal an ANA decision 
that an applicant has proposed activities are ineligible for funding 
consideration. The regulations governing the appeals process can be

[[Page 70750]]

found at 45 CFR 1336.33-35 or the Federal Register of August 19, 1996 
(61 FR 42817).

G. General Guidance to Applicants

    Application Kit (OMB 0980-0204, expires April 30, 2003). 
The application kit contains the necessary forms and instructions to 
apply for a grant under this program announcement. Application kits may 
be obtained from ANA training and technical assistance providers. We 
strongly encourage that applicants follow the review criterion order 
and the Objective Work Plan format as outlined in the ANA application 
kit to develop an application. The Kit provides required forms, 
practical information and helpful suggestions and is an aid to help 
applicants prepare an ANA application.
    Training and Technical Assistance (T/TA): ANA employs contractors 
to provide short-term training and technical assistance to eligible 
applicants. T/TA is available under these contracts for a wide range of 
needs; however, the contractors are not authorized to write 
applications. The T/TA is provided at no cost. To obtain an application 
kit and/or, training and technical assistance, applicants are 
encouraged to contact the appropriate T/TA provider within the 
appropriate service area. To locate the T/TA provider currently serving 
the region you are located in, you may call the ANA Applicant Help Desk 
at 1-877-922-9262 or visit the ANA website at: http://www.acf.hhs.gov/programs/ana/.
    The following information is provided to assist applicants in 
developing a competitive application.
    [sbull] Applications, which were not funded under a previous 
closing date and revised for resubmission, should make reference to the 
changes, or reasons for not making changes, in their current 
application.
    [sbull] An application with an original signature and two 
additional copies are required.
    [sbull] The Cover Page (included in the Kit) should be the first 
page of an application, followed by the one-page abstract.
    [sbull] The applicant should specify the entire project period 
length on the first page of the SF424, Block 13, not the length of the 
first budget period. Should the application propose one length of 
project period and the SF 424 specify a conflicting length of project 
period, ANA will consider the project period specified on the Form 424 
as the request. ANA may negotiate a reduction of the project period.
    [sbull] Line 15a of the Standard Form 424 must specify the Federal 
funds requested for the first Budget Period only, not the entire 
project period.
    [sbull] Applicants are encouraged to have someone other than the 
author apply the evaluation criteria in the program announcement and 
score the application prior to its submission, in order to gain a 
better sense of the application's quality and potential competitiveness 
in the ANA review process.
    [sbull] For purposes of developing an application, applicants 
should plan for a project start date approximately 120 days after the 
closing date under which the application is submitted.
    [sbull] The Administration for Native Americans will not fund 
essentially identical projects serving the same constituency.
    [sbull] If other Federal funding sources could support a project, 
the applicant should fully explain its reasons for not pursuing other 
Federal funds for the project.
    [sbull] The Objective Work Plan proposed should be of sufficient 
detail to become a monthly staff guide for project responsibilities if 
the applicant is funded.
    [sbull] If a profit-making venture is being proposed, profits must 
be reinvested in the business in order to decrease or eliminate ANA's 
future financial participation. Such revenue must be reported as 
general program income. A decision will be made at the time of grant 
award regarding appropriate use of program income. (See 45 CFR part 74 
and part 92.)
    [sbull] Applicants for multi-year projects must justify the entire 
timeframe of the project (i.e., why the project needs funding for more 
than one year) and clearly describe the results to be achieved for each 
objective by the end of each budget period of the total project period. 
Separate Objective Work Plans (OWPs) must be presented for each project 
year and a separate itemized budget of the Federal and non-Federal 
costs of the project for each budget period must be included.
    [sbull] The Administration for Native Americans will critically 
evaluate applications in which the acquisition of equipment is a major 
component of the Federal share of the budget. Equipment is tangible, 
non-expendable personal property having a useful life of more than one 
year and an acquisition cost of $5,000 or more per unit. During 
negotiation, ANA may delete such expenditures from the budget of an 
otherwise approved application, if not fully justified by the applicant 
and deemed not appropriate to the needs of the project.
    [sbull] Applicants are encouraged to request a legibly dated 
receipt from a commercial carrier or U.S. Postal Service as proof of a 
timely mailing.
    [sbull] The application's Form 424 must be signed by the 
applicant's representative authorized to act with full authority on 
behalf of the applicant.
    [sbull] The Administration for Native Americans recommends that the 
pages of the application be numbered sequentially and that a table of 
contents is provided. Simple tabbing of the sections of the application 
is also helpful.
    [sbull] Applicants may propose a 17-month budget and project 
period. However, the budget period for the first year of a multi-year 
project may only be 12 months.
    Projects or activities that generally will not meet the purposes of 
this announcement:
    [sbull] Projects that request funds for feasibility studies, 
business plans, marketing plans or written materials, such as manuals, 
that are not an essential part of the applicant's long-range 
development plan. As an objective of a larger project, business plans 
are allowable. ANA expects written evidence of the solid investment of 
time and consideration on the part of the applicant with regard to the 
development of business plans. Business plans should be developed based 
on market analysis and feasibility studies regarding the potential 
success to the business prior to the submission of the application.
    [sbull] Core administration functions, or other activities, which 
essentially support only the applicant's on-going administrative 
functions.
    [sbull] Project goals, which are not responsive to this competitive 
area.
    [sbull] Proposals from consortia of tribes that are not specific 
with regard to support from, and roles of, member tribes. ANA expects 
an application from a consortium to have goals and objectives that will 
create positive impacts and outcomes in the communities of its members.
    [sbull] Proposals from consortia of tribes should have individual 
objectives, which are related to the larger goal of the proposed 
project. Project objectives may be tailored to each consortium member, 
but within the context of a common goal for the consortium. ANA will 
not fund duplicate activities proposed by a consortium and its member 
tribes.
    [sbull] Projects that will not be completed, self-sustaining, or 
supported by other than ANA funds, at the end of the project period.

[[Page 70751]]

    [sbull] ANA will not fund investment capital for purchase or 
takeover of an existing business, for purchase or acquisition of a 
franchise, or for purchase of stock or other similar investment 
instruments.
    [sbull] Renovation or alteration of project facilities, unless it 
is essential for the project.
    [sbull] Projects originated and designed by consultants whom 
provide a major role for themselves in the proposed project and are not 
members of the applicant organization, tribe or village.

H. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995, Pub. L. 104-13, the 
Department is required to submit to the Office of Management and Budget 
(OMB) for review and approval any reporting and record keeping 
requirements in regulations including program announcements. This 
program announcement does not contain information collection 
requirements beyond those approved for ANA grant applications under the 
Program Narrative Statement by OMB approval number 0980-0204.

I. Postmarked by Deadline

    The closing date for submission of applications is February 28, 
2003. Mailed applications postmarked after the closing date will be 
classified as late.
    1. Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are either received on or before the 
deadline date or sent on or before the deadline date and received by 
ACF in time for the independent review to: U.S. Department of Health 
and Human Services, Administration for Children and Families, Office of 
Grants Management, 370 L'Enfant Promenade SW., Mail Stop: Aerospace 
Center 8th Floor West, Washington, DC 20447-0002, Attention: Lois B. 
Hodge.
    Applicants must ensure that a legibly dated U.S. Postal Services 
postmark or a legibly dated, machine produced postmark of a commercial 
mail service is affixed to the envelope/package containing the 
application(s). To be acceptable as a proof of timely mailing, a 
postmark from a commercial mail service must include the logo/emblem of 
the commercial mail service company from the applicant. Private metered 
postmarks shall not be acceptable as proof of timely mailing. 
(Applicants are cautioned that express/overnight mail services do not 
always deliver as agreed.)
    Applicants handcarried by applicants, applicant couriers, or by 
other representatives of the applicant shall be considered as meeting 
an announced deadline if they are received on or before the deadline 
date, between the hours of 8 a.m. and 4:30 p.m., EST, at the U.S. 
Department of Health and Human Services, Administration for Children 
and Families, Office of Grants Management, ACF Mail Room, Second Floor, 
Aerospace Center, 901 D Street SW, Washington, DC 20024, between Monday 
and Friday (excluding Federal holidays). The address must appear on the 
envelope/package containing the application with the note ``Attention: 
Lois B. Hodge, Grants Officer''. (Applicants are cautioned that 
express/overnight mail services do not always deliver as agreed.)
    ACF cannot accommodate transmission of applications by fax or 
through other electronic media. Therefore, applications transmitted to 
ACF electronically will not be accepted regardless of date or time of 
submission and time receipt. Applications and related materials 
postmarked after the closing date will be classified as late. No 
additional material will be accepted, or added to an application, 
unless it is postmarked by the deadline date.
    2. Late Applications: Applications, which do not meet the Deadline 
criteria above, are considered late applications. ACF shall notify each 
late applicant that its application will not be considered in the 
current competition.
    3. Extension of Deadlines: The Administration for Children and 
Families may extend an application deadline for applicants affected by 
acts of God such as floods and hurricanes, or when there is a 
widespread disruption of the mails. A determination to extend or waive 
deadline requirements rests with the Chief Grants Management Officer. 
J. Standard Language Concerning the Certifications, Assurances, and 
Disclosure Required for Non-Construction Programs.
    Applicants requesting financial assistance for non-construction 
projects must file the Standard Form 424B, ``Assurances: Non-
Construction Programs''. Applicants must sign and return the Standard 
Form 424B with their applications.
    Applicants must provide a certification regarding lobbying when 
applying for an award in excess of $100,000. Applicants must sign and 
return the certification with their applications. Applicants must 
disclose lobbying activities on the Standard Form LLL when applying for 
an award in excess of $100,000. Applicants who have used non-Federal 
funds for lobbying activities in connection with receiving assistance 
under this announcement shall complete a disclosure form to report 
lobbying. Applicants must sign and return the disclosure form, if 
applicable, with their applications.
    Applicants must make the appropriate certification of their 
compliance with the Drug-Free Workplace Act of 1988. By signing and 
submitting the application, the applicant is providing the 
certification and need not mail back the certification with the 
applications.
    Applicants must make the appropriate certification that they are 
not presently debarred, suspended, or otherwise ineligible for an 
award. By signing and submitting the application, the applicant is 
providing the certification and need not mail back the certification 
with the applications.

(Catalog of Federal Domestic Assistance Program Numbers: 93.581 
Improving the Capability of Indian Tribal Governments to Regulate 
Environmental Quality)

    Dated: October 15, 2002.
Sharon G. McCully,
Acting Deputy Commissioner, Administration for Native Americans.
[FR Doc. 02-29932 Filed 11-25-02; 8:45 am]
BILLING CODE 4184-01-P