[Federal Register Volume 68, Number 236 (Tuesday, December 9, 2003)]
[Notices]
[Pages 68614-68617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30432]


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DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
(SIP), American Indian Tribally Controlled Colleges and Universities 
(TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH) 
and Developing Hispanic-Serving Institutions (HSI) Programs; Notice 
Inviting Applications for Designation as Eligible Institutions for 
Fiscal Year (FY) 2004

    Purpose of Programs: Under the SIP, TCCU, and ANNH Programs, 
authorized under Part A of Title III of the Higher Education Act of 
1965, as amended (HEA), institutions of higher education are eligible 
to apply for grants if they meet specific statutory and regulatory 
eligibility requirements. Similarly, institutions of higher education 
are eligible to apply for grants under the HSI Program, authorized 
under Title V of the HEA, if they meet specific statutory and 
regulatory requirements. In addition, an institution that is designated 
as an eligible institution under those programs may also receive a 
waiver of certain non-Federal share requirements under the Federal 
Supplemental Educational Opportunity Grant (FSEOG), the Federal Work 
Study (FWS), the Student Support Services (SSS) and the Undergraduate 
International Studies and Foreign Language (UISFL) Programs. The FSEOG, 
FWS and SSS Programs are authorized under Title IV of the HEA; the 
UISFL Program is authorized under Title VI of the HEA.
    Qualified institutions may receive these waivers even if they are 
not recipients of grant funds under the Title III Part A Programs or 
Title V Program.
    Special Note: To become eligible, your institution must satisfy 
several criteria, including one related to needy student enrollment and 
one related to average Educational and General (E&G) expenditures for a 
particular base year. Because we changed the collection processes for 
determining the thresholds for these two criteria, we do not have base 
year data beyond 2000-2001. In order to award FY 2004 grants in a 
timely manner, we will use threshold data from the base year 2000-2001 
rather than a later base year. In completing your eligibility 
application, please use data from the base year 2000-2001.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III, Part A Programs or the Title V Program, an accredited 
institution must, among other requirements, have an enrollment of needy 
students, and its average E&G expenditures per full-time equivalent 
(FTE) undergraduate student must be low in comparison with the average 
E&G expenditures per FTE undergraduate student of institutions that 
offer similar instruction. To be an eligible Hispanic-Serving 
Institution, an institution must--
    (1) Be accredited or preaccredited by a nationally recognized 
accrediting agency or association that the Secretary has determined to 
be a reliable authority as to the quality of education or training 
offered;
    (2) Be legally authorized by the State in which it is located to be 
a junior college or to provide an educational program for which it 
awards a bachelor's degree;

[[Page 68615]]

    (3) Have an enrollment of needy students as described in the 
Enrollment of Needy Students section of this notice;
    (4) Have low average educational and general expenditures per full-
time equivalent undergraduate student as described in the Educational 
and General Expenditures per Full-Time Equivalent Student section of 
this notice and the application booklet;
    (5) Have, at the time of application, an enrollment of 
undergraduate full-time equivalent students that is at least 25 percent 
Hispanic students; and
    (6) Provide assurances that not less than 50 percent of its 
Hispanic students are low-income individuals.

    Note: Numbers five and six above are required at the time of 
submission of the grant application.


    The complete eligibility requirements for the Title III, Part A 
Programs are found in 34 CFR 607.2 through 607.5; the complete 
eligibility for the HSI Programs are found in 34 CFR 606.2 through 34 
CFR 606.5. These regulations may also be accessed by visiting the 
following Department of Education Web site: http://www.ed.gov/legislation/FedRegister/finrule/1999-4/121599a.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students 
if: (1) At least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, and Federal Perkins Loan Programs; or (2) the 
percentage of its undergraduate degree students who were enrolled on at 
least a half-time basis and received Federal Pell Grants exceeded the 
median percentage of undergraduate degree students who were enrolled on 
at least a half-time basis and received Federal Pell Grants at 
comparable institutions that offered similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2000-2001 must be more than the 
median for its category of comparable institutions provided in the 
table in this notice.
    Educational and General Expenditures per Full-Time Equivalent 
Student: An institution should compare its 2000-2001 average E&G 
expenditures per FTE student to the average E&G expenditure per FTE 
student for its category of comparable institutions contained in the 
table in this notice. If the institution's average E&G expenditures for 
the 2000-2001 base year are less than the average for its category of 
comparable institutions, it meets this eligibility requirement.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages and the relevant average E&G expenditures per FTE 
student for the base year 2000-2001 for the four categories of 
comparable institutions:

----------------------------------------------------------------------------------------------------------------
                                                                   Median Pell Grant
                      Type of Institution                             (percentage)         Average E&G per FTE
----------------------------------------------------------------------------------------------------------------
2-year public institutions....................................                     19.6                   $8,668
2-year non-profit private institutions........................                     32.7                   20,483
4-year public institutions....................................                     23.5                   20,789
4-year non-profit private institutions........................                     23.2                   31,579
----------------------------------------------------------------------------------------------------------------

    Waiver Information: Institutions of higher education that are 
unable to meet the needy student enrollment requirement or the average 
E&G expenditures requirement may apply to the Secretary for waivers of 
these requirements, as described in 34 CFR 606.3(b), 606.4(c) and (d), 
607.3(b) and 607.4(c) and (d). Institutions requesting a waiver of the 
needy student enrollment requirement or the average E&G expenditures 
requirement must include in their application detailed information 
supporting the waiver request, as described in the instructions for 
completing the application.
    With respect to the needy student requirement waiver, 34 CFR 
606.3(b)(2) and (3) and 607.3(b)(2) and (3) refer to ``low-income'' 
students and families. The regulations define ``low-income'' as an 
amount which does not exceed 150 percent of the amount equal to the 
poverty level in the 2000-2001 base year as established by the U.S. 
Bureau of the Census, 34 CFR 606.3(c) and 607.3(c).
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

                                          2000 Annual Low-Income Levels
----------------------------------------------------------------------------------------------------------------
                                        Contiguous 48 States,
         Size of family unit               the District of               Alaska                   Hawaii
                                        Columbia and outlying
----------------------------------------------------------------------------------------------------------------
1....................................                  $12,525                  $15,645                  $14,385
2....................................                   16,875                   21,090                   19,395
3....................................                   21,225                   26,535                   24,405
4....................................                   25,575                   31,980                   29,415
5....................................                   29,925                   37,425                   34,425
6....................................                   34,275                   42,870                   39,435
7....................................                   38,625                   48,315                   44,445
8....................................                   42,975                   53,760                   49,455
----------------------------------------------------------------------------------------------------------------

    For family units with more than eight members, applicants 
requesting a waiver should add the following amount for each additional 
family member: $4,350 for the contiguous 48 states, the District of 
Columbia and outlying jurisdictions; $5,445 for Alaska; and $5,010 for 
Hawaii.
    The figures shown as low-income levels represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the

[[Page 68616]]

Census for determining poverty status. The Census levels were published 
by the U.S. Department of Health and Human Services in the Federal 
Register on February 15, 2000 (65 FR 7555-7557).
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999, order number PB99-501538, from 
the National Technical Information Service, Document Sales, 5285 Port 
Royal Road, Springfield, Virginia 22161, telephone number 1-800-553-
6847. There is a charge for this publication.
    Applications Available: December 5, 2003.
    Deadline for Transmittal of Applications: January 20, 2004 for an 
applicant institution that wishes to apply for a FY 2004 new grant 
under the Title III, Part A Programs or the Title V Program; May 28, 
2004 for an institution that wishes to apply only for cost-sharing 
waivers under the FSEOG, FWS, SSS or UISFL Programs; and, January 20, 
2004 for an institution that wishes to apply for both a grant under the 
Title III, Part A Programs or the Title V Program and a waiver of the 
Non-Federal share requirement.
    Electronic Submission of Applications: The Government Paperwork 
Elimination Act (GPEA) of 1998 (Pub. L. 105-277) and the Federal 
Financial Assistance Management Improvement Act of 1999 (Pub. L. 106-
107) encourage us to undertake initiatives to improve our grant 
processes. Enhancing the ability of individuals and entities to conduct 
business with us electronically is a major part of our response to 
these Acts. Therefore, we are taking steps to adopt the Internet as our 
chief means of conducting transactions in order to improve services to 
our customers and to simplify and expedite our business processes.
    Some of the procedures in these instructions for transmitting 
applications differ from those in the Education Department General 
Administrative Regulations (EDGAR) (34 CFR 75.102). Under the 
Administrative Procedure Act (5 U.S.C. 553) the Department generally 
offers interested parties the opportunity to comment on proposed 
regulations. However, these amendments make procedural changes only and 
do not establish new substantive policy. Therefore, under 5 U.S.C. 
553(b)(A), the Secretary has determined that proposed rulemaking is not 
required.
    We are requiring that applications for institutional eligibility 
for FY 2004 under Request for Designation as an Eligible Institution be 
submitted electronically at the following Web site:
http://webprod.cbmiweb.com/Title3and5/index.html.
    If you are unable to submit an application electronically you may 
submit a written request for a waiver of the electronic submission 
requirement. In the request, you should explain the reason or reasons 
that prevent you from using the Internet to submit your application. 
The request should be addressed to: Mr. Louis Venuto, U.S. Department 
of Education, 1990 K Street, room 6071, Washington, DC 20202-8513. 
Please submit your request no later than two weeks before the 
application deadline date.
    If, within two weeks of the application deadline date, you are 
unable to submit an application electronically, you must submit a paper 
application by the application deadline date in accordance with the 
transmittal instructions in the application package. The paper 
application must include a written request for a waiver documenting the 
reasons that prevented the applicant from using the Internet to submit 
the application.
    To enter the Web site, you must use your institution's unique 8-
digit identifier, i.e., your Office of Postsecondary Education 
Identification Number (OPE ID number). If you receive a hard copy of 
the eligibility application and instructions from us in the mail, look 
for the OPE ID number on the address label. Otherwise, your business 
office or student financial aid office should have the OPE ID number. 
If your business office or student financial aid office does not have 
the OPE ID number, contact the Department, using the e-mail addresses 
of the contact persons listed in this notice under FOR APPLICATIONS AND 
FURTHER INFORMATION CONTACT.
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2004'' link at either of 
the following Web sites:
http://www.ed.gov/programs/iduestitle3a.index.html or http://www.ed.gov/hsi.
    For institutions of higher education that are unable to meet the 
needy student enrollment requirement or the average E&G expenditure 
requirement and wish to request a waiver of one or both of those 
requirements, you must complete your designation application form 
electronically and transmit your waiver request narrative document from 
the following Web site:
http://webprod.cbmiweb.com/Title3and5/index.html.
    If your institution is unable to electronically submit your 
narrative waiver request, print the electronic application form and 
mail it along with the waiver request narrative to Mr. Louis Venuto, 
Team Leader, Institutional Development and Undergraduate Education 
Service, U.S. Department of Education, 1990 K Street, NW, Room 6071, 
Request for Eligibility Designation, Washington, DC 20202-8513.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 85, 86, 
97, 98, and 99. (b) The regulations for the Title III, Part A Programs 
in 34 CFR part 607, and for the Title V Program in 34 CFR part 606.

FOR APPLICATIONS AND FURTHER INFORMATION CONTACT: Ellen M. Sealey, 
Carlos Reeder or Delores Anistead, Institutional Development and 
Undergraduate Education Service, U.S. Department of Education, 1990 K 
Street, Room 6049, Request for Eligibility Designation, Washington, DC 
20202-8513. Ms. Sealey's telephone number is (202) 502-7580. Mr. 
Reeder's telephone number is (202) 502-7592. Mrs. Anistead's telephone 
number is (202) 219-7060. Ms. Sealey, Mr. Reeder and Mrs. Anistead may 
be reached via e-mail at the following addresses: [email protected], 
[email protected], and [email protected].
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audio tape, or computer 
diskette) on request to the contact persons listed under FOR 
APPLICATIONS AND FURTHER INFORMATION CONTACT.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format by contacting those persons. However, 
the Department is not able to reproduce in an alternative format the 
standard forms included in the application package.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site:
http://www.ed.gov/news/fedregister.
    To use PDF, you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using the PDF, call the 
U.S. Government

[[Page 68617]]

Printing Office (GPO), toll free, at 1-888-293-6498; or in the 
Washington, DC area at (202) 512-1530.

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


    Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g.

Sally L. Stroup,
Assistant Secretary, Office of Postsecondary Education.
[FR Doc. 03-30432 Filed 12-4-03; 11:19 am]
BILLING CODE 4000-01-P