[Federal Register Volume 69, Number 39 (Friday, February 27, 2004)]
[Rules and Regulations]
[Pages 9327-9339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-4304]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Environmental Regulatory Enhancement Program Announcement

    Program Office Name: Administration for Native Americans (ANA).
    Funding Opportunity Title: Environmental Regulatory Enhancement.
    Announcement Type: Competitive Grant--Initial.
    Funding Opportunity Number: HHS-2004-ACF-ANA-NR-0002.
    CFDA Number: 93.581.
    Due Date for Application: April 6, 2004, 4:30 p.m. (EST).
SUMMARY: 

    Note: This program announcement amends the grant opportunity 
published on February 20, 2004.


    The Administration for Native Americans (ANA), within the 
Administration for Children and Families, announces the availability of 
fiscal year (FY) 2004 funds for the Environmental Regulatory 
Enhancement (Environmental) Program. Financial assistance is provided 
utilizing the competitive process in accordance with the Native 
Americans Programs Act of 1974, as amended. The Program Areas of 
Interest are projects that ANA considers supportive to Native American 
communities. Although eligibility for funding is not restricted to 
projects of the type listed under this program announcement, these 
Areas of Interest are ones which ANA sees as particularly beneficial to 
the development of healthy Native American communities.

I. Funding Opportunity Description

    The Administration for Native Americans (ANA), within the 
Administration for Children and Families, announces the availability of 
fiscal year (FY) 2004 funds for new community-based projects under the 
competitive area: Environmental Regulatory Enhancement. This 
announcement contains information on financial assistance from the 
Environmental Regulatory Enhancement Program, authorized under section 
803(d) of the Native American Programs Act of 1974 (Act), 42 U.S.C. 
2991b. 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

[[Page 9328]]

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.
    In this announcement, ANA encourages Native American tribes and 
organizational leaders to propose, coordinate and implement community-
based projects and services that meet the needs of its community 
members and create options and opportunities for future generations.
    This program announcement emphasizes community-based partnerships 
and projects. ANA will accept applications for funding and award grants 
to multiple eligible organizations located in the same geographic area, 
provided the activities are not duplicative of previously funded ANA 
projects in the same geographic area or to the same grantee. 
Previously, under each competitive program area, ANA accepted one 
application that served or impacted a reservation, Tribe or Native 
American community. The reason for this change is to expand and support 
large Native American rural and urban communities that provide a 
variety of services in the same geographic area. Although Tribes are 
limited to three simultaneous ANA grants (one each under SEDS, Language 
and Environmental programs) at any one time, this clarification allows 
other community-based organizations to apply for ANA funding to support 
on-going community-based efforts, provided the activities do not 
duplicate currently funded projects serving the same geographic area.
    The Program Areas of Interest are projects that ANA considers 
supportive to Native American communities. Although eligibility for 
funding is not restricted to projects of the type listed under this 
program announcement, these Areas of Interest are ones which ANA sees 
as particularly beneficial to the development of healthy Native 
American communities.
    ANA Administrative Policies: Applicants must comply with the 
following Administrative Policies:
     An applicant must provide a 20% non-federal match of the 
approved project costs.
     An application from a Tribe, Alaska Native Village or 
Native American organization must be from the governing body.
     A non-profit organization submitting an application must 
submit proof of its non-profit status at the time of submission. The 
non-profit agency can accomplish this by providing: (i) A reference to 
the applicant organization's listing in the Internal Revenue Service's 
(IRS) most recent list of tax-exempt organizations described in the IRS 
Code; or (ii) a copy of the currently valid IRS tax exemption 
certificate; or (iii) a statement from a State taxing body, State 
Attorney General, or other appropriate State official certifying that 
the applicant organization has a non-profit status and none of the net 
earnings accrue to any private shareholders or individuals; or (iv) a 
certified copy of the organization's certificate of incorporation or 
similar document that clearly establishes non-profit status; or (v) any 
of the items in the subparagraphs immediately above for a State or 
national parent organization and a statement signed by the parent 
organization that the applicant organization is a local non-profit 
affiliate. Organizations incorporating in American Samoa are cautioned 
that the Samoan government relies exclusively upon IRS determination of 
non-profit status; therefore, articles of incorporation approved by the 
Samoan government do not establish non-profit status for the purpose of 
ANA eligibility.
     If the applicant, other than a Tribe or an Alaska Native 
Village government, is proposing a project benefiting Native Americans 
or Native Alaskans, or both, it must provide assurance that it's duly 
elected or appointed board of directors is representative of the 
community to be served. To establish compliance, an applicant should 
provide supporting documentation and assurance that its duly elected or 
appointed board of directors is majority Native American.
     Applicants must describe how the proposed project 
objectives and activities relate to a locally determined strategy.
     Proposed projects must consider the maximum use of all 
available community-based resources.
     Proposed projects must present a strategy to overcome the 
challenges that hinder movement toward self-sufficiency in the 
community.
     Applicants proposing an Economic Development project 
should address the project's viability. A business plan, if applicable, 
must be included to describe the project's feasibility, cash flow, and 
approach for the implementation and marketing of the business.
     ANA will not accept applications from tribal components, 
which are tribally authorized divisions of a larger tribe, which are 
not approved by the governing body of the tribe.
     An applicant can have only one active environmental grant 
operating at any given time.
     ANA funds short-term projects not programs. Proposed 
projects must have definitive goals and objectives that will be 
achieved by the end of the project period. All projects funded by ANA 
must be completed, or self-sustaining, or supported by other than ANA 
funding at the end of the project period.
    Definitions: Program specific terms and concepts are defined and 
should be used as a guide in writing and submitting the proposed 
project. The funding for allowable projects in this program 
announcement is based on the following definitions:
    Authorized Representative: The person or persons authorized by 
Tribal or Organizational resolution to execute documents and other 
actions required by outside agencies.
    Budget Period: The interval of time into which the project period 
is divided for budgetary or funding purposes, and for which a grant is 
made. A budget period usually lasts one year in a multi-year project 
period.
    Community: A group of people residing in the same geographic area 
that can apply their own cultural and socio-economic values in 
implementing ANA's program objectives and goals. In discussing the 
applicant's community, the following information should be provided: 
(1) A description of the population segment within the community to be 
served or impacted; (2) the size of the community; (3) geographic 
description or location, including the boundaries of the community; (4) 
demographic data on the target population; and (5) the relationship of 
the community to any larger group or tribe.
    Community Involvement: How the community participated in the 
development of the proposed project, how the community will be involved

[[Page 9329]]

during the project implementation and after the project is completed. 
Evidence of community involvement can include, but is not limited to, 
certified petitions, public meeting minutes, surveys, needs 
assessments, newsletters, special meetings, public Council meetings, 
public committee meetings, public hearings, and annual meetings with 
representatives from the community. The applicant should document the 
community's support of the proposed project. Applications from National 
and Regional Indian and Native organizations should clearly demonstrate 
a need for the project, explain how the project originated, identify 
the beneficiaries, and describe and relate the actual project benefits 
to the community and organization. National Indian and Native 
organizations should also identify their membership and specifically 
discuss how the organization operates and impacts Native American 
people and communities.
    Completed Project: A project funded by ANA is finished, or self-
sustaining, or funded by other than ANA funds, and the results and 
outcomes are achieved by the end of the project period.
    Consortia--Tribe/Village: A group of Tribes or villages that join 
together either for long-term purposes or for the purpose of an ANA 
project. Applicant must identify consortia membership. The consortia 
applicant must be the recipient of the funds. A consortia applicant 
must be an ``eligible entity'' as defined by this Program Announcement 
and the ANA regulations. Consortia applicants should include 
documentation (a resolution adopted pursuant to the organization's 
established procedures and signed by an authorized representative) from 
all consortia members supporting the ANA application. An application 
from a consortium should have goals and objectives that will create 
positive impacts and outcomes in the communities of its members. ANA 
will not fund activities by a consortium of tribes which duplicates 
activities for which member Tribes also receive funding from ANA. The 
consortium application should identify the role and responsibility of 
each participating consortia member and a copy of the consortia legal 
agreement or Memoranda of Agreement to support the proposed project.
    Construction: The initial building of a facility.
    Core Administration: Salaries and other expenses for those 
functions that support the applicant's organization as a whole or for 
purposes that are unrelated to the actual management or implementation 
of the ANA project. However, salaries and activities that are clearly 
related to the ANA project are eligible for grant funding.
    Economic Development: Involves the promotion of the physical, 
commercial, technological, industrial, and/or agricultural capacities 
necessary for a sustainable local community. Economic development 
includes activities and actions that develop sustainable, stable, and 
diversified private sector local economies. For example, initiatives 
that support employment options, business opportunities, development 
and formation of a community's economic infrastructure, laws and 
policies that result in the creation of businesses and employment 
options and opportunities that provide for the foundation of healthy 
communities and strong families.
    Equipment: Tangible, non-expendable personal property, including 
exempt property, charged directly to the award having a useful life of 
more than one year and an acquisition cost of $5,000 or more per unit. 
However, consistent with recipient policy, lower limits may be 
established.
    Governance: Involves assistance to tribal and Alaska Native village 
government leaders to increase their ability to execute local control 
and decisionmaking over their resources.
    Implementation Plan: The guidebook the applicant will use in 
meeting the results and benefits expected for the project. The 
Implementation Plan provides detailed descriptions of how, when, where, 
by whom and why activities are proposed for the project and is 
complemented and condensed by the Objective Work Plan.
    In-kind Contributions: In-kind contributions are property or 
services which benefit a federally assisted project or program and 
which are contributed by the grantee, non-Federal third parties without 
charge to the grantee, or a cost-type contractor under the grant 
agreement. Any proposed in-kind match must meet the applicable 
requirements found in 45 CFR part 74 and part 92.
    Letter of Commitment: A third party statement to document the 
intent to provide specific in-kind contributions or cash to support the 
applicant. The Letter of Commitment must state the dollar amount (if 
applicable), the length of time the commitment will be honored, and the 
conditions under which the organization will support the proposed ANA 
project. If a dollar amount is included, the amount must be based on 
market and historical rates charged and paid. The resources to be 
committed may be human, natural, physical, or financial, and may 
include other Federal and non-Federal resources. For example, a notice 
of award from another Federal agency committing $200,000 in 
construction funding to complement a proposed ANA funded pre-
construction activity is evidence of a commitment. Statements about 
resources which have been committed to support a proposed project made 
in the application without supporting documentation will be 
disregarded.
    Leveraged Resources: The total dollar value of all non-ANA 
resources that are committed to a proposed ANA project and are 
supported by documentation that exceed the 20% non-federal match 
required for an ANA grant. Such resources may include any natural, 
financial, and physical resources available within the tribe, 
organization, or community to assist in the successful completion of 
the project. An example would be a written letter of commitment from an 
organization that agrees to provide a supportive action, product, and 
service, human or financial contribution that will add to the potential 
success of the project.
    Multi-purpose Organization: A community-based 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 day care, education, and training.
    Multi-year Project: Encompasses a single theme and requires more 
than 12 or 17 months to complete. A multi-year project affords the 
applicant an opportunity to develop and address more complex and in-
depth strategies that cannot be completed in one year. A multi-year 
project is a series of related objectives with activities presented in 
chronological order over a two or three year period. Prior to funding 
the second or third year, a multi-year grant, ANA will require 
verification and support documentation from the grantee that objectives 
and outcomes proposed in the preceding year were accomplished and the 
non-federal match requirement was met. Applicants proposing multi-year 
projects must complete and submit an Objective Work Plan (OWP) and 
budget with narrative for each project year, and fully describe 
objectives to be

[[Page 9330]]

accomplished, outcomes to be achieved, and the results and benefits to 
determine the successful outcomes of each budget period. ANA will 
review the quarterly and annual reports of grantees to determine if the 
grantee is meeting its goals, objectives and activities identified in 
the OWP.
    Objective(s): Specific outcomes or results to be achieved within 
the proposed project period that are specified in the Objective Work 
Plan. Completion of objectives must result in specific, measurable, 
outcomes that would benefit the community and directly contribute to 
the achievement of the stated community goals. Applicants should relate 
their proposed project objectives to outcomes that support the 
community's long-range goals.
    Partnerships: Agreements between two or more parties that will 
support the development and implementation of the proposed project. 
Partnerships include other community-based organizations or 
associations, Tribes, Federal and State agencies and private or non-
profit organizations, which may include faith-based organizations.
    Performance Indicators: Measurement descriptions used to identify 
the outcomes or results of the project. Outcomes or results must be 
measurable to determine that the project has achieved its desired 
objective and can be independently verified through monitoring and 
evaluation.
    Real Property: Land, including land improvements, structures, and 
appurtenances thereto, excluding movable machinery and equipment.
    Renovation or Alteration: The work required to change the interior 
arrangements or other physical characteristics of an existing facility, 
or install 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.
    Resolution: Applicants are required to include a current signed 
Resolution (a formal decision voted on by the official governing body) 
in support of the project for the entire project period. The Resolution 
should indicate who is authorized to sign documents and negotiate on 
behalf of the Tribe or organization. The Resolution should indicate 
that the community was involved in the project planning process, and 
indicate the specific dollar amount of any non-federal matching funds 
(if applicable).
    Sustainable Project: A sustainable project is an on-going program 
or service that can be maintained without additional ANA funds.
    Self-Sufficiency: The ability to generate resources to meet a 
community's needs in a sustainable manner. A community's progress 
toward self-sufficiency is based on its efforts to plan, organize, and 
direct resources in a comprehensive manner that is consistent with its 
established long-range goals. For a community to be self sufficient, it 
must have local access to, control of, and coordination of services and 
programs that safeguard the health, well-being, and culture of the 
people that reside and work in the community.
    Social Development: Investment in human and social capital for 
advancing the well-being members of the Native American community 
served. Social development is the action taken to support the health, 
education, culture, and employment options that expand an individual's 
capabilities and opportunities, and that promote social inclusion and 
combat social ills.

Program Area: Environmental Regulatory Enhancement

    The strengthening of tribal governments or organizations through 
capacity building in order to identify, plan, develop, and implement 
environmental programs in a manner that is consistent with tribal 
culture for Native American communities.
    Program Areas of Interest include:
     Projects to develop regulations, ordinances and laws to 
protect the environment;
     Projects to develop the technical and program capacity to 
carry out a comprehensive tribal environmental program and perform 
essential environmental program functions to meet Tribal and Federal 
regulatory requirements;
     Projects that promote environmental training and education 
of tribal employees;
     Projects that develop technical and program capability to 
monitor compliance and enforcement of Tribal and Federal environmental 
regulations, ordinances, and laws.

II. Award Information

    Funding Instrument Type: Grant.
    Anticipated Total Program Area Funding: $3,000,000.
    Anticipated Number of Awards: 20-30.
    Average Projected Award Amount: $50,000 to $250,000.
    Length of Project Periods: 12, 17, 24, or 36 months.
    Ceiling on Amount of Individual Awards: $250,000 (for planning 
purposes).
    Floor of Individual Award Amounts: $50,000.

III. Eligibility Information

1. Eligible Applicants

     Federally Recognized Indian Tribes;
     Incorporated non-Federally and State recognized Indian 
Tribes;
     Alaska Native Villages, as defined in the Alaska Native 
Claims Settlement Act (ANSCA) and/or non-profit village consortia;
     Non-profit Alaska Native Regional Corporations/
Associations in Alaska with village specific projects;
     Other Tribal or village organizations or consortia of 
Indian Tribes; and
     Tribal governing bodies (Indian Reorganization Act or 
Traditional Councils) as recognized by the Bureau of Indian Affairs.
    Additional Information on Eligibility:
    Please refer to section I ``Funding Opportunity Description'' to 
review general ANA Administrative Policies for any applicable statutory 
policies pertaining to application eligibility.
    Proof of 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 reference to the applicant organization's listing in the 
Internal Revenue Service's (IRS) most recent list of tax-exempt 
organizations described in the IRS Code; or
     a copy of the currently valid IRS tax exemption 
certificate; or
     a statement from a State taxing body, State Attorney 
General, or other appropriate State official certifying that the 
applicant organization has a non-profit status and none of the net 
earnings accrue to any private shareholders or individuals; or
     a certified copy of the organization's certificate of 
incorporation or similar document that clearly establishes non-profit 
status; or
     any of the items in the subparagraphs immediately above 
for a State or national parent organization and a statement signed by 
the parent organization that the applicant organization is a local non-
profit affiliate.
    Resolution: Applicants are required to include a current signed 
Resolution (a formal decision voted on by the official governing body) 
in support of the project for the entire project period. The Resolution 
must indicate who is authorized to sign documents and negotiate on 
behalf of the Tribe or organization. The Resolution should

[[Page 9331]]

indicate that the community was involved in the project planning 
process, and indicate the specific dollar amount of any non-federal 
matching funds (if applicable).

2. Cost Sharing or Matching

    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 through cash contributions. Therefore, a 
project requesting $100,000 in Federal funds (based on an award of 
$100,000 per budget period) must provide a match of at least $25,000 
($100,000 / 80% = $125,000-$100,000 = $25,000) or 20% total approved 
project cost. Grantees will be held accountable for commitments of non-
Federal resources even of over the amount of the required match. 
Failure to provide the amount will result in disallowance of Federal 
match. Applications that fail to include the required amount of cost-
sharing will be considered non-responsive and will not be eligible for 
funding under this announcement. 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.

3. Other (if applicable)

    DUNS Number: On June 27, 2003, the Office of Management and Budget 
published in the Federal Register a new Federal policy applicable to 
all Federal grant applicants after giving notice in the Federal 
Register on June 27, 2002 and opportunity for public comment. The 
policy requires all Federal grant applicants to provide a Dun and 
Bradstreet Data Universal Numbering System (DUNS) number when applying 
for Federal grants or cooperative agreements on or after October 1, 
2003. The DUNS number will be required whether an applicant is 
submitting a paper application or using the government-wide electronic 
portal (http://www.Grants.Gov). A DUNS number will be required for 
every application for a new award or renewal/continuation of an award, 
including applications or plans under mandatory grant programs, 
submitted on or after October 1, 2003. A DUNS number may be acquired at 
no cost by calling the dedicated toll-free DUNS number request line on 
1-866-705-5711 or you may request a number on-line at http://www.dnb.com.
    Applications that fail to include the required amount of cost-
sharing will be considered non-responsive and will not be eligible for 
funding under this announcement.

IV. Application and Submission Information

1. Address To Request Application Package

    The ANA regional Training and Technical Assistance providers at:

Region I: AL, AR, CT, DC, DE, FL, GA, IA, IL, IN, KS, KY, LA, MA, MD, 
ME, MI, MN, MO, MS, NC, ND, NE, NH, NJ, NY, OH, OK, PA, RI, SC, SD, TN, 
TX, VA, VT, WI, W.VA.
    Native American Management Services, Inc., 6858 Old Dominion Drive, 
Suite 302, McLean, Virginia 22101, Toll Free: 888-221-9686, (703) 
821.2226 x-234, Fax: (703) 821.3680, Kendra King-Bowes, Project 
Manager, e-mail: [email protected], http://www.anaeastern.org.

Region II: AZ, CA, CO, ID, MT, NM, NV, OR, UT, WA, WY.
    ACKCO, Inc., 2214 N. Central, Suite 250, Phoenix, Arizona 85004, 
Toll Free: 800-525.2859, (602) 253.9211, Fax (602) 253.9135, Theron 
Wauneka, Project Manager, e-mail: [email protected], http://www.anawestern.com.

Region III: Alaska.
    Native American Management Services, Inc., 11723 Old Glenn Highway, 
Suite 201, Eagle River, Alaska 99577, Toll Free 877-770-6230, (907) 
694.5711, Fax (907) 694.5775, P.J. Bell, Project Manager, e-mail: 
[email protected], http://www.anaalaska.org.

2. Content and Form of Application Submission

    Please refer to section I ``Funding Opportunity Description'' to 
review general ANA Administrative Policies for any applicable statutory 
policies pertaining to application content and form.
    Application Submission: An original and two copies of the complete 
application are required. The original copy must include all required 
forms, certifications, assurances, and appendices, be signed by an 
authorized representative, have original signatures, and be submitted 
unbound. The two additional copies of the complete application must 
include all required forms, certifications, assurances, and appendices 
and must also be submitted unbound. Applicants have the option of 
omitting from the application copies (not the original) specific salary 
rates or amounts for individuals specified in the application budget. A 
complete application for assistance under this Program Announcement 
consists of Three Parts. Part One includes the SF 424, other required 
government forms, and other required documentation. Part Two of the 
application is a description of the project's substance. This section 
of the application may not exceed 45 pages. Part Three of the 
application is the Appendix. This section of the application may not 
exceed 20 pages (the exception to this 20-page limit applies only to 
projects that require, if relevant to the project, a Business Plan or 
any Third-Party Agreements).
    Electronic Submission: While ACF does have the capability to 
receive program announcement applications electronically through 
Grants.gov, electronic submission of applications will not be available 
for this particular announcement. There are required application 
form(s) specific to ANA that have not yet received clearance from 
Grants.gov. While electronic submission of applications may be 
available in the next fiscal year for this program, no electronic 
submission of applications will be accepted for this announcement this 
year as they would be missing those required ANA forms and be 
considered incomplete.
    Organization and Preparation of Application: Due to the intensity 
and pace of the application review and evaluation process, ANA strongly 
recommends applicants organize, label, and insert required information 
in accordance with Part One, Part Two and Part Three as presented in 
the charts below. The application should begin with the information 
requested in Part One of the chart in the prescribed order. Utilizing 
this format will insure all information submitted to support an 
applicant's request for funding is thoroughly reviewed. Submitting 
information in this format will assist the panel reviewer in locating 
and evaluating the information. Deviation from this suggested format 
may reduce the applicant's ability to receive maximum points, which are 
directly related to ANA's funding review decisions.
    ANA Application Format: This format applies to all applicants 
submitting applications for funding. ANA will now require all 
applications to be labeled with a Section Heading in compliance with 
the format provided in the program announcement. All pages submitted 
(including Government Forms, certifications and assurances) should be 
numbered consecutively. The paper size shall be 8\1/2\ x 11 inches, 
line spacing shall be a space and a half (1.5 line spacing), printed 
only on one side, and have a half-inch margin on all sides of

[[Page 9332]]

the paper. The font size should be no smaller than 12-point and the 
font type shall be Times New Roman. These requirements do not apply to 
the project Abstract Form, Letters of Commitment, the Table of 
Contents, and the Objective Work Plan.
    Forms and Assurances: The project description should include all 
the information requirements described in the specific evaluation 
criteria outlined in the program announcement under Part V. In addition 
to the project description, the applicant needs to complete all the 
standard forms required for making applications for awards under this 
announcement. 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, if applicable, with their applications. The 
forms (Forms 424, 424A-B; and Certifications may be found at: http://www.acf.hhs.gov/programs/ofs/forms.htm. Fill out Standard Forms 424 and 
424A and the associated certifications and assurances based on the 
instructions on the forms.
    Survey: Private, non-profit organizations are encouraged to submit 
with their applications the survey located under ``Grant Related 
Documents and Forms'' titled ``Survey for Private, Non-Profit Grant 
Applicants'' at http://www.acf.hhs.gov/programs/ofs/forms.htm. (OMB No. 
1890-0014 Exp. 1/31/06).

3. Submission Date and Time

    The closing time and date for receipt of applications is 4:30 
(Eastern Standard Time) on April 6, 2004. Mailed or hand-delivered 
applications received after 4:30 p.m. on the closing date will be 
classified as late.
    Deadline: Mailed applications shall be considered as meeting an 
announced deadline if they are received on or before the deadline time 
and date at the U.S. Department of Health and Human Services, 
Administration for Children and Families, Office of Grants Management, 
Division of Discretionary Grants, 370 L'Enfant Promenade, SW., 
Washington, DC 20447. This address must appear on the envelope/package 
containing the application with the note ``Attention: Lois B. Hodge.'' 
Applicants are cautioned that express/overnight mail services do not 
always deliver as agreed.
    Hand-delivered applications must be received at the address below 
by 4:30 p.m. (Eastern Standard Time) on or before the closing date. 
Applications that are hand delivered will be accepted between the hours 
of 8 a.m. and 4:30 p.m., Monday through Friday (excluding Federal 
holidays). Applications may be delivered to the U.S. Department of 
Health and Human Services, Administration for Children and Families, 
Office of Grants Management, Division of Discretionary Grants, ACF Mail 
Room, Second Floor Loading Dock, Aerospace Center, 901 D Street, SW., 
Washington, DC 20024. This address must appear on the envelope/package 
containing the application with the note ``Attention: Lois B. Hodge.'' 
Applicants are cautioned that express/overnight mail services do not 
always deliver as agreed.
    Late Applications: Applications that do not meet the Deadline 
criteria above will be considered late applications. ACF shall notify 
each late applicant that its application will not be considered for 
review in the current competition.
    Extension of Deadline: ACF may extend application deadlines when 
circumstances such as acts of God (floods, hurricanes, etc.) occur, 
when there are widespread disruptions of mail service. Determinations 
to extend or waive deadline requirements rests with the Grants 
Management Officer.
    Required Forms: All requirements for submission are due on or 
before the deadline date.

          Part One.--Federal Forms and Other Required Documents
------------------------------------------------------------------------
  Part one must include the    Content and location of part one required
          following:              forms, certifications, and documents
------------------------------------------------------------------------
SF 424, SF 424A, and SF 424B.  http://www.acf.hhs.gov/programs/ofs/forms.htm.
Table of Contents............  Applicant must include a table of
                                contents that accurately identifies the
                                page number and where the information
                                can be located. Table of Contents does
                                not count against application page
                                limit.
Project Abstract.............  ANA Form: OMB Clearance Number 0980-0204
                                http://www.acf.hhs.gov/programs/ana.
Proof of Non-Profit Status...  As described in this announcement under
                                Section B--Award Information, subpart
                                heading ``Acceptable proof of Non-profit
                                status.''
Resolution...................  Information for submission can be found
                                in the Program Announcement Section,
                                ``Content and Form of Application
                                Submission.''
Documentation that the Board   As described in this announcement under
 of Directors is majority       ``ANA Administrative Policies'' section.
 Native American, if
 applicant is other than a
 Tribe or Alaska Native
 Village government.
Audit Letter.................  A Certified Public Accountant's
                                ``Independent Auditors' Report on
                                Financial Statement.'' This is usually
                                only a two to three page document. (This
                                requirement applies only to applicants
                                with annual expenditures of $300,000 or
                                more of Federal funds). Applicant must
                                also include that portion of the audit
                                document that identifies all other
                                Federal sources of funding.
Indirect Cost Agreement......  Organizations and Tribes must submit a
                                current indirect cost agreement (if
                                claiming indirect costs) that aligns
                                with the approved ANA project period.
                                The Indirect Cost Agreement must
                                identify the individual components and
                                percentages that make up the indirect
                                cost rate.
Non-Federal Share of Waiver    A request for a waiver of the non-Federal
 Request, per CFR 1336.50(b).   share requirement may be submitted in
                                accordance with 45 CFR 1336.50(b) (3) of
                                the Native American Program regulations
                                (if applicable).
Certification regarding        May be found at http://www.acf.hhs.gov/
 Lobbying Disclosure of         programs/ofs/forms.htm.
 Lobbying Activities--SF LLL.
Certification regarding        May be found at http://www.acf.hhs.gov/
 Maintenance of Effort.         programs/ofs/forms.htm.
Environmental Tobacco Smoke    May be found at http://www.acf.hhs.gov/
 Certification.                 programs/ofs/forms.htm.
------------------------------------------------------------------------


[[Page 9333]]


                 Part Two.--Application Review Criteria
------------------------------------------------------------------------
                                   Application review criteria--(This
  Part two--Proposed project        section may not exceed 45 pages)
------------------------------------------------------------------------
Criteria One (5 pts).........  Introduction and Project Summary/Project
                                Abstract.
Criteria Two (20 pts)........  Objectives and Need for Assistance.
Criteria Three (25 pts)......  Approach: Include an Objective Work Plan
                                (OWP) Form for each 12 months of the
                                project period. Only one OWP is needed
                                to reflect a 17-month project period.
Criteria Four (20 pts).......  Organizational Capacity.
Criteria Five (20 pts).......  Results or Benefits Expected.
Criteria Six (10 pts)........  Budget and Budget Justification Summary/
                                Cost Effectiveness.
------------------------------------------------------------------------


                          Part Three.--Appendix
------------------------------------------------------------------------
                               Appendix--(This section may not exceed 20
     Part Three--Support                         pages)
------------------------------------------------------------------------
Documentation................  Part Three includes only supplemental
                                information or required support
                                documentation that addresses the
                                applicant's capacity to carry out and
                                fulfill the proposed project. These
                                items include: Letters of agreement with
                                cooperating entities, in-kind commitment
                                and support letters, business plans, and
                                a summary of the Third Party Agreements.
                                Do not include books, videotapes,
                                studies or published reports and
                                articles, as they will not be made
                                available to the reviewers, or be
                                returned to the applicant.
------------------------------------------------------------------------

    Additional Forms: Private-non-profit organizations may submit with 
their applications the additional survey located under ``Grant Related 
Documents and Forms'' titled ``Survey for Private, Non-Profit Grant 
Applicants''.

----------------------------------------------------------------------------------------------------------------
           What to submit               Required content       Required form or format        When to submit
----------------------------------------------------------------------------------------------------------------
Survey for Private, Non-Profit       Per required form.....  May be found on http://      By application due
 Grant Applicants.                                            www.acf.hhs.gov/programs/    date.
                                                              ofs/form.htm..
----------------------------------------------------------------------------------------------------------------

4. Intergovernmental Review

    Applications are not subject to Executive Order 12372.

5. Funding Restrictions

    ANA does not fund:
     Activities in support of litigation against the United 
States Government that are unallowable under OMB Circulars A-87 and A-
122.
     ANA has a policy of not funding duplicative projects or 
allowing any one community to receive a disproportionate share of the 
funds available for award. When making decisions on awards of grants 
the Agency will consider whether the project is essentially identical 
or similar, in whole or significant part, to projects in the same 
community previously funded or being funded under the same competition. 
The Agency will also consider whether the grantee is already receiving 
funding for a SEDS, Language, or Environmental project from ANA. The 
Agency will also take into account in making funding decisions whether 
a proposed project would require funding on an indefinite or recurring 
basis. This determination will be made after it is determined whether 
the application meets the requirements for eligibility as set forth in 
45 CFR 1336, Subpart C, but before funding decisions are complete.
     Projects in which a grantee would provide training and/or 
technical assistance (T/TA) to other tribes or Native American 
organizations that are otherwise eligible to apply for ANA funding. 
However, ANA will fund T/TA requested by a grantee for its own use or 
for its members' use (as in the case of a consortium), when the T/TA is 
necessary to carry out project objectives.
     The purchase of real property or construction because 
those activities are not authorized by the Native American Programs Act 
of 1974, as amended.
     Objectives or activities to support core administration 
activities of an organization. However, functions and activities that 
are clearly project related are eligible for grant funding (Please 
refer to the definition for ``core administration activities'' under 
Definitions within section I on Funding Opportunity Description, and 
the section on indirect costs under section V.1 Application Review 
Information, Criteria).
     Costs associated with 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 an ANA grant award. However, any 
unallowable costs for purposes of computing charges to Federal awards 
must be treated as direct costs for purpose of determining indirect 
cost rates, and be allocated their share of the organization's indirect 
costs if they represent activities that (a) include the salaries of 
personnel, (b) occupy space, and (c) benefit from the organization's 
indirect costs.
     Major renovation or alteration because those activities 
are not authorized under the Native American Programs Act of 1974, as 
amended.
     Projects originated and designed by consultants who 
provide a major role for themselves and are not members of the 
applicant organization, Tribe, or village.
     Project activities that do not further the three 
interrelated ANA goals of economic development or social development or 
governance, or meet the purpose of this program announcement.

6. Other Submission Requirements

    Submission by Mail: An Applicant must provide a complete original 
and two copies of the application with all required forms and signed by 
the authorized representative. The Application must be received at the 
address below by 4:30 p.m. Eastern Standard Time on or before the 
closing date. Applications should be mailed to:
    U.S. Department of Health and Human Services, Administration for 
Children and Families, Office of Grants Management, Division of 
Discretionary

[[Page 9334]]

Grants, ``Attention: Lois B. Hodge'', 370 L'Enfant Promenade, SW., 
Washington, DC 20447.
    For Hand-Delivery: An Applicant must deliver a complete original 
and two copies of the application with all required forms and signed by 
the authorized representative. Applications shall be considered as 
meeting an announced deadline if received on or before the deadline 
date, between the hours of 8 a.m. to 4:30 p.m., EST, Monday through 
Friday (excluding Federal holidays). Applications may be delivered to 
the U.S. Department of Health and Human Services, Administration for 
Children and Families, Office of Grants Management, Division of 
Discretionary Grants, ACF Mail Room, Second Floor Loading Dock, 
Aerospace Center, 901 D Street, SW., Washington, DC 20024. This address 
must appear on the envelope/package containing the application with the 
note ``Attention: Lois B. Hodge''. Applicants are cautioned that 
express/overnight mail services do not always deliver as agreed.

V. Application Review Information

1. Criteria

Instructions: ACF Uniform Project Description (UPD)
    The UPD text should be used as a general guidance in the 
development of projects. However, the program specific ANA application 
submission format to be used in response to this announcement is 
located in Section IV ``Application and Submission Information''.
    Purpose: The Project Description is a major area by which an 
application is evaluated and ranked in competition with other 
applications for financial assistance. The Project Description should 
be concise and complete and should address the activity for which 
Federal funds are being requested. Supporting documents should be 
included if they present information clearly and succinctly. In 
preparing your Project Description, all information requested through 
each specific evaluation criteria should be provided. ANA uses this and 
other information to make funding decisions. It is important, 
therefore, that this information be included in the application.
    General Instructions: ANA is particularly interested in specific 
factual information and statements of measurable goals and performance 
indicators in quantitative terms. Project descriptions are evaluated on 
a basis of substance, not length. Extensive exhibits are not required. 
Cross-referencing should be used rather than repetition. Supporting 
information that does not directly pertain to an integral part of the 
grant-funded activity should be placed in the appendix. The application 
narrative should be in a 12-pitch font. A table of contents and an 
executive summary should be included. Each page should be numbered 
sequentially, including attachments or appendices. Please do not 
include books, videotapes or published reports because they are not 
easily reproduced, are inaccessible to the reviewers, and will not be 
returned to the applicant.
    Introduction: Applicants are required to submit a full Project 
Description and shall prepare this portion of the grant application in 
accordance with the following instructions and the specified evaluation 
criteria. The introduction provides a broad overview of the Project, 
and the information provided under each evaluation criteria expands and 
clarifies the project program-specific activities and information that 
reviewers will need to assess the proposed project.
    Project Summary: Provide a summary of the Project Description (a 
page or less) with reference to the funding request.
    Objectives and Need for Assistance: Clearly identify the physical, 
economic, social, financial, institutional, and/or other problem(s) 
requiring a solution. The need for assistance must be demonstrated and 
the principal and subordinate objectives of the project must be clearly 
stated; supporting documentation, such as letters of support and 
testimonials from concerned interests other than the applicant, may be 
included. Any relevant data based on planning studies should be 
included or referred to in the endnotes/footnotes. Incorporate 
demographic data and participant/beneficiary information, as needed. In 
developing the Project Description, the applicant should provide 
information on the total range of projects currently being conducted 
and supported (or to be initiated) to ensure they are within the scope 
of the program announcement.
    Results or Benefits Expected: Identify the results and benefits to 
be derived by the community and its members. For example, applicants 
are encouraged to describe the qualitative and quantitative data 
collected, how this data will measure progress towards the stated 
results or benefits, and how performance indicators under economic and 
social development and governance projects can be monitored, evaluated 
and verified.
    Approach: Outline a plan of action that describes the scope and 
detail of how the proposed work will be accomplished. Account for all 
functions or activities identified in the application. Cite factors, 
which might accelerate or decelerate the work and state your reason for 
taking the proposed approach rather than others. Describe any unusual 
features of the project such as design or technological innovations, 
reductions in cost or time, extraordinary social and community 
involvement or ease of project replication by other tribes and Native 
organizations. List organizations, cooperating entities, consultants, 
or other key individuals who will work on the project along with a 
short description of the nature of their effort or contribution. 
Provide quantitative monthly or quarterly projections of the 
accomplishments to be achieved for each function or activity in such 
terms as the number of people served and the number of activities 
accomplished. Examples of these activities would be the number of 
businesses started or expanded, the number of jobs created or retained, 
the number of people trained, the number of youth, couples or families 
assisted or the number elders participating in the activity during that 
reporting period. When accomplishments cannot be quantified by activity 
or function, list them in chronological order to show the dates and 
schedule of accomplishments. List organizations, cooperating entities, 
consultants, or other key individuals who will work on the project, as 
well as a short description of the nature of their effort or 
contribution.
    Organizational Profiles: Provide information on the applicant 
organization(s) and cooperating partners with organizational charts, 
financial statements, audit reports or statements from CPA/Licensed 
Public Accountants, Employer Identification Numbers, names of bond 
carriers, contact persons and telephone numbers, child care licenses 
and other documentation of professional accreditation, information on 
compliance with Federal/State/local government standards, documentation 
of experience in the program area, and other pertinent information. Any 
non-profit organization submitting an application must submit proof of 
its non-profit status in its application at the time of submission.
    Third-Party Agreements: Include written agreements between grantees 
and sub grantees or subcontractors or other cooperating entities. These 
agreements must detail scope of work to be performed, work schedules, 
remuneration, and other terms and conditions that structure or define 
the relationship.

[[Page 9335]]

    Budget and Budget Justification: Provide line item detail and 
detailed calculations for each budget object class identified on the 
Budget Information form. Detailed calculations must include estimation 
methods, quantities, unit costs, and other similar quantitative detail 
sufficient for the calculation to be duplicated. The detailed budget 
must also include a breakout by the funding sources identified in Block 
15 of the SF-424. Provide a narrative budget justification that 
describes how the categorical costs are derived. Discuss the necessity, 
reasonableness, and allow-ability of the proposed costs.
    Additional Information: The following are requests for additional 
information that need to be included in the application: Any non-profit 
organization submitting an application must submit proof of its non-
profit status in the application at the time of submission. The non-
profit organization shall submit one of the following (i) a reference 
to the applicant organization's listing in the Internal Revenue 
Service's (IRS) most recent list of tax-exempt organizations described 
in the IRS Code; or (ii) a copy of the currently valid IRS tax 
exemption certificate; or (iii) a statement from a State taxing body, 
State Attorney General, or other appropriate State official certifying 
that the applicant organization has a non-profit status and none of the 
net earnings accrue to any private shareholders or individuals; or (iv) 
a certified copy of the organization's certificate of incorporation or 
similar document that clearly establishes non-profit status; or (v) any 
of the items in the subparagraphs immediately above for a State or 
national parent organization and a statement signed by the parent 
organization that the applicant organization is a local non-profit 
affiliate. Organizations incorporating in American Samoa are cautioned 
that the Samoan government relies exclusively upon IRS determinations 
of non-profit status; therefore, articles of incorporation approved by 
the Samoan government do not establish non-profit status for the 
purpose of ANA program eligibility.
    General: The following guidelines are for preparing the budget and 
budget justification. Both Federal and non-Federal resources shall be 
detailed and justified in the budget and narrative justification. For 
purposes of preparing the budget and budget justification, ``Federal 
resources'' refers only to the ACF grant for which you are applying. 
Non-Federal resources are all other Federal and non-Federal resources. 
It is suggested that budget amounts and computations be presented in a 
columnar format: first column, object class categories; second column, 
Federal budget; next column(s), non-Federal budget(s); and last column, 
total budget. The budget justification should be a narrative.
     Personnel: The description of the costs of employee 
salaries and wages. Identify the project director or principal 
investigator, if known. For each staff person, provide the title, time 
commitment to the project (in months), or time commitment to the 
project (as a percentage or full-time equivalent), annual salary, grant 
salary, wage rates, etc. Do not include the costs of consultants or 
personnel costs of delegate agencies or of specific project(s) or 
businesses to be financed by the applicant.
     Fringe Benefits: Costs of employee fringe benefits unless 
treated as part of an approved indirect cost rate. Provide a breakdown 
of the amounts and percentages that comprise fringe benefit costs such 
as health insurance, FICA, retirement insurance, taxes, etc.
     Travel: Costs of project-related travel by employees of 
the applicant organization (does not include costs of consultant 
travel). Justification: For each trip, show the total number of 
traveler(s), travel destination, duration of trip, per diem, mileage 
allowances, if privately owned vehicles will be used, and other 
transportation costs and subsistence allowances. Travel costs for key 
staff to attend ACF-sponsored workshops should be detailed in the 
budget.
     Equipment: Equipment means an article of nonexpendable, 
tangible personal property having a useful life of more than one year 
and an acquisition cost, which equals or exceeds the lesser of (a) the 
capitalization level established by the organization for the financial 
statement purposes, or (b) $5,000. (Note: Acquisition cost means the 
net invoice unit price of an item of equipment, including the cost of 
any modifications, attachments, accessories, or auxiliary apparatus 
necessary to make it usable for the purpose for which it is acquired. 
Ancillary charges, such as taxes, duty, protective in-transit 
insurance, freight, and installation shall be included in or excluded 
from acquisition cost in accordance with the organization's regular 
written accounting practices.) Justification: For each type of 
equipment requested, provide a description of the equipment, the cost 
per unit, the number of units, the total cost, and a plan for use on 
the project, as well as use or disposal of the equipment after the 
project ends. An applicant organization that uses its own definition 
for equipment should provide a copy of its policy or section of its 
policy, which includes the equipment definition.
     Supplies: Costs of all tangible personal property other 
than that included under the Equipment category. Justification: Specify 
general categories of supplies and their costs. Show computations and 
provide other information that supports the amount requested.
     Contractual: Costs of all contracts for services and goods 
except for those, which belong under other categories such as 
equipment, supplies, construction, etc. Third-party evaluation 
contracts (if applicable) and contracts with secondary recipient 
organizations, including delegate agencies and specific project(s) or 
businesses to be financed by the applicant, should be included under 
this category. Justification: All procurement transactions shall be 
conducted in a manner to provide, to the maximum extent practical, open 
and free competition. Recipients and sub-recipients, other than States 
that are required to use Part 92 procedures, must justify any 
anticipated procurement action that is expected to be awarded without 
competition (sole source) and exceed the simplified acquisition 
threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000.). 
Recipients may be required to make available to ANA pre-award review 
and procurement documents, such as request for proposals or invitations 
for bids, independent cost estimates, etc. Note: Whenever the applicant 
intends to delegate part of the project to another agency, the 
applicant must provide a detailed budget and budget narrative for each 
delegate agency, by agency title, along with the required supporting 
information referred to in these instructions.
     Other: Enter the total of all other costs. Such costs, 
where applicable and appropriate, may include but are not limited to 
insurance, food, medical and dental costs (noncontractual), 
professional services costs, space and equipment rentals, printing and 
publication, computer use, training costs, such as tuition and 
stipends, staff development costs, and administrative costs. 
Justification: Provide computations, a narrative description, and a 
justification for each cost under this category.
     Indirect Charges: Total amount of indirect costs. This 
category should be used only when the applicant currently has an 
indirect cost rate approved by the Department of the Interior, 
Department of Labor, the Department of Health and Human Services (HHS), 
or other Federal agency. Justification: An applicant that

[[Page 9336]]

will charge indirect costs to the grant must enclose a copy of the 
current rate agreement. If the applicant organization is in the process 
of initially developing or renegotiating a rate, it should immediately 
upon notification that an award will be made, develop a tentative 
indirect cost rate proposal based on its most recently completed fiscal 
year in accordance with the principles set forth in the cognizant 
agency's guidelines for establishing indirect cost rates, and submit it 
to the cognizant agency. Applicants awaiting approval of their indirect 
cost proposals may also request indirect costs. It should be noted that 
when an indirect cost rate is requested, those costs included in the 
indirect cost pool should not also be charged as direct costs to the 
grant. Also, if the applicant is requesting a rate which is less than 
what is allowed under the program, the authorized representative of the 
applicant organization must submit a signed acknowledgement that the 
applicant is accepting a lower rate than allowed.
     Program Income: The estimated amount of income, if any, 
expected to be generated from this project. Justification: Describe the 
nature, source, and anticipated use of program income in the budget or 
refer to the pages in the application, which contain this information.
     Non-Federal Resources: Amounts of non-Federal resources 
that will be used to support the project as identified in Block 15 of 
the SF-424. Justification: The firm commitment of these resources must 
be documented and submitted with the application in order to be given 
credit in the review process. A detailed budget must be prepared for 
each budget period.
     Total Direct Charges, Total Indirect Charges, and Total 
Project Costs.
Evaluation Criteria: ANA
    Approach (25 Points). The Applicant's narrative should be clear and 
concise. The applicant should provide a detailed project description 
with goals and objectives. It should discuss the project strategy and 
implementation plan over the project period. Applicant should also 
describe the project strategy using the Objective Work Plan (OWP). In 
the OWP, the applicant should identify the project objectives, time 
frames, proposed activities, outcomes, and evaluation activity, as well 
as the individuals responsible for completing the objectives and 
performing the activities. Applicant should summarize how the project 
description, objective(s), approach, strategy and implementation plan 
are inter-related. The applicant should also include the names and 
activities of any organizations, consultants, or other key individuals 
who will contribute to the project. The Applicant should discuss 
``Leveraged Resources'' (see Definitions) used to strengthen and 
broaden the impact of the proposed project. The Applicant should 
discuss how commitments and contributions from other entities will 
enhance the project. Applicant should provide ``Letters of Commitment'' 
(see Definitions) that identify the time, dollar amount, and activity 
to be accomplished through partnerships. Applicant should discuss the 
relationship of non-ANA funded activities to those objectives and 
activities that will be funded with ANA grant funds. (Letters of 
Commitment are included in the Appendix.)
    Objectives and Need for Assistance (20 Points). Applicant should 
show a clear relationship between the proposed project, the 
environmental strategy, and the community's long-range goals. The need 
for assistance should clearly identify the physical, economic, social, 
financial, governmental, and institutional challenges and problem(s) 
requiring a solution that supports the funding request. Describe the 
community (see Definitions) to be affected by the project and the 
community involvement in the project. The Applicant should describe the 
community's long-range goals, the community planning process, and how 
the project supports these community goals. The applicant should 
describe how the proposed goals, objectives, and activities reflect the 
environmental needs of the local community. Discuss the geographic 
location of the project and where the project and grant will be 
administered.
    Applications from National American Indian and Native American 
organizations must clearly demonstrate a need for the project, explain 
how the project originated, and identify intended beneficiaries, 
describe and relate the actual project benefits to the community and 
organization, and describe a community-based program delivery strategy. 
National Indian and Native organizations should describe their 
membership and define how the organization operates, and demonstrates 
native community and/or Tribal government support for the project. The 
type of community served will determine the type of documentation 
necessary. Proposed project objectives support the identified need and 
should be measurable.
    Organizational Profile (20 Points). Provide information on the 
management structure of the Applicant and the organizational 
relationships with its cooperating partners. Include organizational 
charts that indicate how the proposed project will fit into the 
existing structure. Demonstrate experience in the program area. 
Describe the Applicant's capabilities such as the administrative 
structure, its ability to administer a project of the proposed scope 
and its capacity to fulfill the implementation plan. If relevant to the 
project, applicants must provide a Business Plan or any Third-Party 
Agreements (not counted in Appendix page limit). Applicants are 
required to affirm that they will credit the Administration for Native 
Americans, and reference the ANA funded project on any audio, video, 
and/or printed materials developed in whole or in part with ANA funds. 
Applicants should list all current sources of federal funding, the 
agency, purpose, amount, and provide the most recent certified signed 
audit letter for the organization to be included in Part One of the 
application. If the applicant has audit exceptions, these issues should 
be addressed. Applicant should provide ``staffing and position data'' 
to include a proposed staffing pattern for the project where the 
Applicant highlights the new project and staff. Positions discussed in 
this section must match the positions identified in the Objective Work 
Plan and in the proposed budget. Note: Applicants are strongly 
encouraged to give preference to qualified Native Americans in hiring 
project staff and in contracting services under an approved ANA grant. 
Applicant should provide a paragraph of the duties and skills required 
for the proposed staff and a paragraph on qualifications and experience 
of current staff (Full position descriptions are required to be 
submitted and included in the Appendix). Applicant should explain and 
discuss how the current and future staff will manage the proposed 
project. Brief biographies of key positions or individuals should be 
included.
    Results or Benefits Expected (20 Points). In this section the 
applicant should discuss the ``Performance Indicators'' (see 
Definitions) and the benefits expected as a result of this project. 
Performance indicators identify qualitative and quantitative data 
directly associated with the project. Each applicant should submit five 
indicators to support the applicant's project. Three performance 
indicators should be selected from the list of six below. Each grantee 
is required to develop two additional indicators specific to the 
project that directly

[[Page 9337]]

support the goals and objectives. For each performance indicator 
selected the applicant should discuss the relevance of the data, the 
method for collecting the data, and the evaluation process. Performance 
indicators will be reported to ANA in the grantee's quarterly report. 
Three of the five Performance indicators required, should be selected 
from the following list: (1) The number of environmental regulations, 
codes or ordinances created; (2) the number of workshops/trainings 
provided; (3) the number of people to successfully complete a workshop/
training; (4) types of capacity building systems created and 
implemented to support environmental program functions; (5) 
identification of tribal or village government environmental 
regulations, codes or ordinances that were adopted or enacted; and (6) 
the number of regulations, codes or ordinances successfully enforced. 
In this section the applicant will describe how it will measure the 
success of the separate project components and the project as a whole. 
Applicant should describe how the success of the project would be 
evaluated and verified by an independent program monitoring and 
evaluation team. Applicant should provide a narrative on the specific 
performance indicators that can be analyzed, measured, monitored, and 
evaluated. For example, if requesting funds for a conference, workshop, 
or an educational activity, the applicant should discuss the value and 
long-term impact to the participants and the community and explain how 
the information relates to the project goals, objectives and outcomes. 
The applicant should discuss how the project will be completed, or 
self-sustaining, or supported by other than ANA fund at the end of the 
project period. Applicants should discuss and present objectives and 
goals to be achieved and evaluated at the end of each budget period. 
Project outcomes support the identified need and should be measurable.
    Budget and Budget Justification/Cost Effectiveness: (10 Points). 
Budget and Budget Justification: An applicant must submit an itemized 
budget detailing the applicant's Federal and non-Federal share and 
citing source(s) of funding. The applicant should provide a detailed 
line item Federal and Non-Federal share budget by year for each year of 
project funds requested. A budget narrative describing the line item 
budget should be attached for each year of project funds requested. The 
budget should include a line item justification for each Object Class 
Category listed under Section B--``Budget Categories'' of the ``Budget 
Information-Non Construction Programs on the SF 424A form. The budget 
should include the necessary details to facilitate the determination of 
allowable costs and the relevance of these costs to the proposed 
project.
    Applicant should briefly explain its existing operational budget 
and any additional anticipated funding (including unique financial 
circumstances, with potential impact on the project such as upcoming 
monetary or land settlements), and how the proposed project fits in the 
overall budget. Applicant should explain why it cannot apply other 
funding resources to cover the ANA portion of funding.
    The non-Federal budget share should identify the source and be 
supported by letters of commitment (see Definitions). Letters of 
commitment are binding when they specifically state the nature, the 
amount, and conditions under which another agency or organization will 
support a project funded with ANA funds. These resources may be human, 
natural, or financial, and may include other Federal and non-Federal 
resources. For example, a letter from another Federal agency or 
foundation pledging a commitment of $200,000 in construction funding to 
complement proposed ANA funded pre-construction activity is evidence of 
a firm funding commitment. Statements that additional funding will be 
sought from other specific sources are not considered a binding 
commitment of outside resources. Letters of Support merely express 
another organization's endorsement of a proposed project. Support 
letters are not binding commitment letters. They do not factually 
establish the authenticity of other resources and do not offer or bind 
specific resources to the project.
    If an applicant plans to charge or otherwise seek credit for 
indirect costs in its ANA application, a current copy of its Indirect 
Cost Rate Agreement should be included in the application, with all 
cost broken down by category so ANA reviewers can be certain that no 
budgeted line items are included in the indirect cost pool. Applicants 
that do not submit a current Indirect Cost Rate Agreement, may not be 
able to claim the allowable cost, may have the grant award amount 
reduced, or result in a delay in grant award.
    Applicants are encouraged to include sufficient funds for principal 
representatives, such as the applicant's chief financial officer or 
project director to travel to one ANA post-award grant training and 
technical assistance workshop. This expenditure is allowable for new 
grant recipients and optional for grantees that have had previous ANA 
grant awards and will be negotiated prior to award. Applicants may also 
include costs to travel to an ANA grantee conference.
    Cost Effectiveness: This criterion reflects ANA's concern with 
ensuring that the expenditure of its limited resources yields the 
greatest benefit possible in achieving environmentally sound and 
healthy Native American communities. Applicant demonstrates an 
effective cost-benefit relationship for the proposed project by: 
explaining partnerships and the efficient use of leveraged resources; 
explaining the impact on the identified community through measurable 
project outcomes; and presenting a project that is completed, or self-
sustaining or supported by other than ANA funds by the end of the 
project period.
    Introduction and Project Summary/Project Abstract (5 Points). Using 
the ANA Project Abstract form, the applicant should provide a Project 
Introduction. The Introduction will provide the reader an overview and 
some details of the proposed project. This is where the project is 
introduced to the peer review panel. Identify the name of the 
applicant, location of the community to be served by the proposed 
project, the project activities, amount requested, amount of matching 
funds to be provided, the length of time required to accomplish the 
project, and the outcomes or outputs to be achieved.

2. Review and Selection Process

    Initial Screening: Each application submitted under this program 
announcement will undergo a pre-review screening to determine if (a) 
the application was received by the program announcement closing date; 
(b) the application was submitted in accordance with section IV, 
``Application and Submission Information''; (c) the applicant is 
eligible for funding in accordance with section III ``Eligibility 
Information'' of this program announcement; (d) the applicant has 
submitted the proper support documentation such as proof of non-profit 
status, resolutions, and required government forms; and (e) an 
authorized representative has signed the application; and (f) applicant 
has a DUNS number. An application that fails to meet one of the above 
elements will be determined to be incomplete and excluded from the 
competitive review process. Applicants, with incomplete applications, 
will be notified by mail within 30 business days from the closing date 
of this program announcement. ANA staff cannot respond to requests for 
information regarding funding decisions prior to the

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official applicant notification. After the Commissioner has made 
decisions on all applications, unsuccessful applicants will be notified 
in writing within 90 days. If pertinent, the notification will present 
the application weaknesses identified during the review process. 
Applicants are not ranked based on general financial need. Applicants, 
who are initially excluded from competition because of ineligibility, 
may appeal the decision. Applicants may also appeal an ANA decision 
that an applicant's proposed activities are ineligible for funding 
consideration. The appeals process is stated in the final rule 
published in the Federal Register on August 19, 1996 (61 FR 42817 and 
45 CFR part 1336, subpart C).
    Competitive Review Process: Applications that pass the initial 
screening process will be analyzed, evaluated and rated by an 
independent review panel on the basis of the evaluation criteria 
specified. The evaluation criteria were designed to analyze and assess 
the quality of a proposed community-based project, the likelihood of 
its success, and the ability to monitor and evaluate community impact 
and long-term results. The evaluation criteria and analysis are closely 
related and are wholly considered in judging the overall quality of an 
application. In addition, the evaluation criteria will standardize the 
review of each application and distribute the number of points more 
equitably. Applications will be evaluated in accordance with the 
Program Announcement criteria and ANA's program areas of interest. A 
determination will be made as to whether the project is an effective 
use of Federal funds.
    Application Review Criteria: ANA has expanded the review criteria 
to allow for a more equitable distribution of points during the 
application review and competition process. The use of these six 
criteria distributes the number of points more equitably. Based on the 
ACF Uniform Project Description, ANA's criteria categories are Project 
Introduction; Objectives and Need for Assistance; Project Approach; 
Organizational Capacity; Results and Benefits Expected; and Budget and 
Budget Narrative.
    As non-Federal reviewers will be used, applicants have the option 
of omitting from the application copies (not original) specific salary 
rates or amounts for individuals specified in the application budget 
and Social Security Numbers, if otherwise required for individuals. The 
copies may include summary salary information.
    Application Consideration: The Commissioner's funding decision is 
based on an analysis of the application by the review panel, panel 
review scores and comments; analysis by ANA staff and review of 
previous ANA grantee past performance (includes timely reporting and 
successful grant close-out); comments from State and Federal agencies 
having contract and grant performance related information; and other 
interested parties. The Commissioner makes grant awards consistent with 
the purpose of the Native American Programs Act (NAPA), all relevant 
statutory and regulatory requirements, this program announcement, and 
the availability of appropriated funds. The Commissioner reserves the 
right to award more, or less, than the funds described or under such 
circumstances as may be deemed to be in the best interest of the 
Federal government. Applicants may be required to reduce the scope of 
projects based on the amount of approved award.
    ANA has a policy of not funding duplicative projects or allowing 
any one community to receive a disproportionate share of the funds 
available for award. When making decisions on awards of grants the 
Agency will consider whether the project is essentially identical or 
similar, in whole or significant part, to projects in the same 
community previously funded or being funded under the same competition. 
The Agency will also consider whether the grantee is already receiving 
funding for a SEDS, Language, or Environmental project from ANA. The 
Agency will also take into account in making funding decisions whether 
a proposed project would require funding on an indefinite or recurring 
basis. This determination will be made after it is determined whether 
the application meets the requirements for eligibility as set forth in 
45 CFR 1336, Subpart C, but before funding decisions are complete.

VI. Award Administration Information

1. Award Notice

    Approximately 120 days after the application due date, the 
successful applicants will be notified by mail through the issuance of 
a Financial Assistance Award document which will set forth the amount 
of funds granted, the terms and conditions of the grant, the effective 
date of the grant, the budget period for which initial support will be 
given, the non-Federal share to be provided and the total project 
period for which support is contemplated. The Financial Assistance 
Award will be signed by the Grants Officer and sent to the applicants 
Authorizing Official.

2. Administrative and National Policy Requirements

    45 CFR part 74 and 45 CFR part 92 and 45 CFR part 1336, subpart C 
and 42 U.S.C. section 2991 et seq.--Native American Programs Act of 
1974.
    Paperwork Reduction Act of 1995 (Pub. L. 104-13): Public reporting 
burden for this collection of information is estimated to average 120 
hours per response, including the time for reviewing instructions, 
gathering and maintaining the data needed and reviewing the collection 
information. The project description is approved under OMB control 
number 0970-0139 which expires 3/31/04. An agency may not conduct or 
sponsor, and a person is not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. 
The Survey on Ensuring Equal Opportunity for Applicants form is 
approved under OMB control number 1890-0014 which expires 1/31/06.

3. Reporting Requirements

    Programmatic Reports: Quarterly.
    Financial Reports: Quarterly.
    Special Reporting Requirements: An original and two copies of each 
performance report and financial status report must be submitted to the 
Grants Officer. Failure to submit these reports when required will mean 
the grantee is non-compliant with the terms and conditions of the grant 
award and subject to administrative action or termination. Performance 
reports are submitted 30 days after each quarter (3-month intervals) of 
the budget period. The final performance report, due 90 days after the 
project period end date, shall cover grantee performance during the 
entire project period. All grantees shall use the SF 269 (Long Form) to 
report the status of funds. Financial Status Reports are submitted 30 
days after each quarter (3-month intervals) of the budget period. The 
final report shall be due 90 days after the end of the project period.

VII. Agency Contacts

    Program Office Contact: ANA Applicant Help Desk, 370 L'Enfant 
Promenade, SW., Aerospace Building 8th Floor-West, Washington, DC 
20447-0002. Telephone: (202) 690-7776 or toll-free at 1-877-922-9262. 
e-mail: [email protected].
    Grants Management Office Contact: Lois B. Hodge, 370 L'Enfant 
Promenade, SW., Aerospace Building 8th Floor-West, Washington, DC 
20447-0002.

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Telephone: (202) 401-2344. e-mail: [email protected].

VIII. Other Information

    Training and Technical Assistance: All potential ANA applicants are 
eligible to receive T&TA in the SEDS, Language, or Environmental 
program areas. Prospective applicants should check ANA's web site for 
training and technical assistance dates and locations, or contact the 
ANA Help Desk at 1-877-922-9262. Due to the new application and program 
additions and modifications, ANA strongly encourages all prospective 
applicants to participate in free pre-application training.

    Dated: Dated February 20, 2004.
Quanah Crossland Stamps,
Commissioner, Administration for Native Americans.
[FR Doc. 04-4304 Filed 2-26-04; 8:45 am]
BILLING CODE 4184-01-P