[Federal Register Volume 70, Number 244 (Wednesday, December 21, 2005)]
[Notices]
[Pages 75821-75823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-7592]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families


Native American Programs

AGENCY: Administration for Native Americans (ANA).

ACTION: Notice of Final Issuance ANA Program Policies and Procedures.

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SUMMARY: Pursuant to section 814 of the Native American Programs Act of 
1974 (the Act) as amended by 42 U.S.C. 2991 et seq., ANA herein 
describes its issuance of final interpretive rules, general statements 
of policy and rules of agency procedure or practice in relation to the 
Social and Economic Development Strategies (SEDS), Native Language 
Preservation and Maintenance (hereinafter referred to as Native 
Language), Environmental Regulatory Enhancement (hereinafter referred 
to as Environmental), Environmental Mitigation (hereinafter referred to 
as Mitigation) programs and any Special Initiatives. Under the statute, 
ANA is required to provide members of the public an opportunity to 
comment on proposed changes in interpretive rules, statements of 
general policy and rules of agency procedure or practice and to give 
notice of the final adoption of such changes at least thirty (30) days 
before the changes become effective. The notice also provides 
additional information about ANA's plan for administering the programs.

FOR FURTHER INFORMATION CONTACT: Sheila K. Cooper, Director of Program 
Operations, toll-free at (877) 922-9262.

SUPPLEMENTARY INFORMATION: Section 814 of the Native American Programs 
Act of 1974, as amended, requires ANA to provide notice of its proposed 
interpretive rules, statements of policy and rules of agency 
organization, procedure or practice. In accordance with statute, these 
clarifications, modifications and new text will appear in the ANA FY06 
Program Announcements (PAs) for SEDS, Native Language, Environmental, 
Mitigation and SEDS Special Initiatives. This notice serves to fulfill 
this requirement.
    Additional Information: ANA received one public comment from a 
Federally recognized Tribe. The commenter provided a comment on the 
electronic application submission topic and general comments that ANA 
will respond to under separate correspondence that do not address the 
Notice of Public Comment (NOPC). The following NOPC items will be 
considered as the final FY06 ANA

[[Page 75822]]

interpretive rules, statements of policy and rules of agency 
organization, procedure or practice.

I. Environmental Regulatory Enhancement

ANA Evaluation Criteria

    Project Approach: In an effort to adhere to the Congressional 
intent of the legislation and to clarify the program purpose that has 
historically prompted numerous questions and created application and 
project development inconsistencies, ANA will now request the following 
information from applicants to be addressed within the ANA evaluation 
criterion:
    Applicants are required to describe a land base or other resource, 
i.e., river or body of water, over which they exercise jurisdiction to 
implement Tribal regulation of environmental quality.

II. Definitions

    The following definition will be used in the appropriate program-
specific FY06 PAs. ANA has clarified many areas that applicants have 
historically found difficult to understand and that have previously 
prompted numerous questions and created application and project 
development inconsistencies. The ANA PAs will now include an additional 
definition for the following term:
    Logic Model: A logic model is a systematic and visual way to 
present and share your understanding of the relationships among the 
resources you have to operate your program, the activities you plan and 
the changes or results you hope to achieve.

III. Impact Monitoring

    Section 811(a)(1) of the Act requires that the Commissioner provide 
for the evaluation of projects assisted under this title, including 
evaluations that describe and measure the impact of such projects, 
their effectiveness in achieving stated goals, their impact on related 
programs and their structure and mechanisms for delivery of services. 
Section 811(a)2 of the Act requires that ANA evaluate projects awarded 
under the Act not less frequently than once every third year. ANA will 
consider (1) geographic location; (2) grant award amount; and (3) 
length of project period, when selecting projects for evaluation. 
Grantees will be given a notification of ANA's intent to review thirty 
(30) days prior to the on-site evaluation. Evaluations shall be 
conducted by persons not directly involved in the administration of the 
project evaluated.
    In FY03 ANA began a process to enhance its capacity to conduct 
program monitoring and evaluation. This process allows ANA to monitor 
the completion of applicant project goals, the use of Federal funds, 
and the applicant's success in accomplishing its project mission. The 
process includes improving ANA's capacity through enhanced information 
technology systems to track performance-based indicators such as jobs, 
project outcomes and community impacts. Each applicant for ANA funding 
must propose a stand-alone project that will be completed or self-
sustained by the end of the grant term, and must have measurable 
results. (See Notice of Public Comment on the Proposed Adoption of ANA 
Program Policies and Procedures: 68 FR 64686; November 14, 2003.)
    Performance indicators have been introduced as application criteria 
and are measurement descriptions used to identify outcomes or results 
of the project. Outcomes or results must be measurable to determine 
that the project achieved its desired objective and can be 
independently verified through monitoring and evaluation. (Legal 
authority: Sections 803(a) and (d) and 803C of the Native American 
Programs Act of 1974 as amended by 42 U.S.C. 2991b and 2991b-3.) (See 
Notice of Public Comment on the Adoption of Impact Indicators: 70 FR 
6686 February 8, 2005.)
    In addition, ANA Training and Technical Assistance (T/TA) providers 
will be performing on-site technical assistance visits for those 
grantees identified as potentially at-risk for project implementation.

IV. Training and Technical Assistance On-Site Activity

    45 CFR 74.51(g) and 92.40(e) allow Department of Health and Human 
Services staff or representatives to conduct on-site monitoring of 
grantees as warranted by program needs. Based on the authority 
provided, on-site monitoring and evaluation is necessary to determine 
if the amount awarded is a productive and effective use of funds and 
serves the community's needs. When determined as appropriate, ANA's T/
TA providers will conduct an on-site visit to validate progress and 
outcomes proposed by the grantee to ensure project integrity and to 
offer technical assistance and guidance to support project activities. 
Such instances when an on-site visit is deemed appropriate are: Non-
submission or untimely progress reporting; delayed start in project 
implementation; inconsistent Federal funds draw-downs in relation to 
approved work plan; or other grant/project management concerns.
    In the case of a multi-year grant, this activity will help ANA 
determine if continued funding is justified. In addition, 45 CFR 
1336.40 requires that progress reports and continuation applications 
from ANA grantees contain sufficient information for ANA to determine 
the extent to which the recipient satisfies ANA project evaluation 
standards. Sufficient information means information adequate to enable 
ANA to compare the recipient's accomplishments with the goals and 
activities of the grantee's approved work plan and with ANA project 
evaluation criteria. Grantees identified as potentially at-risk for 
project implementation will receive an on-site visit by one of ANA's T/
TA providers. In collaboration, the T/TA provider and the grantee will 
identify challenges or barriers to the project and develop a plan to 
bring the project into compliance with its approved Objective Work 
Plan. On-site visits shall be conducted by persons not directly 
involved in the administration of the project.

V. Electronic Application Submission

    Pursuant to the Federal Financial Assistance Management Improvement 
Act (Pub. L. 106-107), HHS is improving the efficiency and coordination 
of its grant-making processes by participating in the Federal 
Government's Grant Streamlining Initiative. For all FY06 competitions, 
ANA will participate in the Grants.gov process, which allows applicants 
the opportunity to submit applications electronically. Applicants are 
not required to submit electronically and can still submit hard copy 
applications. The applicant is responsible for ensuring on-time 
electronic submission is fully achieved. The following activities and 
application submission requirements will become effective in FY06:
     ANA will no longer publish PAs in the Federal Register. 
Official ANA PAs will be posted on the Grants.gov Web site. PAs will 
also be posted on the ANA Web site and on the ANA T/TA providers' Web 
sites.
     Due to limitations on the number of times the Objective 
Work Plan form can be replicated within the Grants.gov system, 
applicants will be limited to no more than six (6) project objectives 
per budget period. This limitation applies to all applicants regardless 
of type of submission format: Hard copy or electronic submission.

Comment and Response

    Discussion on Comment: The commenter recommended that ANA

[[Page 75823]]

monitor the electronic grants process of another Federal agency in 
order to ensure that the ACF process proceeds in an efficient and 
timely manner.
    Response: ANA, in compliance with Public Law 106-107, must offer an 
electronic grants submission venue; however, the public is not required 
to submit grant applications via the Grants.gov system. ANA will 
monitor the electronic submission process for ANA grant applications 
through the Grants.gov system throughout the upcoming fiscal year.

VI. Environmental Mitigation

    ANA received pass-through funds from the Department of Defense for 
Tribes and Tribal organizations to offset the effects of military 
actions at Formerly Used Defense Sites (FUDS). ANA will announce the 
availability of these funds in FY06. A request for financial assistance 
in this program area does not require a non-Federal share match 
requirement.

VII. SEDS Special Initiatives

    ANA has the discretionary authority to make awards in support of 
special initiatives, including but not limited to, healthy marriage and 
relationships, fatherhood, positive youth development and emergency 
support to Native communities affected by man-made or natural 
disasters. In FY06, ANA will announce the availability of funding for 
special initiatives when practicable. A request for financial 
assistance for any of the special initiatives will require a non-
Federal share match requirement.

VIII. Post Award Training

    ANA, through contracted services, conducts regional post award 
training. Past practice has been to provide funding to new grantees for 
attendance at this training in order to provide additional assistance 
and information on managing a Federal award. In FY06, ANA will require 
all applicants to include in their Federal budget request the costs 
associated for the proposed project's finance person and the project 
manager to attend this regional training. It is determined that due to 
many reasons, largely grantee staff turnover, every grantee receiving 
an ANA award will benefit from the information provided at post award 
training; therefore, the expense is considered reasonable for all 
applicants to include in their budget request and also reflect in the 
activity in their Objective Work Plans.

IX. ANA Administrative Policy

    The following policy will be used in all FY06 PAs. ANA has 
clarified many areas that applicants have historically found difficult 
to understand and that have previously prompted numerous questions and 
created application and project development inconsistencies. The ANA 
PAs will now include this clarified policy:
     If the applicant, other than a Tribe or an Alaska Native 
Village government, is proposing a project benefiting Native Americans, 
Alaska Natives, or both, it must provide assurance that its duly 
elected or appointed board of directors is representative of the 
community to be served. An applicant's governing board will be 
considered representative of the community to be served if the 
applicant demonstrates that at least a majority of the board 
individuals fall into one or more of the following categories: (1) A 
current or past member of the community to be served; (2) a prospective 
participant or beneficiary of the project to be funded; (3) have 
experience working with the community to be served by the project; or 
(4) have a cultural relationship with the community be to served.

    Dated: December 14, 2005.
Quanah Crossland Stamps,
Commissioner, Administration for Native Americans.
 [FR Doc. E5-7592 Filed 12-20-05; 8:45 am]
BILLING CODE 4184-01-P