[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Notices]
[Pages 67355-67356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-9281]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES


Administration for Children and Families Notice of Public Comment 
on the Proposed Adoption of ANA Program Policies and Procedures

AGENCY: Administration for Native Americans (ANA), HHS.
SUMMARY: Pursuant to section 814 of the Native American Programs Act of 
1974 (the Act) 42 U.S.C. 2992b-1, ANA herein describes its proposed 
interpretive rules, statements of general policy and rules of agency 
procedure or practice in relation to the Social and Economic 
Development Strategies (hereinafter referred to as 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), Improving the Well-Being of Children--
Native American Healthy Marriage Initiative (hereinafter referred to as 
Healthy Marriage) 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. This Notice also 
provides additional information about ANA's plan for administering the 
programs.

DATES: The deadline for receipt of comments is thirty (30) days from 
the date of publication in the Federal Register.

ADDRESSES: Comments in response to this Notice should be addressed to 
Sheila K. Cooper, Director of Program Operations, Administration for 
Native Americans, 370 L'Enfant Promenade, SW., Mail Stop: Aerospace 8-
West, Washington, DC 20447. Delays may occur in mail delivery to 
Federal offices; therefore, a copy of comments should be faxed to (202) 
690-7441. Comments will be available for inspection by members of the 
public at the Administration for Native Americans, Aerospace Center, 
901 D Street, SW., Washington, DC 20024.

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 general policy and rules of agency 
procedure or practice. These proposed clarifications, modifications and 
new text will appear in the ANA FY 2006 Program Announcements (PAs): 
SEDS, Native Language, Environmental, Mitigation, Healthy Marriage and 
Special Initiatives. This Notice serves to fulfill this requirement.

Additional Information

I. Objective Progress Report (OPR) Form

    ANA has updated the OPR form to capture grantee project information 
that is needed in order to make a determination that the project is 
progressing as planned. The quarterly report will be used to support a 
request for additional technical assistance, should the need exist. 
Quarterly reporting has been a requirement for ANA grantees since FY 
2005 and the new format will yield uniform data. The new format has 
been submitted for Office of Management and Budget approval and will be 
a requirement beginning January 2007. (Legal authority: Section 803B of 
the Native American Programs Act of 1974, as amended, 42 U.S.C. 2991B-
2.)

II. Native Language Preservation and Maintenance

    ANA Categories: In an effort to adhere to the Congressional intent 
of the legislation and to clarify the Native Language program in 
response to the needs of Native communities, ANA is creating a marked 
separation of the longstanding Category I: Assessment and Category II: 
Planning and/or

[[Page 67356]]

Implementation. ANA is proposing three distinct priority areas within 
the Native Language program area. The proposed categories are:
    Category I: Language Assessment will remain as a 12-month project 
period with the primary activity of assessing the current status of the 
Native Language for the identified Native community.
    Category II: Language Project Planning will have up to 24-month 
project period with the primary activity of planning a Native Language 
project for the Native community to be impacted by the project.
    Category III: Language Project Implementation will have up to a 36-
month project period to support such activities consistent with 
legislative and regulatory requirements.
    An award in Categories II and III is not contingent upon having 
received previous funding from ANA for language preservation and 
maintenance; however, current language-assessment data and language-
delivery methods will need to be provided. (Legal authority: Section 
803(a) and (d) and 803C of the Native Americans Programs Act of 1974, 
as amended, 42 U.S.C. 2991b and 2991b-c.

III. Application--Project Development

    During the FY 2006 competitions, ANA participated in the electronic 
application submission process. Based upon this experience, ANA has 
analyzed the submission procedure. To eliminate future concerns with 
uploading attachments, ANA has determined that all applications (hard-
copy and electronic) should be submitted with no more than three (3) 
objectives per 12-month budget period for any given competition. This 
limitation will still allow an applicant to convey adequately the 
proposed project goals, activities and results expected. (Legal 
authority: Section 803 (a) and (d) and 803C of the Native American 
Programs Act of 1974, as amended, 42 U.S.C. 2991b and 2991b-3.)

IV. Special Initiative

    Under legislative authority, ANA can provide funding for Special 
Initiatives that focus on specifically identified needs within Native 
communities. Applicants must submit projects that are responsive to the 
specific competitive program area. Last year ANA offered a specific 
program announcement to fund projects that support healthy families 
titled, Improving the Well-Being of Children--Native American Healthy 
Marriage Initiative (NAHMI). This Special Initiative will be supported 
again in FY 2007. Applicants requesting funding for these types of 
initiatives will need to submit projects under this designated Special 
Initiative competitive area only. (Legal authority: Section 803 (a) and 
(d) and 803C of the Native American Programs Act of 1974, as amended, 
42 U.S.C. 2991b and 2991b-3.

V. ANA Funding Restriction Policy

    In order to ensure that ANA manages proper fiscal responsibility in 
the dispensing of Federal funds, a list of actions and activities, 
which will not be considered as eligible activities for funding, is 
maintained. ANA has observed that projects including such contingency 
activities as permits, licenses, outside or internal certification, 
Federal or State agency approvals, or project activities that are 
contingent on the outcome of a court decision, do not complete projects 
within the approved project period. As a result of these situation, 
grantees often do not complete project objectives or expend approved 
funding. Based upon agency reviews and on-site visits, ANA will 
implement the following new funding restriction policy:

    ANA will not consider projects that contain contingency 
activities that impede or indefinitely delay the ongoing progress of 
the proposed project. Applicants must demonstrate the project 
planning considered potential contingency activities and provide 
adequate assurance that such activities will not impede the progress 
of the project. (Legal authority: Section 803 (a) and (d) and 803C 
of the Native American Programs Act of 1974, as amended, 42 U.S.C. 
2991b and 2991b-3.

    Dated: November 9, 2006.
Sheila K. Cooper,
Director of Program Operations, Administration for Native Americans.
[FR Doc. 06-9281 Filed 11-21-06; 8:45 am]
BILLING CODE 4184-01-M