[Federal Register Volume 72, Number 4 (Monday, January 8, 2007)]
[Notices]
[Pages 760-763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22626]


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DEPARTMENT OF EDUCATION

[CFDA No. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
(SIP), American Indian Tribally Controlled Colleges and Universities 
(TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH) 
and Developing Hispanic-Serving Institutions (HSI) Programs Notice 
Inviting Applications for Designation as Eligible Institutions To Apply 
for New Awards Under Title III and Title V for Fiscal Year (FY) 2007

    Purpose of Programs: Under the SIP, TCCU, and ANNH programs, (Title 
III, Part A programs) authorized under Part A of Title III of the 
Higher Education Act of 1965, as amended (HEA), institutions of higher 
education (IHEs or institutions) are eligible to apply for grants if 
they meet specific statutory and regulatory eligibility requirements. 
Similarly, IHEs are eligible to apply for grants under the HSI program, 
authorized under Title V of the HEA, if they meet specific statutory 
and regulatory requirements. In addition, an institution that is 
designated as an eligible institution under those programs may also 
receive a waiver of certain non-Federal cost-share requirements under 
the Federal Supplemental Educational Opportunity Grant (FSEOG), the 
Federal Work Study (FWS), the Student Support Services (SSS) and the 
Undergraduate International Studies and Foreign Language (UISFL) 
programs. The FSEOG, FWS, and SSS programs are authorized under Title 
IV of the HEA; the UISFL program is authorized under Title VI of the 
HEA.
    Qualified institutions may receive these waivers even if they are 
not recipients of grant funds under the Title III, Part A programs or 
the HSI program.


    Special Note: To qualify as an eligible institution under the 
Title III, Part A programs or the HSI program, your institution must 
satisfy several criteria, including one related to needy student 
enrollment and one related to average educational and general (E&G) 
expenditures for a particular base year. The most recent data 
available for E&G expenditures are for base year 2004-2005. In order 
to award FY 2007 grants in a timely manner, we will use the most 
recent data available. Therefore, we use E&G expenditure threshold 
data from the base year 2004-2005. In completing your eligibility 
application, please use E&G expenditure data from the base year 
2004-2005.


    If you are designated as an eligible institution and you do not 
receive a new Title III or Title V award in FY 2007, your eligibility 
for the non-Federal cost-share waiver under the FSEOG, the FWS, the 
SSS, and the UISFL programs is valid for five consecutive years. You 
will not need to reapply for eligibility until 2012, unless you wish to 
apply for a new Title III or Title V grant. All institutions (including 
those designated as TCCU and ANNH institutions) that are not designated 
as eligible institutions and are interested in applying for a FY 2007 
new grant or requesting a waiver of the non-Federal cost share, must 
apply for eligibility designation in FY 2007.
    Eligible Applicants: To qualify as an eligible institution under 
the Title III, Part A programs or the HSI program, an accredited 
institution must, among other requirements, have an enrollment of needy 
students, and its average E&G expenditures per full-time equivalent 
(FTE) undergraduate student must be low in comparison with the average 
E&G expenditures per FTE undergraduate student of institutions that 
offer similar instruction.
    The complete eligibility requirements for the Title III, Part A 
programs are found in 34 CFR 607.2 through 607.5. These regulations may 
be accessed at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The complete eligibility requirements for the HSI program are found 
in 34 CFR 606.2 through 34 CFR 606.5. These

[[Page 761]]

regulations may be accessed at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students if 
(1) At least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, and Federal Perkins Loan programs; or (2) the 
percentage of its undergraduate degree students who were enrolled on at 
least a half-time basis and received Federal Pell Grants exceeded the 
median percentage of undergraduate degree students who were enrolled on 
at least a half-time basis and received Federal Pell Grants at 
comparable institutions that offered similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2004-2005 must be more than the 
median for its category of comparable institutions provided in the 
table in this notice.
    Educational and General Expenditures Per FTE Student: An 
institution should compare its 2004-2005 average E&G expenditures per 
FTE student to the average E&G expenditure per FTE student for its 
category of comparable institutions contained in the table in this 
notice. If the institution's average E&G expenditures for the 2004-2005 
base year are less than the average for its category of comparable 
institutions, the institution meets this eligibility requirement.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2004-2005 and the relevant average 
E&G expenditures per FTE student for the base year 2004-2005 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                                             2004-2005
                                             2004-2005      Average E&G
           Type of institution              Median Pell    expenditures
                                               Grant          per FTE
                                            percentage        student
------------------------------------------------------------------------
2-year Public Institutions..............            25.6          $9,320
2-year Non-profit Private Institutions..            39.7          20,782
4-year Public Institutions..............            25.8          23,553
4-year Non-profit Private Institutions..            26.9          37,105
------------------------------------------------------------------------

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

                      2004 Annual Low-Income Levels
 
------------------------------------------------------------------------
                                     Family
                                   income for
                                     the 48        Family       Family
      Size of family unit          contiguous    income for   income for
                                  states, DC,      Alaska       Hawaii
                                  and outlying
                                 jurisdictions
------------------------------------------------------------------------
1..............................       $13,965       $17,445      $16,050
2..............................        18,735        23,415       21,540
3..............................        23,505        29,385       27,030
4..............................        28,275        35,355       32,520
5..............................        33,045        41,325       38,010
6..............................        37,815        47,295       43,500
7..............................        42,585        53,265       48,990
8..............................        47,355        59,235       54,480
------------------------------------------------------------------------


    Note: The 2004 annual low-income levels are being used because 
those are the amounts that apply to the family income reported by 
students enrolled for the Fall 2004 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $4,770 for the contiguous 48 States, the 
District of Columbia and outlying jurisdictions; $5,970 for Alaska; 
and $5,490 for Hawaii.


    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the Census for determining poverty status. The poverty guidelines 
were published by the U.S. Department of Health and Human Services in 
the Federal Register on February 13, 2004 (69 FR 7336).

[[Page 762]]

    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999 publication, order number PB99-
501538, from the National Technical Information Service, Document 
Sales, 5285 Port Royal Road, Springfield, Virginia 22161, telephone 
number 1-800-553-6847. There is a charge for this publication.
    Applications Available: January 8, 2007.
    Deadline for Transmittal of Applications: March 9, 2007 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2007 new grant under the Title III, Part A programs or the HSI 
program; and April 30, 2007 for an applicant institution that wishes to 
apply only for cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL 
programs.
    Electronic Submission of Applications:
    Applications for designation of eligibility must be submitted 
electronically using the following Web site: http://webprod.cbmiweb.com/Title3and5/index.html. To enter the Web site, you 
must use your institution's unique 8-digit identifier, i.e., your 
Office of Postsecondary Education Identification Number (OPE ID 
number). Your business office or student financial aid office should 
have the OPE ID Number. If they do not, contact the Department, using 
the e-mail addresses of the contact persons listed in this notice under 
For Applications and Further Information Contact.
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2007'' link at either of 
the following Web sites: http://www.ed.gov/programs/iduestitle3a.index.html or http://www.ed.gov/hsi.
    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of those requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the following Web site: 
http://webprod.cbmiweb.com/Title3and5/index.html. Exception to 
Electronic Submission Requirement: You may qualify for an exception to 
the electronic submission requirement, and may submit your application 
in paper format, if you are unable to submit an application 
electronically because--
     You do not have access to the Internet; or
     You do not have the capacity to upload documents to the 
Web site; and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date falls on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no later than two weeks before the application deadline date.
    Address and mail or fax your statement to: Dr. Maria Carrington, 
U.S. Department of Education, 1990 K Street, NW., room 6033, 
Washington, DC 20006-8513. Fax: (202) 502-7861.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    Submission of Paper Applications by Mail.
    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier), your application to the Department. You must mail 
the application, on or before the application deadline date, to the 
Department at the following address:
    By mail through the U.S. Postal Service or commercial carrier: Dr. 
Maria Carrington, U.S. Department of Education, 1990 K Street, NW., 
Room 6033, Washington, DC 20006-8513.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.


    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.


    Submission of Paper Applications by Hand Delivery.
    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the 
application, on or before the application deadline date, to the 
Department at the following address: Dr. Maria Carrington, U.S. 
Department of Education, 1990 K Street, NW., Room 6033, Washington, DC 
20006-8513.
    Hand delivered applications will be accepted daily between 8 a.m. 
and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and 
Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 
86, 97, 98, and 99. (b) The regulations for the Title III, Part A 
programs in 34 CFR part 607, and for the HSI program in 34 CFR part 
606.
    For Applications And Further Information Contact: Imogene Byers, 
Kelley Harris, or Carnisia Proctor, Institutional Development and 
Undergraduate Education Service, U.S. Department of Education, 1990 K 
Street, NW., room 6033, Request for Eligibility Designation, 
Washington, DC 20202-8513.
    You may contact these individuals at the following e-mail addresses 
or phone numbers:
    [email protected]--202-502-7672.
    [email protected]--202-219-7083.
    [email protected]--202-502-7606.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audio tape, or computer 
diskette) on request to the contact persons listed in this section.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format by contacting the persons listed in 
this section.
    Electronic Access to This Document:
    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/fedregister.
    To use PDF, you must have Adobe Acrobat Reader, which is available 
free

[[Page 763]]

at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO) toll free, at 1-888-293-6498; or in 
the Washington, DC area at (202) 512-1530.


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

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

    Dated: December 29, 2006.
James F. Manning,
Delegated the Authority of Assistant Secretary for Postsecondary 
Education.
 [FR Doc. E6-22626 Filed 1-5-07; 8:45 am]
BILLING CODE 4000-01-P