[Federal Register Volume 85, Number 247 (Wednesday, December 23, 2020)]
[Notices]
[Pages 83918-83922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28541]


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DEPARTMENT OF EDUCATION


Applications for New Awards; American Indian Vocational 
Rehabilitation Services

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for American Indian 
Vocational Rehabilitation Services (AIVRS)--Assistance Listing Number 
84.250N--to partner with Indian Tribes in providing eligible American 
Indians with disabilities with vocational rehabilitation (VR) services. 
This notice relates to the approved information collection under OMB 
control number 1820-0018.

DATES: Applications Available: December 23, 2020.
    Deadline for Transmittal of Applications: April 22, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768) and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf.

FOR FURTHER INFORMATION CONTACT: August Martin, U.S. Department of 
Education, 400 Maryland Avenue SW, room 5064A, Potomac Center Plaza, 
Washington, DC 20202-2800. Telephone: (202) 245-7410. Email: 
[email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

[[Page 83919]]

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of this program is to provide VR 
services, including culturally appropriate services, to American 
Indians with disabilities who reside on or near Federal or State 
reservations, consistent with such eligible individual's strengths, 
resources, priorities, concerns, abilities, capabilities, interests, 
and informed choice, so that such individual may prepare for, and 
engage in, high-quality employment that will increase opportunities for 
economic self-sufficiency.
    Priority: In accordance with 34 CFR 75.105(b)(2)(iv), this priority 
is from section 121(b)(4) of the Rehabilitation Act of 1973, as amended 
(Rehabilitation Act) (29 U.S.C. 741(b)(4)).
    Competitive Preference Priority: For FY 2021, and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award an additional five 
points to an application that meets this priority.
    This priority is:
    Continuation of Previously Funded Tribal Programs.
    In making new awards under this program, we give priority to 
applications for the continuation of programs that have been funded 
under the AIVRS program.
    Program Authority: 29 U.S.C. 741.
    Note: Projects must be awarded and operated in a manner consistent 
with the nondiscrimination requirements contained in the U.S. 
Constitution and the Federal civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, and 84. (b) 
The Office of Management and Budget Guidelines to Agencies on 
Governmentwide Debarment and Suspension (Nonprocurement) in 2 CFR part 
180, as adopted and amended as regulations of the Department in 2 CFR 
part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474. (d) The regulations for this program in 34 CFR part 371.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration intends to use 
approximately $27,086,128 for new awards for this program for FY 2021. 
The actual level of funding, if any, depends on final congressional 
action. However, we are inviting applications to allow enough time to 
complete the grant process if Congress appropriates funds for this 
program.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in subsequent years from 
the list of unfunded applications from this competition.
    Estimated Range of Awards: $300,000-$630,000.
    Estimated Average Size of Awards: $531,100.
    Estimated Number of Awards: 51.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 60 months.

III. Eligibility Information

    1. Eligible Applicants: Applications may be made only by Indian 
Tribes (and consortia of those Indian Tribes) located on Federal and 
State reservations. The definition of ``Indian Tribe'' in section 
7(19)(B) of the Rehabilitation Act is ``any Federal or State Indian 
tribe, band, rancheria, pueblo, colony, or community, including any 
Alaskan native village or regional village corporation (as defined in 
or established pursuant to the Alaska Native Claims Settlement Act) and 
a tribal organization (as defined in section 4(1) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b(1)).''
    ``Reservation'' is defined in 34 CFR 371.6 as ``a Federal or State 
Indian reservation, public domain Indian allotment, former Indian 
reservation in Oklahoma, land held by incorporated Native groups, 
regional corporations and village corporations under the provisions of 
the Alaska Native Claims Settlement Act; or a defined area of land 
recognized by a State or the Federal Government where there is a 
concentration of tribal members and on which the tribal government is 
providing structured activities and services.''
    The applicant for an AIVRS grant must be--
    (1) The governing body of an Indian Tribe, either on behalf of the 
Indian Tribe or on behalf of a consortium of Indian Tribes; or
    (2) A Tribal organization that is a separate legal organization 
from an Indian Tribe.
    To receive an AIVRS grant, a Tribal organization that is not a 
governing body of an Indian Tribe must--
    (1) Have as one of its functions the vocational rehabilitation of 
American Indians with disabilities; and
    (2) Have the approval of the Tribe to be served by such 
organization.
    If a grant is made to the governing body of an Indian Tribe, either 
on its own behalf or on behalf of a consortium, or to a Tribal 
organization to perform services benefiting more than one Indian Tribe, 
the approval of each such Indian Tribe shall be a prerequisite to the 
making of such a grant.
    2. a. Cost Sharing or Matching: Cost sharing is required by section 
121(a) of the Rehabilitation Act and 34 CFR 371.40 at 10 percent of the 
total cost of the project.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. Applicants for this program are the 
governing bodies of Indian Tribes (or consortia of governing bodies) 
and have negotiated indirect cost rate agreements with a cognizant 
agency if indirect costs will be charged to the grant. For more 
information regarding indirect costs, or to obtain a negotiated 
indirect cost rate, please see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: This program does not include 
any program-specific limitation on administrative expenses. All 
administrative expenses must be reasonable and necessary and conform to 
Cost Principles described in 2 CFR part 200, subpart E, of the Uniform 
Guidance.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application. While subgrants are not permitted, under 
34 CFR 371.42(a), grantees are permitted to provide the VR services by 
contract or otherwise enter into an agreement with a designated State 
unit (DSU), a community rehabilitation program, or another agency to 
assist in the implementation of the Tribal VR program, as long as such 
contract or agreement is identified in the application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Intergovernmental Review: This competition is not subject to 
Executive

[[Page 83920]]

Order 12372 and the regulations in 34 CFR part 79.
    3. Funding Restrictions: We reference regulations outlining funding 
restrictions in the Applicable Regulations section of this notice.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210, have a maximum score of 100 points, and are as 
follows:
    (a) Need for Project and Significance (10 Points): The Secretary 
considers the need for and significance of the proposed project. In 
determining the need for and significance of the proposed project, the 
Secretary considers the following factors:
    (1) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project.
    (2) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses.
    (3) The potential contribution of the proposed project to increased 
knowledge or understanding of rehabilitation problems, issues, or 
effective strategies.
    (4) The extent to which the proposed project is likely to build 
local capacity to provide, improve, or expand services that address the 
needs of the target population.
    (b) Quality of the Project Design (20 Points):
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the goals, objectives, and outcomes to be 
achieved by the proposed project are clearly specified and measurable.
    (2) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs.
    (3) The extent to which the proposed project will establish 
linkages with other appropriate agencies and organizations providing 
services to the target population.
    (c) Quality of Project Services (20 Points):
    The Secretary considers the quality of the services to be provided 
by the proposed project. In determining the quality of the services to 
be provided by the proposed project, the Secretary considers the 
quality and sufficiency of strategies for ensuring equal access and 
treatment for eligible project participants who are members of groups 
that have traditionally been underrepresented based on race, color, 
national origin, gender, age, or disability.
    In addition, the Secretary considers the following factors:
    (1) The extent to which the services to be provided by the proposed 
project are appropriate to the needs of the intended recipients or 
beneficiaries of those services.
    (2) The likely impact of the services to be provided by the 
proposed project on the intended recipients of those services.
    (3) The extent to which the services to be provided by the proposed 
project involve the collaboration of appropriate partners for 
maximizing the effectiveness of project services.
    (d) Quality of Project Personnel (15 Points):
    In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability.
    In addition, the Secretary considers the qualifications, including 
relevant training and experience, of key project personnel.
    (e) Adequacy of Resources (10 Points):
    The Secretary considers the adequacy of resources for the proposed 
project. In determining the adequacy of resources for the proposed 
project, the Secretary considers the following factors:
    (1) The adequacy of support, including facilities, equipment, 
supplies, and other resources, from the applicant organization or the 
lead applicant organization.
    (2) The extent to which the costs are reasonable in relation to the 
objectives, design, and potential significance of the proposed project.
    (3) The extent to which the costs are reasonable in relation to the 
number of persons to be served and to the anticipated results and 
benefits.
    (f) Quality of the Management Plan (15 Points):
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks.
    (2) The adequacy of procedures for ensuring feedback and continuous 
improvement in the operation of the proposed project.
    (3) The extent to which the time commitments of the project 
director and principal investigator and other key project personnel are 
appropriate and adequate to meet the objectives of the proposed 
project.
    (g) Quality of the Project Evaluation (10 Points):
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the following factors:
    (1) The extent to which the methods of evaluation are thorough, 
feasible, and appropriate to the goals, objectives, and outcomes of the 
proposed project.
    (2) The extent to which the methods of evaluation include the use 
of objective performance measures that are clearly related to the 
intended outcomes of the project and will produce quantitative and 
qualitative data to the extent possible.
    (3) The extent to which the methods of evaluation will provide 
performance feedback and permit periodic assessment of progress toward 
achieving intended outcomes.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).
    Applicants for the AIVRS program must provide evidence regarding 
the following special application requirements in 34 CFR 371.21(a)-(k). 
The application package includes a Special Application Requirements 
form in Section D that must be completed. An application is not 
complete without the Special Application Requirements form and will not 
be considered for review

[[Page 83921]]

without that completed form submitted by the applicant. These 
requirements are:
    (a) Effort will be made to provide a broad scope of vocational 
rehabilitation services in a manner and at a level of quality at least 
comparable to those services provided by the designated State unit.
    (b) All decisions affecting eligibility for vocational 
rehabilitation services, the nature and scope of available vocational 
rehabilitation services and the provision of such services will be made 
by a representative of the Tribal vocational rehabilitation program 
funded through this grant and such decisions will not be delegated to 
another agency or individual.
    (c) Priority in the delivery of vocational rehabilitation services 
will be given to those American Indians with disabilities who are the 
most significantly disabled.
    (d) An order of selection of individuals with disabilities to be 
served under the program will be specified if services cannot be 
provided to all eligible American Indians with disabilities who apply.
    (e) All vocational rehabilitation services will be provided 
according to an individualized plan for employment which has been 
developed jointly by the representative of the Tribal vocational 
rehabilitation program and each American Indian with disabilities being 
served.
    (f) American Indians with disabilities living on or near Federal or 
State reservations where Tribal vocational rehabilitation service 
programs are being carried out under this part will have an opportunity 
to participate in matters of general policy development and 
implementation affecting vocational rehabilitation service delivery by 
the Tribal vocational rehabilitation program.
    (g) Cooperative working arrangements will be developed with the 
DSU, or DSUs, as appropriate, which are providing vocational 
rehabilitation services to other individuals with disabilities who 
reside in the State or States being served.
    (h) Any comparable services and benefits available to American 
Indians with disabilities under any other program, which might meet in 
whole or in part the cost of any vocational rehabilitation service, 
will be fully considered in the provision of vocational rehabilitation 
services.
    (i) Any American Indian with disabilities who is an applicant or 
recipient of services, and who is dissatisfied with a determination 
made by a representative of the Tribal vocational rehabilitation 
program and files a request for a review, will be afforded a review 
under procedures developed by the grantee comparable to those under the 
provisions of section 102(c)(1)-(5) and (7) of the Rehabilitation Act.
    (j) The Tribal vocational rehabilitation program funded under this 
part must assure that any facility used in connection with the delivery 
of vocational rehabilitation services meets facility and program 
accessibility requirements consistent with the requirements, as 
applicable, of the Architectural Barriers Act of 1968, the Americans 
with Disabilities Act of 1990, section 504 of the Rehabilitation Act, 
and the regulations implementing these laws.
    (k) The Tribal vocational rehabilitation program funded under this 
part must ensure that providers of vocational rehabilitation services 
are able to communicate in the native language of, or by using an 
appropriate mode of communication with, applicants and eligible 
individuals who have limited English proficiency, unless it is clearly 
not feasible to do so.
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.205(a)(2) we must make a judgment about your 
integrity, business ethics, and record of performance under Federal 
awards--that is, the risk posed by you as an applicant--before we make 
an award. In doing so, we must consider any information about you that 
is in the integrity and performance system (currently referred to as 
the Federal Awardee Performance and Integrity Information System 
(FAPIIS)), accessible through the System for Award Management. You may 
review and comment on any information about yourself that a Federal 
agency previously entered and that is currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
you must ensure that you have in place the

[[Page 83922]]

necessary processes and systems to comply with the reporting 
requirements in 2 CFR part 170 should you receive funding under the 
competition. This does not apply if you have an exception under 2 CFR 
170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    5. Performance Measures: For the purposes of the Government 
Performance and Results Act of 1993 (GPRA), and reporting under 34 CFR 
75.110, the Department has established four performance measures for 
the AIVRS program. The measures are:
    (a) Of all those exiting the program, the percentage of individuals 
who leave the program with an employment outcome after receiving 
services under an individualized plan for employment (IPE).
    (b)(1) The percentage of individuals who leave the program with an 
employment outcome after receiving services under an IPE.
    (2) The percentage of individuals who leave the program without an 
employment outcome after receiving services under an IPE.
    (3) The percentage of individuals who have not left the program and 
are continuing to receive services under an IPE.
    (c) The percentage of projects that demonstrate an average annual 
cost per employment outcome of no more than $35,000.
    (d) The percentage of projects that demonstrate an average annual 
cost of services per participant of no more than $10,000.
    Each grantee must annually report the data needed to measure its 
performance on the GPRA measures through the Annual Performance 
Reporting Form (APR Form) for the AIVRS program.
    Note: For purposes of this section, the term ``employment outcome'' 
means, with respect to an individual, (a) entering or retaining full-
time or, if appropriate, part-time competitive employment in the 
integrated labor market; (b) satisfying the vocational outcome of 
supported employment; or (c) satisfying any other vocational outcome 
the Secretary of Education may determine to be appropriate (including 
satisfying the vocational outcome of customized employment, self-
employment, telecommuting, or business ownership). (Section 7(11) of 
the Rehabilitation Act (29 U.S.C. 705(11)).
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and, if the 
Secretary has established performance measurement requirements, the 
performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format.
    The Department will provide the requestor with an accessible format 
that may include Rich Text Format (RTF) or text format (txt), a thumb 
drive, an MP3 file, braille, large print, audiotape, or compact disc, 
or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (PDF). To 
use PDF you must have Adobe Acrobat Reader, which is available free at 
the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Mark Schultz,
Delegated the Authority to Perform the Functions and Duties of the 
Assistant Secretary for the Office of Special Education and 
Rehabilitative Services.
[FR Doc. 2020-28541 Filed 12-21-20; 4:15 pm]
BILLING CODE 4000-01-P