[Federal Register Volume 87, Number 5 (Friday, January 7, 2022)]
[Notices]
[Pages 945-950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00059]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Office of Indian Education Formula 
Grants to Local Educational Agencies

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2022 for 
Office of Indian Education (OIE) Formula Grants to Local Educational 
Agencies, Assistance Listing Number 84.060A. This notice relates to the 
approved information collection under OMB control number 1810-0021.

DATES: Part I of Electronic Application System for Indian Education 
(EASIE) Applications Available: February 7, 2022.
    Deadline for Transmittal of EASIE Part I: March 11, 2022.
    Part II of EASIE Applications Available: April 4, 2022.
    Deadline for Transmittal of EASIE Part II: May 13, 2022.

FOR FURTHER INFORMATION CONTACT: For questions about the Formula Grants 
program, contact Dr. Crystal C. Moore, Ed.D., U.S. Department of 
Education, 400 Maryland Avenue SW, MS 6335, Washington, DC 20202-6335. 
Telephone: (202) 453-5593. Email: [email protected]. For technical 
questions about the EASIE application and uploading documentation, 
contact the Partner Support Center (PSC). Telephone: (877)457-3336. 
Email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), contact the Federal Relay Service (FRS), toll free, at 
(800)877-0996 or by email at: [email protected].

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

    Note: Applicants must meet the deadlines for both EASIE Part I and 
Part II to be eligible to receive a grant.

[[Page 946]]

Failure to submit the required supplemental documentation, described 
under Content and Form of Application Submission in section IV of this 
notice, by the EASIE Part I or II deadline will result in an incomplete 
application that will not be considered for funding. The OIE recommends 
uploading the documentation at least four days prior to each deadline 
date to ensure that any potential submission issues are resolved prior 
to the deadlines.

I. Funding Opportunity Description

    Purpose of Program: The OIE Formula Grants to Local Educational 
Agencies (Formula Grants) program provides grants to support local 
educational agencies (LEAs), Indian Tribes and organizations, and other 
eligible entities in developing and implementing elementary and 
secondary school programs that serve Indian students. These funds must 
be used to support comprehensive programs that are designed to meet the 
unique cultural, language, and educational needs of American Indian and 
Alaska Native (AI/AN) students and ensure that all students meet 
challenging State academic standards. The information gathered from the 
project's final annual performance report (APR) will be utilized to 
complete OIE's required annual Department reporting under 34 CFR 
75.110. Specifically, that report covers the Secretary's established 
key performance measures for assessing the effectiveness and efficiency 
of the Formula Grants program as detailed in this notice.

Integration of Services Authorized

    As authorized under section 6116 of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), the Secretary will, upon 
receipt of an acceptable plan for the integration of education and 
related services, and in cooperation with other relevant Federal 
agencies, authorize the entity receiving the funds under this program 
to consolidate all Federal funds that are to be used exclusively for 
Indian students. Instructions for submitting an integration of 
education and related services plan are included in EASIE, which is 
described under Application and Submission Information in section IV of 
this notice.
    Note: Under the Formula Grants program, all applicants are required 
to develop proposed projects in open consultation, including through 
public hearings held to provide a full opportunity to understand the 
program and to offer recommendations regarding the program (ESEA 
section 6114(c)(3)(C)), with parents of Indian children and teachers of 
Indian children, representatives of Indian Tribes on Indian lands 
located within 50 miles of any school that the LEA will serve if such 
Tribes have any children in such school, Indian organizations (IOs), 
and, if appropriate, Indian students from secondary schools. LEA 
applicants are required to develop proposed projects with the 
participation and written approval of an Indian Parent Committee whose 
membership includes parents and family members of Indian children in 
the LEA's schools; representatives of Indian Tribes on Indian lands 
located within 50 miles of any school that the LEA will serve if such 
Tribes have any children in such school; teachers in the schools; and, 
if appropriate, Indian students attending secondary schools of the LEA 
(ESEA section 6114(c)(4)). The majority of the Indian Parent Committee 
members must be parents and family members of Indian children (section 
6114(c)(4) of the ESEA).
    Definition: The following definition is from ESEA section 
6112(d)(3):
    Indian community-based organization (ICBO) means any organization 
that (1) is composed primarily of Indian parents, family members and 
community members, Tribal government education officials, and Tribal 
members, from a specific community; (2) assists in the social, 
cultural, and educational development of Indians in such community; (3) 
meets the unique cultural, language, and academic needs of Indian 
students; and (4) demonstrates organizational and administrative 
capacity to manage the grant.
    Statutory Hiring Preference:
    (a) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5307(b)). That 
section requires that, to the greatest extent feasible, a grantee--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to IOs and to Indian-owned economic enterprises, as 
defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 
1452(e)), preference in the award of contracts in connection with the 
administration of the grant.
    (b) For purposes of this section, an Indian is a member of any 
federally recognized Indian Tribe (25 U.S.C. 1452(b)).
    Program Authority: 20 U.S.C. 7421, et seq.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, 84, 97, 98, 
and 99. (b) The Office of Management and Budget Guidelines to Agencies 
on Governmentwide Debarment and Suspension (Non-procurement) 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.

II. Award Information

    Type of Award: Formula grants.
    Estimated Available Funds: The Administration requested 
$105,381,000 for Formula Grants to LEAs for FY 2022. 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.
    Estimated Range of Awards: $4,000 to $2,772,768.
    Estimated Average Size of Awards: $81,000.
    Estimated Number of Awards: 1,300.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: 12 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible under 
this program: Certain LEAs, as prescribed by ESEA section 6112(b), 
including charter schools authorized as LEAs under State law; certain 
schools funded by the Bureau of Indian Education of the U.S. Department 
of the Interior (BIE), as prescribed by ESEA section 6113(d); Indian 
Tribes and IOs under certain conditions, as prescribed by ESEA section 
6112(c); and ICBOs, as prescribed by ESEA section 6112(d). Consortia of 
two or more eligible entities are also eligible under certain 
circumstances, as prescribed by ESEA section 6112(a)(4).
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: ESEA Section 6114(c)(1) requires a 
grantee to use these grant funds only to supplement the funds that, in 
the absence of these Federal funds, such agency would make available 
for services described in this application, and not to supplant such 
funds.
    c. Indirect Cost Rate Information: This program uses a restricted 
indirect cost rate. For more information regarding restricted indirect 
costs, or to obtain a negotiated restricted indirect cost rate,

[[Page 947]]

please see: www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: We note that, under ESEA section 
6115(d), no more than five percent of the funds awarded for a grant may 
be used for administrative costs.

IV. Application and Submission Information

    1. How to Request an Application Package: You can obtain an entity-
specific link for the electronic application for grants under this 
program by contacting the PSC listed under FOR FURTHER INFORMATION 
CONTACT.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the PSC listed under FOR FURTHER 
INFORMATION CONTACT.
    2. Content and Form of Application Submission: (a) Requirements 
concerning the content of an application, together with the forms you 
must submit and technical assistance resources, are located on the 
EASIE Communities of Practice website at https://easie.communities.ed.gov/.
    Note: The OIE and PSC will create dedicated technical assistance 
documentation to support applicants and grantees with accessing, 
navigating, entering data, and submitting their responses into the OMB 
MAX Survey. Prior to the opening of EASIE Part I, this documentation 
will be announced and posted on the EASIE Communities of Practice 
website at: https://easie.communities.ed.gov/.
    User accounts will be replaced with an entity-specific link (also 
known as a token) to access the new EASIE application in the OMB MAX 
Survey. Only individuals that are registered as the current Point of 
Contact (POC), Project Director (PD), and/or Authorized Official 
Representative (AOR) will receive the entity-specific link to access 
the application for EASIE Part I and II. The AOR can continue to 
delegate the responsibility of completing the EASIE application in the 
new OMB MAX Survey to other entity contacts by sharing their entity-
specific link internally. The AOR is ultimately responsible for the 
review and certification of the application. Please contact the PSC 
with any questions related to this change.
    (b) Supplementary Documentation: The EASIE application requires 
submission of the following supplementary documentation in electronic 
Portable Document Format (PDF):
    (i) In EASIE Part I, applicants that are Tribes, IOs, or ICBOs must 
submit the appropriate ``Applying in Lieu of the LEA'' agreement form 
with their application to verify their eligibility no later than March 
11, 2022 (which is the closing date of EASIE Part I). Each separate 
eligibility document is identified by applicant-type as either: Tribe 
Applying in Lieu of an LEA Agreement; IO Agreement; or ICBO Agreement. 
These are available on the EASIE Communities of Practice (COP) website 
(https://easie.communities.ed.gov/) as downloadable documents. The 
details of the verification process, which are necessary to meet the 
statutory eligibility requirements for Tribes, IOs, and ICBOs, are in 
the application package.
    (ii) In EASIE Part I, an applicant that is the lead applicant for a 
consortium must use the consortium agreement form that is available on 
the Getting Started page in the EASIE COP Portal as a downloadable 
document and upload it to your EASIE application survey on the OMB MAX 
Survey portal no later than March 11, 2022.
    (iii) In EASIE Part II, for an applicant that is an LEA or a 
consortium of LEAs, the EASIE application requires the electronic PDF 
submission of the Indian Parent Committee Approval form no later than 
the deadline for transmittal of EASIE Part II, which is May 13, 2022. 
Applicants are encouraged to begin planning parent committee meetings 
early to ensure parent committee requirements are met before EASIE Part 
II closes. The form is available on the EASIE Communities of Practice 
website at https://easie.communities.ed.gov/.
    3. Submission Dates and Times:
    Part I of the Formula Grant EASIE Applications Available: February 
7, 2022.
    Deadline for Transmittal of EASIE Part I: March 11, 2022, 11:59 
p.m., Eastern Time.
    Part II of the Formula Grant EASIE Applications Available: April 4, 
2022.
    Deadline for Transmittal of EASIE Part II: May 13, 2022, 11:59 
p.m., Eastern Time.
    Submit applications for grants under this program electronically 
using EASIE located in the OMB MAX Survey portal. For information 
(including dates and times) about how to submit your application, 
please refer to Other Submission Requirements in section IV of this 
notice.
    OIE will only consider an application that is compliant with 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT. If the 
Department provides an accommodation or auxiliary aid to an individual 
with a disability in connection with the application process, the 
individual's application remains subject to all other requirements and 
limitations in this notice.
    4. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    5. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department, you must--
    a. Have a Data Universal Numbering System (DUNS)/Unique Entity 
Identification (UEI) number and a Taxpayer Identification Number (TIN);
    b. Register both your DUNS/UEI number and TIN with the System for 
Award Management (SAM), the Government's primary registrant database;
    c. Provide your DUNS/UEI number and TIN on your SAM application; 
and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a DUNS/UEI number from Dun and Bradstreet at the 
following website: http://fedgov.dnb.com/webform. A DUNS/UEI number can 
be created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter in the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS/UEI number and TIN. We 
strongly recommend that you register early.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your

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DUNS/UEI number is correct. Also note that you will need to update your 
registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS/UEI number and TIN 
in SAM or updating your existing SAM account, we have prepared a 
SAM.gov Tip Sheet, which you can find www.ed.gov/fund/grant/apply/sam-faqs.html.
    6. Other Submission Requirements:
    a. Electronic Submission of Applications.
    Electronic Application System for Indian Education (EASIE): EASIE 
is an electronic application within OMB MAX Survey using an entity-
specific link. It is divided into two parts--EASIE Part I and EASIE 
Part II.
    EASIE Part I, student count, provides the appropriate data-entry 
screens to submit verified, aggregated, Indian student count totals 
based on either the Indian School Equalization Program (ISEP) count or 
the Indian Student Eligibility Certification Form (ED 506 Form). All 
applicants must submit a current Indian student count for FY 2022. 
Applicants must use the ED 506 Form to document eligible Indian 
students; however, BIE schools may use either the ISEP count or the ED 
506 Form count to verify their Indian student counts. Applicants must 
protect the privacy of all individual data collected and only report 
aggregated data to the Secretary.
    Applicants that verify their Indian student count with the ED 506 
Form must document their Indian student counts by completing the 
following: (1) Each year, the applicant must verify there is a valid ED 
506 Form for each Indian child included in the count; (2) all ED 506 
Forms included in the count must be completed, signed, and dated by the 
parent, and be on file; (3) the applicant must maintain a copy of the 
student enrollment roster(s) covering the same period of time indicated 
in the application as the count period; and (4) each Indian child 
included in the count must be listed on the LEA's enrollment roster(s) 
for at least one day during the count period.
    BIE schools that enter an ISEP count to verify their Indian student 
count must use the most current Indian student count certified by the 
BIE.
    Once an Indian child is determined to be eligible to be counted for 
such grant award, the applicant must maintain a record of such 
determination and must not require a new or duplicate determination or 
form to be made for such child for a subsequent application for a grant 
under this program.
    Applicants must indicate the time span for the project objectives 
and corresponding activities and services for Indian students. 
Applicants can choose to set objectives that remain the same for up to 
four years to facilitate data collection and enhance long-term 
planning.
    In EASIE Part II, all applicants are required to--
    (1) Select the type of program being submitted as either regular 
formula grant program, formula grant project consolidated with a Title 
I schoolwide program, or integration of services under ESEA section 
6116;
    (2) Select the grade levels offered by the LEA or BIE school;
    (3) Identify, from a list of possible Department grant programs 
(e.g., ESEA Title I), the programs in the LEA that are currently 
coordinated with a Title VI project, or with which the school district 
plans to coordinate during the project year, in accordance with ESEA 
section 6114(c)(5), and describe the comprehensive program for Indian 
students with those grant programs;
    (4) Describe the professional development opportunities that will 
be provided as part of a comprehensive program to ensure that teachers 
and other school professionals who are new to the Indian community are 
prepared to work with Indian children, and that all teachers who will 
be involved in programs assisted by this grant have been properly 
trained to carry out such programs, as required by ESEA section 
6114(b)(5);
    (5) Provide information on how the State assessment data of all 
Indian students (not just those served) are used and how such 
information will be disseminated to the Indian community, Indian Parent 
Committee, and Indian Tribes whose children are served by the LEA. Also 
describe how assessment data from the previous school year (SY) were 
used, as required by ESEA section 6114(b)(6);
    (6) Indicate when the public hearing was held for FY 2022-23, as 
required by ESEA section 6114(c)(3)(C);
    (7) For an applicant that is an LEA, BIE school, or a consortium of 
LEAs or BIE schools, describe the process the applicant used to 
meaningfully collaborate with Indian Tribes located in the community in 
a timely, active, and ongoing manner in the development of the 
comprehensive program and the actions taken as a result of such 
collaboration (ESEA section 6114(b)(7));
    (8) Identify specific project objectives that will further the goal 
of providing culturally responsive education for Indian students to 
meet their academic needs and help them meet State achievement 
standards (ESEA section 6115(b)), and identify the data sources that 
will be used to measure progress toward meeting project objectives;
    (9) For an LEA that selects a schoolwide application, identify how 
the use of such funds in a schoolwide program will produce benefits to 
Indian students that would not be achieved if the funds were not used 
in a schoolwide program (ESEA section 6115(c)(3));
    (10) Submit a program budget and justification based on the 
estimated grant amount that the EASIE system calculates from the Indian 
student count submitted in EASIE Part I. After the initial grant 
amounts are determined, additional funds may become available due to 
such circumstances as withdrawn applications or reduction in another 
applicant's student count. An applicant whose award amount increases or 
decreases more than $5,000 must submit a revised budget prior to 
receiving its grant award but will not need to re-certify its 
application. If an applicant's award amount increases or decreases by 
less than $5,000, a budget update is not required. For an applicant 
that receives an increased award amount following submission of its 
original budget, the applicant must allocate the increased amount only 
to previously approved budget categories;
    (11) As required by section 427 of the General Education Provisions 
Act (GEPA), describe the steps the applicant proposes to take to ensure 
equitable access to, and participation in, the project or activity to 
be conducted with such assistance, by addressing the special needs of 
students, teachers, and other program beneficiaries in order to 
overcome barriers to equitable participation, including barriers based 
on gender, race, color, national origin, disability, and age; and
    (12) If needed, provide additional comments to assist OIE in the 
review of the application.
    Registration for Formula Grant EASIE: Current, former, and new 
applicants interested in submitting a Formula Grant EASIE application 
must register for EASIE. Prior to the opening of EASIE Part I, PSC will 
send a broadcast to prior year grantees and new prospective applicants 
that have contacted PSC and registered for EASIE. All recipients who 
receive PSC's broadcast will be asked to complete their intent to apply 
for the upcoming application period in the EASIE Portal. All 
prospective applicants will be provided the opportunity to confirm if 
any updates to their registration information are necessary, and/or if 
they would like to completely decline registration. Entities that do 
not have an active Registration or are new

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applicants should contact the PSC listed under FOR FURTHER INFORMATION 
CONTACT to register any time before the EASIE Part I application 
deadline date. Registration does not serve as the entity's grant 
application. For assistance registering, contact the PSC listed under 
FOR FURTHER INFORMATION CONTACT.
    Certification for EASIE: The applicant's AOR, which must be a 
senior level official (Superintendent, Tribal Chief, or similar) of the 
entity and legally authorized by the applicant organization to approve 
the application, must certify EASIE Part I and Part II by the deadline 
date. Each applicant should identify at least three system users, one 
for each of the following: Project Director, Authorized Official 
Representative, and another party (such as a Budget Director) 
designated to answer questions in the event the project director is 
unavailable. The certification process ensures that the information in 
the application is true, reliable, and valid. An applicant that 
provides a false statement in the application may be subject to 
penalties under the False Claims Act (18 U.S.C. 1001).
    b. Submission of Paper Applications by Mail.
    We discourage paper applications, but if electronic submission is 
not possible (e.g., you do not have access to the internet), you must 
provide a written statement that you intend to submit a paper 
application. Send this written statement no later than Monday, January 
11, 2022.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the application deadline date 
of EASIE Part I. 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 of EASIE Part I. If you email the written 
statement, it must be sent no later than two weeks before the 
application deadline date to the person listed under FOR FURTHER 
INFORMATION CONTACT.
    Address and mail or fax your statement to: Dr. Crystal C. Moore, 
U.S. Department of Education, Office of Indian Education, 400 Maryland 
Avenue SW, MS 6335, Washington, DC 20202-6335. FAX: (202) 205-0606.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    You must mail the original and two copies of your application, on 
or before the application deadline dates for both EASIE Part I and Part 
II, to the Department at the following address: U.S. Department of 
Education, Office of Indian Education, Attention: Assistance Listing 
Number 84.060A, 400 Maryland Avenue SW, MS 6335, Washington, DC 20202-
6335.
    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.
    (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.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    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.
    We will not consider applications postmarked after the application 
deadline date for EASIE Part I or Part II.
    c. Submission of Paper Applications by Hand Delivery.
    If you are submitting a paper application, you (or a courier 
service) may deliver your paper application to the Department by hand. 
You must deliver the original and two copies of your application by 
hand, on or before the application deadline dates for both EASIE Part I 
and Part II, to the Department at the following address: U.S. 
Department of Education, Office of Indian Education, Attention: 
Assistance Listing Number 84.060A, 400 Maryland Avenue SW, MS 6335, 
Washington, DC 20202-6335.
    The program office accepts hand deliveries daily between 8:00 a.m. 
and 4:30 p.m., Eastern Time, except Saturdays, Sundays, and Federal 
holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 11 of the SF 424 the Assistance Listing Number, 
including suffix letter, of this program--84.060A; and
    (2) The program office will mail you a notification of receipt of 
your grant application. If you do not receive this notification within 
15 business days from the application deadline date, you should contact 
the program office at (202) 453-5593.

V. Grant Administration Information

    1. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, 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.
    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 a grant in the Applicable 
Regulations section of this notice.
    3. Reporting: (a) If you apply for a grant under this program, you 
must ensure that you have in place the necessary processes and systems 
to comply with the reporting requirements in 2 CFR part 170 should you 
receive funding. This does not apply if you have an exception under 2 
CFR 170.110(b).
    (b) You must submit a final annual performance report (APR) using 
EASIE via the OMB MAX Survey entity-specific link, including financial 
information, as directed by the Secretary, within 120 days after the 
close of the grant year. Grantees will be able to access the APR via 
the EASIE portal link provided to registered entities prior to the 
system being open to users. Grantees will receive an email from the PSC 
identifying the date that the APR will be available to grantees and the 
deadline for its transmission.
    4. Performance Measures: For the purposes of Department reporting 
under 34 CFR 75.110, we have established the following key performance 
measures for assessing the effectiveness and efficiency of the Formula 
Grants program: (1) The percentage of Indian students in grades four 
and eight who score at or above the basic level in reading on the 
National Assessment of Educational Progress (NAEP); (2) the percentage 
of Indian students in grades four and eight who score at or above the 
basic level in mathematics on the NAEP; (3) the percentage of Indian 
students in grades three through eight meeting State achievement 
standards by scoring at or

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above the proficient level in reading and mathematics on State 
assessments; (4) the difference between the percentage of Indian 
students in grades three through eight at or above the proficient level 
in reading and mathematics on State assessments and the percentage of 
all students scoring at those levels; (5) the percentage of Indian 
students who graduate from high school as measured by the four-year 
adjusted cohort graduation rate; (6) the percentage of grantees 
providing culturally responsive activities; and (7) the percentage of 
funds used by grantees prior to award close-out.
    Note: In any year in which NAEP or State assessment data are 
systematically unavailable, reporting of such data will not be required 
and will not be used for purposes of performance measures.
    5. Integrity and Performance System: If you receive an award under 
this grant program that over the course of the project period may 
exceed the simplified acquisition threshold (currently $250,000), under 
2 CFR 200.206(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 SAM. 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 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. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
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accessible format. The Department will provide the requestor with an 
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format (TXT), a thumb drive, an MP3 file, braille, large print, 
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    Electronic Access to This Document: The official version of this 
document is published in the Federal Register. You may access the 
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Regulations at www.govinfo.gov. At this site you can view this 
document, as well as other documents of this Department published in 
the Federal Register, in text or PDF. To use PDF, you must have Adobe 
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    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 
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by the Department.

Ian Rosenblum,
Deputy Assistant Secretary for Policy and Programs Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary of the Office of Elementary and Secondary Education.
[FR Doc. 2022-00059 Filed 1-6-22; 8:45 am]
BILLING CODE 4000-01-P