[Federal Register Volume 88, Number 219 (Wednesday, November 15, 2023)]
[Notices]
[Pages 78341-78346]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25125]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Applications for New Awards; Alaska Native Education Program

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

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2024 for the Alaska Native 
Education (ANE) program, Assistance Listing Number 84.356A. This notice 
relates to the approved information collection under OMB control number 
1894-0006.

DATES: 
    Applications Available: November 20, 2023.
    Deadline for Transmittal of Applications: February 13, 2024.
    Deadline for Intergovernmental Review: April 15, 2024.

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 December 7, 2022 (87 FR 75045) and available at 
https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.

FOR FURTHER INFORMATION CONTACT: Almita Reed, U.S. Department of 
Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: 
(202) 260-1979. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION: 

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the ANE program is to support 
innovative projects that recognize and address the unique educational 
needs of Alaska Natives. These projects must include the activities 
authorized under section 6304(a)(2) of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), and may include one or more 
of the activities authorized under section 6304(a)(3) of the ESEA, 
including, but not limited to, curriculum development, training and 
professional development, early childhood and parent outreach, and 
enrichment programs.
    Background: The ANE program serves the unique educational needs of 
Alaska Natives and recognizes the roles of Alaska Native languages and 
cultures in the educational success and long-term well-being of Alaska 
Native students. The Department encourages applicants to propose a 
broad array of activities to achieve these purposes, including 
activities that are consistent with the Administration's policy focus 
areas, such as promoting equitable access to educational resources and 
opportunities. These activities may include supporting inclusive 
pedagogical practices in educator preparation and professional 
development programs and increasing the number and diversity of 
experienced effective educators, including those from the community 
they serve.
    As noted below, construction projects that will support the 
operation of an existing or proposed ANE program will be a permissible 
activity only if Congress specifically authorizes the use of FY 2024 
funds for this purpose. However, we note that, in each of the last 20 
fiscal years, Congress has authorized, through appropriations acts, 
that ANE funds may be used for

[[Page 78342]]

construction. If an applicant is interested in both proposing a 
construction project and a separate project, we encourage the applicant 
to submit separate applications for each project, in case Congress does 
not authorize construction through appropriations. If Congress does not 
authorize the use of FY 2024 funds for construction, we will notify 
applicants who applied for such purpose that we are unable to fund 
construction.
    Priority: This notice contains one absolute priority.
    Consistent with 34 CFR 75.105(b)(2)(v), the absolute priority is 
from allowable activities specified in the statute (see section 
6304(a)(2)(A) and (B) of the ESEA).
    Absolute Priority: For FY 2024 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet the priority. In 
the project abstract, applicants must clearly identify the specific 
allowable activities the proposed project addresses. The applicant must 
address both parts of the priority.
    This priority is:
    Alaska Native Education Activities.
    Projects designed to--
    (a) Develop and implement plans, methods, strategies, and 
activities to improve the educational outcomes of Alaska Natives; and
    (b) Collect data to assist in the evaluation of the programs 
carried out under the ANE program.
    Note: The construction of facilities that will support the 
operation of an existing or proposed ANE program will be a permissible 
activity only if Congress specifically authorizes the use of FY 2024 
funds for this purpose. If an applicant is interested in both proposing 
a construction project and a separate project, we encourage the 
applicant to submit separate applications for each project. If Congress 
does not authorize the use of FY 2024 funds for construction, we will 
notify applicants who applied for such purpose that we are unable to 
fund construction.
    Definitions: For FY 2024 and any subsequent year in which we make 
awards from the list of unfunded applications from this competition, 
the following definitions apply. The definitions of ``Alaska Native'' 
and ``Alaska Native organization'' are from section 6306 of the ESEA 
(20 U.S.C. 7546). The definitions of ``demonstrates a rationale,'' 
``logic model,'' ``project component,'' and ``relevant outcome'' are 
from 34 CFR 77.1. The definition of ``Native'' is from section 3(b) of 
the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). In 
addition, the definitions of ``experience operating programs that 
fulfill the purposes of the ANE program,'' ``official charter or 
sanction,'' and ``predominately governed by Alaska Natives'' are from 
the notice of final definitions and requirements for the Alaska Native 
Education Program, published in the Federal Register on June 4, 2019 
(84 FR 25682) (NFR).
    Alaska Native has the same meaning as the term Native has in 
section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 
1602(b)) and includes the descendants of individuals so defined.
    Alaska Native organization (ANO) means an organization that has or 
commits to acquire expertise in the education of Alaska Natives and 
is--
    (a) An Indian Tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304), that is an 
Indian Tribe located in Alaska;
    (b) A Tribal organization, as defined in section 4 of such Act (25 
U.S.C. 5304), that is a Tribal organization located in Alaska; or
    (c) An organization listed in clauses (i) through (xii) of section 
619(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through 
(xii)), or the successor of an entity so listed.
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Experience operating programs that fulfill the purposes of the ANE 
program means that, within the past four years, the entity has received 
and satisfactorily administered, in compliance with applicable terms 
and conditions, a grant under the ANE program or another Federal or 
non-Federal program that focused on meeting the unique education needs 
of Alaska Native children and families in Alaska.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Native means a citizen of the United States who is a person of one-
fourth degree or more Alaska Indian (including Tsimshian Indians not 
enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or 
combination thereof. The term includes any Native as so defined either 
or both of whose adoptive parents are not Natives. It also includes, in 
the absence of proof of a minimum blood quantum, any citizen of the 
United States who is regarded as an Alaska Native by the Native village 
or Native group of which he claims to be a member and whose father or 
mother is (or, if deceased, was) regarded as Native by any village or 
group. Any decision of the Secretary of the Interior regarding 
eligibility for enrollment shall be final.
    Official charter or sanction means a signed letter or written 
agreement from an Alaska Native Tribe or ANO that is dated within 120 
days prior to the date of the submission of the application and 
expressly (1) authorizes the applicant to conduct activities authorized 
under the ANE program and (2) describes the nature of those activities.
    Predominately governed by Alaska Natives means that at least 80 
percent of the entity's governing board (i.e., the board elected or 
appointed to direct the policies of the organization) are Alaska 
Natives.
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    Application Requirements: The following application requirements 
are from section 6304(a) of the ESEA and the NFR. In order to receive 
funding, an applicant must meet the following requirements:
    (a) The applicant must provide a detailed description of the plans, 
methods, strategies, and activities it will develop and implement to 
improve the educational outcomes of Alaska Natives and how the 
applicant will develop and implement such plans, methods, strategies, 
and activities. (ESEA section 6304(a)(2))
    (b) The applicant must provide a detailed description of the data 
it will collect to assist in the evaluation of the programs carried out 
under the ANE program, including data that address the performance 
measures in section VI.5 (Performance Measures) of this notice; and how 
the applicant will collect such data. (ESEA section 6304(a)(2))
    (c) Group Application Requirements:
    An applicant that applies as part of a partnership must meet this 
requirement,

[[Page 78343]]

in addition to the requirements in paragraphs (a) and (b) above.
    (1) An ANO that applies for a grant in partnership with a State 
educational agency (SEA) or local educational agency (LEA) must serve 
as the fiscal agent for the project.
    (2) Group applications under the ANE program must include a 
partnership agreement that includes a Memorandum of Understanding or a 
Memorandum of Agreement (MOU/MOA) between the members of the 
partnership identified and discussed in the grant application. Each 
MOU/MOA must--
    (i) Be signed by all partners and dated within 120 days prior to 
the date of the submission of the application;
    (ii) Clearly outline the work to be completed by each partner that 
will participate in the grant in order to accomplish the goals and 
objectives of the project; and
    (iii) Demonstrate an alignment among the activities, roles, and 
responsibilities described in the grant application for each of the 
partners in the partnership agreement. (NFR)
    (d) Applicants Establishing Eligibility through a Charter or 
Sanction from an Alaska Native Tribe or ANO:
    For an entity that does not meet the eligibility requirements for 
an ANO, established in section 6304(a)(1) and 6306(2) of the ESEA and 
the definitions in this notice, and that seeks to establish eligibility 
through a charter or sanction provided by an Alaska Native Tribe or ANO 
as required under section 6304(a)(1)(C)(ii) of the ESEA, the following 
documentation is required, in addition to the information in 
Application Requirements (a) through (c) above:
    (1) Written documentation demonstrating that the entity is 
physically located in the State of Alaska.
    (2) Written documentation demonstrating that the entity has 
experience operating programs that fulfill the purposes of the ANE 
program.
    (3) Written documentation demonstrating that the entity is 
predominately governed by Alaska Natives (as defined in this notice), 
including the total number, names, and Tribal affiliations of members 
of the governing board.
    (4) A copy of the official charter or sanction (as defined in this 
notice) provided to the entity by an Alaska Native Tribe or ANO. (NFR)
    Note: OESE invites an applicant to indicate whether it intends to 
consolidate its ANE grant funds into a current or future 477 plan in 
accordance with the provisions of Public Law 115-93 (see https://www.govinfo.gov/content/pkg/PLAW-115publ93/pdf/PLAW-115publ93.pdf), the 
Indian Employment, Training and Related Services Consolidation Act of 
2017 (25 U.S.C. 3401 et seq. see https://www.govinfo.gov/content/pkg/USCODE-2021-title25/pdf/USCODE-2021-title25-chap36-sec3401.pdf). Any 
request to consolidate ANE funds into a 477 plan must be made 
separately to the U.S. Department of Interior. For further information 
on the integration of grant funds under this and related programs, 
contact the Division of Workforce Development, Office of Indian 
Services, Bureau of Indian Affairs, U.S. Department of the Interior at 
Office of Indian Services, Division of Workforce Development, Bureau of 
Indian Affairs, 1849 C Street NW, MS-3645-MIB, Washington, DC 20245, 
Telephone: (202) 219-3938.
    ANE grantees who are in their last year of ANE funding from a 
previous grant and have currently integrated that previous grant under 
an approved 477 plan must apply for a new ANE grant under this 
competition by submitting an application that meets all of the 
requirements included in this notice. If such an applicant receives a 
new ANE grant under this competition and wants to consolidate the new 
ANE grant in a 477 plan, it must submit a request to the U.S. 
Department of Interior to do so.
    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 (93 Pub. L. 638). 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 Indian organizations 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 subcontracts in 
connection with the administration of the grant.
    (b) For purposes of this requirement, an Indian is a member of any 
federally recognized Indian Tribe.
    Program Authority: Title VI, part C of the ESEA (20 U.S.C. 7541-
7546).
    Note: Projects will be awarded and must be operated in a manner 
consistent with the nondiscrimination requirements contained in Federal 
civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
97, 98, and 99. (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 NFR.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: The Administration requested $44,953,000 
for ANE for FY 2024, of which we intend to use an estimated $15,900,000 
for this competition. 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: $300,000-$1,500,000 for each 12-month 
budget period.
    Estimated Number of Awards: 11-53.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants:
    (a) Alaska Native organizations with experience operating programs 
that fulfill the purposes of the ANE program;
    (b) Alaska Native organizations that do not have experience 
operating programs that fulfill the purposes of the ANE program, but 
are in partnership with--
    (i) An SEA or LEA; or
    (ii) An Alaska Native organization that operates a program that 
fulfills the purposes of the ANE program; or
    (c) An entity located in Alaska, and predominately governed by 
Alaska Natives, that does not meet the definition of an Alaska Native 
organization but--
    (i) Has experience operating programs that fulfill the purposes of 
the ANE program; and
    (ii) Is granted an official charter or sanction from at least one 
Alaska Native Tribe or Alaska Native organization to carry out programs 
that meet the purposes of the ANE program.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect

[[Page 78344]]

cost rate. 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: No more than 5 percent of funds 
awarded for a grant under this program may be used for administrative 
costs (ESEA section 6305). Note that, since fiscal year 2020, Congress 
has included language in appropriations acts to clarify that the 
statutory 5 percent limit does not include indirect costs. In the event 
such language is not included in the FY 2024 appropriations act, the 
Department will work with successful applicants to make budget 
adjustments to align with administrative cost restrictions, if 
necessary.
    For additional information please see the Funding Restrictions 
section of this notice.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.
    4. Build America, Buy America Act: If Congress specifically 
authorizes the use of FY 2024 funds for the construction of facilities 
that will support the operation of an existing or proposed ANE program, 
this program is subject to the Build America, Buy America Act (Pub. L. 
117-58) domestic sourcing requirements. Accordingly, under this 
program, grantees and their contractors may not use their grant funds 
for infrastructure projects or activities (e.g., construction, 
remodeling, and broadband infrastructure) unless--
    (a) All iron and steel used in the infrastructure project or 
activity are produced in the United States;
    (b) All manufactured products used in the infrastructure project or 
activity are produced in the United States; and
    (c) All construction materials are manufactured in the United 
States.
    Grantees may request waivers to these requirements by submitting a 
Build America, Buy America Act Waiver Request Form. For more 
information, including a link to the Waiver Request Form, see the 
Department's Build America Buy America Waivers website at https://www2.ed.gov/policy/fund/guid/buy-america/index.html.

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 December 7, 2022 (87 FR 75045) and available at https://www.federalregister.gov/documents/2022/12/07/2022-26554/common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs. Please note that these Common Instructions supersede 
the version published on December 27, 2021.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the ANE program, your 
application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of Information Act (5 U.S.C. 552, as 
amended). Because we plan to make successful applications available to 
the public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is subject to Executive 
Order 12372 and the regulations in 34 CFR part 79. Information about 
Intergovernmental Review of Federal Programs under Executive Order 
12372 is in the application package for this program.
    4. Funding Restrictions: No more than 5 percent of FY 2024 funds 
awarded for a grant under this program may be used for administrative 
costs (ESEA section 6305).
    Note: In general, for purposes of this competition, the 5 percent 
limit on administrative costs under ESEA section 6305 includes direct 
and indirect administrative costs. As described in the Administrative 
Cost Limitation section of this notice, the Department anticipates that 
Congress will clarify, through the FY 2024 appropriations act, that 
this 5 percent limit does not include indirect costs, and, in the event 
such language is not included in the FY 2024 appropriations act, will 
work with successful applicants to make budget adjustments to align 
with administrative cost restrictions, if necessary.
    We reference regulations outlining additional funding restrictions 
in the Applicable Regulations section of this notice.
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 30 pages and (2) use the 
following standards:
     A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
     Double-space (no more than three lines per vertical inch) 
all text in the application narrative.
     Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
     Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210. The maximum score for all of the selection 
criteria is 100 points. The maximum score for each criterion is 
included in parentheses following the title of the specific selection 
criterion. Each criterion also includes the factors that reviewers will 
consider in determining the extent to which an applicant meets the 
criterion.
    The selection criteria are as follows:
    (a) Need for project (up to 10 points)
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
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.
    (b) Quality of the project design (up to 30 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 extent to which the proposed 
project demonstrates a rationale (as defined in this notice).
    (c) Quality of project personnel (up to 10 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project. In determining the quality of project 
personnel, the

[[Page 78345]]

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 (up to 5 points).
    In addition, the Secretary considers the qualifications, including 
relevant training and experience, of key project personnel (up to 5 
points).
    (d) Quality of the management plan (up to 30 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 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.
    (e) Quality of the project evaluation (up to 20 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 will provide 
valid and reliable performance data on relevant outcomes (up to 10 
points).
    (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 (up to 10 points).
    Note: The quality of the project evaluation selection criterion 
relates to performance measure (1) under the Performance Measures 
section of this notice.
    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, and 110.23).
    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this competition 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.
    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 200.206(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 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.
    5. In General. In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (d) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

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.

[[Page 78346]]

    4. Reporting: (a) If you apply for a grant under this competition, 
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 under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(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.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    5. Performance Measures: For the purposes of Department reporting 
under 34 CFR 75.110, we have established four performance measures for 
the ANE program under the absolute priority: (1) the number of grantees 
who attain or exceed the targets for the outcome indicators for their 
projects that have been approved by the Secretary; (2) the percentage 
of Alaska Native children participating in early learning and preschool 
programs who consistently demonstrate school readiness in language and 
literacy as measured by the Revised Alaska Development Profile; (3) the 
percentage of Alaska Native students in schools served by the program 
who earn a high school diploma in four years; and (4) the number of 
Alaska Native programs that primarily focus on Alaska Native culture 
and language.
    For a grantee that includes construction in its project, if 
Congress authorizes such use and the Department funds such an 
application, the Department will use the following performance measures 
for the ANE program: (1) the number of grantees that attain or exceed 
the targets for the outcome indicators for their projects that have 
been approved by the Secretary; (2) the number and percentage of 
grantees that report annually that the overall condition of the 
building(s) on which their project focuses is adequate; and (3) the 
number and percentage of grantees that report their project is at each 
of the following levels of completion: (a) not started; (b) 1-25 
percent; (c) 26-50 percent; (d) 51-75 percent; (e) 76-99 percent; (f) 
100 percent complete.
    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, whether 
the grantee has made substantial progress in achieving 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.

Adam Schott,
Deputy Assistant Secretary for Policy and Programs, Delegated the 
Authority to Perform the Functions and Duties of the Assistant 
Secretary, Office of Elementary and Secondary Education.
[FR Doc. 2023-25125 Filed 11-14-23; 8:45 am]
BILLING CODE 4000-01-P