[Federal Register Volume 91, Number 143 (Tuesday, July 28, 2026)] [Notices] [Pages 47241-47243] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-15150] ----------------------------------------------------------------------- DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families [Assistance Listing Number(s): 93.612, 93.340] Notice of Final Issuance on the Adoption of Administration for Native Americans Program Policies and Procedures AGENCY: Administration for Native Americans (ANA), Administration for Children and Families (ACF), Department of Health and Human Services (HHS). ACTION: Notice of Final Issuance. ----------------------------------------------------------------------- SUMMARY: ANA is issuing final interpretive rules, general statements of policy, and rules of agency organization, procedure, or practice relating to the following Fiscal Year (FY) 2026 Notices of Funding Opportunity (NOFOs): Economic Advancement Grants for Local Empowerment (EAGLE), AI3 Action Institute--Artificial Intelligence for American Indians (AI3 Action Institute), and the National Center for Native Training and Technical Assistance (NCNTTA). DATES: The policies proposed in the Federal Register Notice for Public Comment (2026-05484 (91 FR 13604)) are final and effective upon publication of the NOFOs. FOR FURTHER INFORMATION CONTACT: Carmelia Strickland, Administration for Native Americans, 330 C Street SW, Washington, DC 20201 or via email to: [email protected]. SUPPLEMENTARY INFORMATION: Section 814 of the Native American Programs Act of 1974 (NAPA), as amended (42 U.S.C. 2992b-1), requires ANA to provide notice of its proposed interpretive rules, general statements of policy, and rules of agency organization, procedure, or practice. The proposed clarifications, modifications, and new text will appear in the FY 2026 NOFOs. ANA published a Notice of Public Comment (NOPC) in the Federal Register (2026-05484 (91 FR 13604)), with proposed policy and program clarifications, modifications, and activities that apply to the three above-mentioned NOFOs beginning in FY 2026. The public comment period was open for 30 days. This notice transmits ANA's final policy governing three NOFOs to be published in FY 2026. ANA received and considered comments from 32 submissions. The following are the public comments received in response to the NOPC and ANA's responses: Culture/Cultural Preservation Comment: Some commenters emphasized that cultural preservation, transmission, and Native cultural frameworks should remain central program considerations rather than secondary elements. Commenters also urged ANA to recognize culturally rooted, community-based roles and broader cultural, environmental, and intergenerational outcomes as important measures of success. Response: ANA acknowledges the importance of ensuring that cultural preservation and cultural transmission remain integral to program design and implementation of economic development programs. The FY 2026 NOFOs are designed to support economic development in ways that also respect Native cultural and community. Terminology Comment: Some concerns were expressed regarding the use of terms such as ``Native communities'' and ``self-determination,'' including how those terms may be interpreted in relation to sovereignty, eligibility, and program integrity. There was a comment requesting clarification regarding the treatment of diaspora populations and how eligibility and beneficiary definitions would apply in digital or geographically dispersed community contexts. Response: ANA uses terminology consistent with its statutory authorities, mission, and prior program practice, while applying such terms responsibly and consistently. The list of eligible applicants is set by applicable statutory and regulatory requirements. Where appropriate, ANA will provide additional clarification in the NOFOs regarding eligibility, beneficiaries, and service-area considerations. Artificial Intelligence Comment: In regard to the AI3 Action Institute--Artificial Intelligence for American Indians, some commenters raised concerns regarding opportunity costs, Indigenous data sovereignty, [[Page 47242]] centralized program design, Tribal readiness, and the breadth and complexity of the issues the Institute would be expected to address. Other commenters expressed support for AI-related capacity building if it is designed in a manner that is responsive to Tribal priorities and implementation realities. Response: The Institute will complement--not replace--broader social and economic development efforts. When implemented, the Institute will be designed to support informed community decision- making, reflect ongoing Native input, and address ethical, practical, and governance considerations associated with emerging technologies. Additional details regarding the Institute's structure, eligible activities, and implementation approach will be provided in the NOFO. Program Flexibility/Funding Limitation Comment: Comments were received in regard to concerns that the proposed project areas could limit program flexibility, narrow the scope of eligible activities, reduce funding available for community- defined priorities, and decrease Native/Tribal discretion in project design. Comments also included the importance of preserving support for integrated, locally tailored, and sustainable strategies that may not fit neatly within a single predefined project area. Response: The FY 2026 NOFOs align Native community needs and interests with identified socioeconomic opportunities, while preserving flexibility through project design options, including the IDEAS project area. ANA also considered input received through Tribal Consultation on economic development on August 14, 2025, as well as input gathered at multiple Native economic development conferences, in developing the NOFO framework. The FY 2026 NOFOs also align with administration priorities focused on the well-being of Native children and families. The project areas support both targeted opportunities and broader community priorities. Additional guidance in the NOFOs will clarify how applicants may present projects that are multi-faceted, locally tailored, or innovative. Based on comments, ANA will expand the Program Area: Welders to Elders in the EAGLE NOFO, to include additional skilled trades. More information will be included in the NOFO. Eagle Replacing SEDS/SEDS-AK Comment: Comments were received regarding the replacement of SEDS with EAGLE, including whether the change could narrow the program's community-driven and culturally responsive foundation. Some commenters also requested clarification regarding how EAGLE would compare to SEDS in practice and whether the core strengths of SEDS would be preserved. Response: ANA confirms that SEDS has evolved, and EAGLE signifies this evolvement. This transition builds on SEDS--it furthers the Administration's commitment to community-driven economic development and provides the tools available to support it. The underlying purpose of supporting Native social and economic development remains unchanged. EAGLE will continue advancing Native empowerment while placing greater emphasis on economic development opportunities. All eligible communities may apply under the available project areas, and the IDEAS project area will provide greater impact by increasing a community- driven pathway for locally developed projects. Additional information in the NOFOs will further clarify how EAGLE is structured and how applicants may pursue projects aligned with community priorities. EAGLE addresses a wide range of needs in Native communities. Replacement of SEDS-AK With Eagle Comment: Multiple commenters raised concerns regarding the replacement of SEDS-AK with EAGLE, including the potential loss of an Alaska-specific funding opportunity and the possibility that Alaska Tribes could face new barriers in competing for funding under a new NOFO. Commenters emphasized the importance of accounting for Alaska- specific conditions and maintaining equitable access for Alaska Native communities. Response: Alaska Native communities will remain eligible across EAGLE project areas, including IDEAS, and EAGLE will serve Alaska Native communities alongside other eligible Native communities. The new NOFOs will continue to meet the myriad of demands in Native communities and across all domains. EAGLE and the AI3 Action Institute accelerate socioeconomic development via the strategic deployment of technology. The EAGLE IDEAS project area carries forward the spirit of Alaskan self-determination. ANA will continue to consider the distinct circumstances and needs of Alaska Native communities in future programming. ANA Mission/Statutory Obligations Comment: While some commenters supported ANA's emphasis on self- determination and community-driven development, other commenters raised concerns regarding whether the proposed changes align with the Native American Programs Act of 1974, ANA regulations, and the statutory intent underlying Response: ANA maintains that the FY 2026 NOFOs are consistent with the Native American Programs Act of 1974 and applicable ANA regulations. ANA performed its due diligence and tailored programming accordingly. In addition, ANA added flexibility to accommodate the granularity associated with hundreds of communities. The NOFOs are at the intersection of this granularity, timely constituent feedback, and socioeconomic opportunities. In developing the NOFOs, ANA considered community needs and interests, and identified socioeconomic opportunities. The FY 2026 NOFOs continue advancing self-determination and self-reliance while providing flexibility for a wide range of Native communities and local circumstances. Tribal Consultation Comment: Commenters raised concerns regarding Tribal consultation and requested additional government-to-government engagement before implementation of the proposed changes. Some commenters also requested additional time to comment following any further consultation or revision to the proposed approach. Response: ANA remains committed to incorporating Tribal input and maintaining ongoing engagement with Tribal Nations and Native communities. ANA hosted a Tribal Consultation focused on economic development on August 14, 2025, and also gathered input at multiple Native economic development conferences, which informed development of the FY 2026 NOFOs. Clarity and Further Information Needed Comment: Commenters requested additional clarity regarding program structure, application expectations, project area distinctions, and the relationship between program goals and allowable activities. Commenters also sought more specific guidance on operational costs, workforce development outcomes, and the treatment of Native-owned businesses or subrecipients in project implementation. Response: The NOFOs for these programs will provide more specific information regarding program descriptions, application requirements, allowable activities, and how to apply. [[Page 47243]] With respect to Microgrids, allowable activities will be further described in the NOFO. Application Preparation Comment: In regard to EAGLE, one commenter requested clarification regarding whether applicants would be required to submit separate applications for specific project areas or a single application that could later be aligned to a project area during review. Response: For EAGLE, applicants will be required to submit a separate application for each project area under which they choose to apply. Additional information regarding the application process will be provided in the NOFO. Training and Technical Assistance Consolidation Comment: While ANA received multiple comments supporting Training and Technical Assistance (TTA) consolidation, other comments raised concerns about the risks to institutional knowledge and operational effectiveness. Response: The consolidation of ANA's four TTA contracts into a single cooperative agreement will streamline operations and strengthen program support. This new model will:Provide specialized subject matter expertise for specific regions Improve operational integration Allow for stronger federal involvement in program direction Increase responsiveness to agency priorities By shifting to one cooperative agreement, ANA will deliver more cohesive and consistent TTA services that improve grantee capacity, performance, and long-term sustainability. This transition also enhances ANA's overall efficiency in project management and supports recent changes in administrative strategy and oversight. This approach is both practical and aligned with the Native American Programs Act (NAPA), the foundation of ANA's mission. NAPA emphasizes promoting self-sufficiency and economic development in Native communities, principles that remain central to ANA's work. As a complement to direct grant funding, this structure ensures ANA's active involvement in shaping TTA services so they remain responsive to community priorities and aligned with the long-term objectives of NAPA and the Administration. Comment: ANA received comments regarding concerns about losing regional expertise through the implementation of the TTA Cooperative Agreement. Response: The consolidation of ANA's four TTA contracts into a single cooperative agreement will streamline operations and strengthen program support. This new model will continue to serve ANA grant recipients in specific regions through specialized subject matter experts. This option creates a unified, more agile framework for managing TTA services. The cooperative agreement structure is ideal when federal guidance and collaboration are essential to ensure effective implementation. Comment: One commenter stated that the proposed ceiling level of $3.1M over three years for a single NCNTTA cooperative agreement represents a substantial consolidation of resources and equates to a reduction of more than 70 percent in regional staffing capacity. This significant reduction in geographically distributed staff risks undermining the culturally responsive, community informed technical assistance that has been foundational to ANA's success. Response: The funding level, which is 3.1 million per fiscal year, is intended to support a coordinated national technical assistance approach that would include serving ANA grant recipients in specific regions through specialized subject-matter experts. ANA will monitor performance under the cooperative agreement to ensure alignment with program and statutory requirements. For Profit Entities Comment: ANA received comments regarding eligibility of for-profit entities. Response: Eligibility is determined by the authorizing statute for each program. Under 42 U.S.C. 2991b, which governs EAGLE and the AI3 Action Institute grants, eligible entities do not include for-profit organizations. In contrast, 42 U.S.C. 2991c, which governs NCNTTA, allows for-profit entities to apply. Therefore, for-profit eligibility differs between these three opportunities based on their respective statutory requirements. ANA recognizes that for-profit organizations play an important role in economic development, including creating jobs, attracting private investment, and supporting innovation in communities. ANA does not allocate funding based on organizational type. All applications will be evaluated in accordance with the published merit review criteria. ANA will monitor awards to ensure consistency with program requirements and statutory requirements. Program Income Comment: One commenter requested clarification regarding the treatment of program income generated through community subscription services, including whether such revenue would reduce the federal award and how it should be addressed in sustainability planning. Response: Program income earned from award-supported project activities must be used for the purposes of the award and in accordance with the terms and conditions of the award and applicable federal requirements, including 2 CFR 200.307. The NOFO and award terms, as applicable, will govern how program income must be treated for funded projects. Proposed Program Areas for Eagle Comment: One commenter recommended the addition of an explicit EAGLE priority area focused on Indigenous data sovereignty and community communications infrastructure and requested clearer recognition of sovereign digital communications activities and related operational costs within the EAGLE framework. Response: ANA will maintain the EAGLE project area structure as proposed; however, the IDEAS project area is intended to remain broad enough to accommodate innovative and emerging community-designed concepts, including concepts that may align with the themes identified in this comment. Applicants should review the NOFO carefully to determine whether proposed activities fall within the scope of the IDEAS project area or any other applicable project area. Statutory Authority: Sections 803, 804, and 814 of NAPA, as amended (42 U.S.C. 2991b, 2991c, 2992b-1). Hope MacDonald LoneTree, Deputy Commissioner, Administration for Native Americans, Administration for Children and Families. [FR Doc. 2026-15150 Filed 7-23-26; 4:15 pm] BILLING CODE 4184-34-P