[Federal Register Volume 59, Number 58 (Friday, March 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7059]
[[Page Unknown]]
[Federal Register: March 25, 1994]
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Part V
Department of the Interior
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Bureau of Indian Affairs
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Fiscal Year 1994 Indian Child Welfare Act Grant Program; Notice
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Fiscal Year (FY) 1994 Indian Child Welfare Act (ICWA) Grant
Program, Availability of Title II ICWA Funds for Federally Recognized
Indian Tribes
AGENCY: Bureau of Indian Affairs.
ACTION: Notice of Availability of Grant Funds.
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SUMMARY: Title II of the Indian Child Welfare Act (ICWA) (25 U.S.C.
1931) makes grant funds available to federally recognized Indian tribes
from the Bureau of Indian Affairs (BIA), Department of the Interior,
for the purpose of improving child welfare services to Indian children
and families.
DATES: The closing date for receipt of applications for this program is
May 30, 1994, for all tribal government applicants.
ADDRESSES: Applications must be delivered or sent to the appropriate
Bureau of Indian Affairs' area or agency office in whose service area
jurisdiction the tribe is located. The names and addresses of the BIA's
twelve Area Offices are listed in Part IV of this announcement.
FOR FURTHER INFORMATION CONTACT: The Bureau of Indian Affairs' area or
agency office nearest to the applicant, or Betty Tippeconnie, BIA
Division of Social Services, Mail Stop 310-SIB, 1849 C Street, NW.,
Washington, DC 20240. Telephone 202/208-2721.
SUPPLEMENTARY INFORMATION: Title II of the Indian Child Welfare Act,
Public Law 95-608, authorizes the utilization of funds for grants to
Indian tribes. This notice is published in exercise of authority
delegated by the Secretary of the Interior to the Assistant Secretary--
Indian Affairs by 209 DM 8. The BIA published in the January 13, 1994,
Federal Register, Vol. 59. No. 9, regulations revising 25 CFR part 23,
the rules that govern the Title II ICWA grant program, and convert the
previous competitive ICWA grant award process to a noncompetitive award
system for eligible federally recognized Indian tribes. The Assistant
Secretary--Indian Affairs hereby announces procedures necessary for
eligible Indian tribes to apply for the FY 1994 Title II ICWA grant
funds which shall be awarded noncompetitively under the revised 25 CFR
part 23. The revised rules became effective on February 14, 1994.
Copies of the revised 25 CFR part 23 ICWA grant regulations may be
obtained from the Area Social Workers listed in Part IV of this
announcement.
Comprehensive, three-year developmental tribal government
applications for ICWA grant programs will be accepted for the amount of
funds for which the tribe is eligible. Applications received under this
announcement must comply with all applicable requirements and criteria
specified in the revised 25 CFR part 23. It is imperative that
applicants carefully review all requirements detailed in this
announcement relative to application contents, deadlines, contract
support funds, and other special instructions.
It is incumbent upon the respective Area Director or Agency
Superintendent to provide the necessary technical assistance within the
60-day timeframe specified in 25 CFR 23.21(b)(1) to ensure that all
eligible tribes within the area's or agency's administrative
jurisdiction access the amount of ICWA funds for which each is
eligible. Should a tribe not apply to administer an ICWA program or
should their ICWA application be disapproved, the ICWA funds available
to the tribe may be reprogrammed to other Tribal Priority Allocation
(TPA) program(s) with the approval of the affected tribe.
A total of $22,905,000 in FY 1994 ICWA funds will be available to
Indian tribes nationwide for grants under Title II of the Indian Child
Welfare Act.
Part I--General Information
A. Background
Section 201 of the Indian Child Welfare Act of 1978 (Public Law 95-
608, 25 U.S.C. 1931) authorizes the Secretary to make grants to Indian
tribes to establish and operate on-reservation Indian child and family
service programs for the purpose of stabilizing and preventing the
breakup of Indian families and, in particular, to ensure that the
permanent removal of an Indian child from the custody of his/her Indian
parent or custodian shall be an action of last resort; and to prepare
and implement child welfare codes (25 U.S.C. 1902; 25 U.S.C. 1931).
It is the policy of the BIA to emphasize and facilitate the
comprehensive design, development and implementation of Indian child
and family service programs in coordination with other Federal, state,
local, and tribal programs which strengthen and preserve Indian
families and Indian tribes. Thus, tribes operating BIA contracted
social services programs or related programs under the auspices of a
tribal-state agreement are encouraged to design their ICWA programs/
activities to integrate with or complement existing child and family
service programs.
This announcement provides information on the FY 1994 ICWA grant
application process for eligible Indian tribes, and initiates the
noncompetitive distribution of ICWA grant funds to tribes. To access FY
1994 ICWA grant funds, all tribes, including those who have negotiated
self-governance compact agreements, must submit a three-year (FY 1994-
FY 1996) application and program plan. Once a tribe's application and
program plan are approved by the respective Area Director or Agency
Superintendent in accordance with 25 CFR 23.43, continued annual
funding of the tribe's ICWA program for FY 1995 and FY 1996 will be
contingent upon annual appropriations, receipt of a satisfactory
program evaluation from the area's social services office for the
previous year of operation, and submission of an annual budget and
budget narrative justification statement in accordance with 25 CFR
23.23(b)(7). At the beginning of FY 1995 and thereafter, the
distribution of ICWA grant funds to tribal governments will coincide
with the Federal Government's fiscal year cycle. Thus, eligible Indian
tribes will continuously access their recurring ICWA funds in the
tribal priority allocation (TPA) part of the tribe's budget system.
B. Eligible Applicants
The governing body of any federally recognized Indian tribe or
tribes may apply individually or as a consortium for a grant under this
announcement. A consortium is created by an agreement or association
between two or more eligible applicants. Under a consortium
application, each eligible consortium applicant (tribe) must identify
the amount of ICWA funds for which it is eligible. An applicant may not
submit more than one application nor be the beneficiary of more than
one grant under this grant announcement.
C. Purpose of Tribal Government Indian Child Welfare Act Grant Programs
The objective of every Indian child and family services program
shall be to: Ensure that measures intended to prevent the breakup of
Indian families are followed in child custody proceedings; ensure that
the permanent removal of an Indian child from the custody of his/her
Indian parent or Indian custodian shall be a last resort; comply with
the ICWA out-of-home placement preferences when such placements are
deemed necessary; and implement procedures and practices which reflect
the unique values of Indian culture, and which promote the stability
and security of Indian children, Indian families and Indian
communities.
Tribal ICWA programs funded pursuant to 25 U.S.C. 1931 are for the
specific purposes delineated in the statute and may include the
programs and activities listed at revised 25 CFR 23.22. These purposes
are further defined in Public Law 95-608 (Section 201, 25 U.S.C. 1931).
During FY 1994, first-time tribal government ICWA program applicants
may expend a portion of their ICWA funds to plan, design, or develop a
comprehensive, developmental tribal ICWA program.
Part II--Available Funds
In FY 1994, eligible federally recognized Indian tribes will apply
for $22,905,000 in ICWA grant funds nationwide. However, no FY 1994
contract support funds are available for tribal government ICWA grant
programs. Tribes must satisfy and comply with the application
requirements specified at revised 25 CFR part 23 in order to access
their share of ICWA funds. The ICWA grant funds will be awarded
noncompetitively to eligible Indian tribes or consortiums of tribes
with approved three-year (FY 1994-FY 1996) grant applications, and will
be distributed through the tribe's/agency's tribal priority allocation
budget process.
Under a consortium application, each eligible consortium applicant
(tribe) must identify the amount of ICWA funds for which it is eligible
in its own right. No additional funds will be awarded to consortium
grants other than the combined total of the funding amounts for which
each eligible consortium applicant (i.e., individual tribe) may apply.
However, under no circumstances may any tribe or consortium of tribes
or subgrantee receive ICWA grant funds greater than the maximum grant
amount of $750,000, either through a direct grant or through
subgranting arrangements with approved applicants. The $750,000 ``cap''
has been established to ensure that funds are available to maintain
grants at adequate funding levels for all eligible tribes.
In addition to the 374 tribes awarded FY 1992/FY 1993 ICWA grants,
a total of 160 more tribes will be eligible to receive grants under the
noncompetitive tribal ICWA grant system being initiated in FY 1994.
Due to the overall number of eligible tribes, and in order to
maintain the minimum grant amounts at an acceptable level, the
``bonus'' incentive available to consortiums in FY 1992/FY 1993 is
being discontinued. By letter of December 24, 1991, the Assistant
Secretary--Indian Affairs notified all tribes that, in the absence of
regulations authorizing a conversion to a noncompetitive ICWA process,
FY 1992 was a transitional year, and that the funding mechanisms
implemented in FY 1992 might be changed when revised regulations became
effective.
Title II of the Indian Child Welfare Act, at Section 201(b),
clearly encourages tribes to seek funds from other sources to enhance
the quality and scope of ICWA child and family services programs.
Accordingly, Indian tribes are encouraged to maximize the effectiveness
of ICWA funds by designing grant activities that integrate with or
complement other Federal, state, local or tribal child and family
service programs that may be available to serve their communities. ICWA
grant funds may also be used as non-Federal matching shares under
Social Security Act or any other Federal financial assistance programs
which contribute to the purpose for which funds are authorized to be
appropriated for use under the Indian Child Welfare Act.
No ICWA grant funds will be withheld at the Central Office for
appeals related to a tribe's funding level; therefore, approved
applications will be funded strictly on the availability of funds and
in accordance with the funding amounts published in this grant
announcement. The respective Area Director has final funding authority.
In the consultation meetings BIA held with Indian tribes on the
matter of how available funds for ICWA grants should be allocated, it
was determined that the allocation of funds should be made on the basis
of each eligible tribe's service area population. In the table printed
below, ICWA funding amounts are given for a series of service area
population ranges. The individual tribal allocations of FY 1994 ICWA
funds are based on estimated service area population figures that
recently have been certified by each Area Director as being the most
accurate population data available for tribes within his/her area's
jurisdiction. Tribes may contact their area social worker to learn the
amount of ICWA funds for which they are eligible to apply.
FY 1994 Title II ICWA Funding Distribution Plan for Tribes
------------------------------------------------------------------------
Maximum
Service area population grant
amount
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1-500...................................................... $29,446
501-1,500.................................................. 45,000
1501-3,000................................................. 55,000
3,001-5,000................................................ 65,000
5,001-8,000................................................ 75,000
8,001-20,000............................................... 90,000
20,001-40,000.............................................. 130,000
40,001-60,000.............................................. 150,000
60,001-90,000.............................................. 250,000
90,001-14,000.............................................. 350,000
140,001-180,000............................................ 500,000
180,001-And over........................................... 750,000
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Part III--Mandatory Tribal Government Application Contents
A. Statutory Authority
The BIA's Indian Child Welfare Act grants program is authorized by
Title II of Public Law 95-608, the Indian Child Welfare Act (25 U.S.C.
1901 et seq., 25 CFR part 23). All grant applications submitted under
this announcement shall comply with the tribal government application
contents and requirements specified at 25 CFR 23.23. A consortium of
two or more eligible Indian tribes may apply for a grant as a
consortium, in which each component tribe will contribute the amount of
funds for which it is eligible in its own right. Consortium applicants
must identify the lead tribe that will be responsible for submitting
the required grantee reports and for the general purposes of fulfilling
and adhering to other grant administration requirements. All grantees,
including all consortia of two or more Indian tribes, must comply with
all general and uniform grant administration requirements addressed in
25 CFR part 23 and 25 CFR part 276.
B. Closing Date for Receipt of Applications for All Applicants
The closing date for receipt of applications under this program
announcement is the close of business on May 30, 1994, for all
applicants. All applications for Indian Child Welfare Act grants must
be received by the appropriate BIA Area Director or Agency
Superintendent, as specified in 25 CFR 23.21, at or before 5 p.m. or
the official close of business for that office on the closing date of
the application period. Hand-delivered applications will be accepted
during normal work hours Monday through Friday. The names and addresses
of all BIA area offices are listed in Part IV of this announcement.
It is reiterated that Area Directors and Agency Superintendents are
responsible for providing the necessary technical assistance to ensure
that all tribes under the area or agency's administrative jurisdiction
access the ICWA funds for which they are eligible.
C. Grant Review and Award Process
The appropriate Agency Superintendent or Area Director shall review
and take the appropriate course of action on tribal government ICWA
applications received in response to this announcement in accordance
with the established requirements and timeframes in 25 CFR 23.21;
23.22; and 23.23 respectively. Grants shall be awarded and executed in
accordance with 25 CFR 23.43 as expeditiously as possible.
Grantees must comply with all applicable Federal financial and
program performance reporting requirements and the general and uniform
grant administration requirements specified in 25 CFR parts 23 and 276.
Failure to meet and comply with regulatory requirements may result in
suspension, cancellation and/or termination of program funds.
D. Appeals
Appeals filed under revised 25 CFR 23.61 and 23.63 shall be filed
in accordance with appeal procedures as set out in 25 CFR part 2. As
previously stated herein, no tribal ICWA funds will be withheld at the
Central Office for purposes of funding appeals.
A Notice of Appeal must be filed within 30 days of the appellant's
receipt of the decision being appealed. The notice must be filed in the
office of the official whose decision is being appealed. The date of
filing is the date the notice of appeal is postmarked or the date it is
personally delivered to the official's immediate office (25 CFR 2.9(a),
2.13(a)). The burden of proof of timely filing is on the appellant. No
extension of time will be granted for filing a notice of appeal (25 CFR
2.9(a) and 2.16).
Within 30 days of the filing of the notice of appeal, a statement
of reasons must be filed in the office of the official whose decision
is being appealed. The statement of reasons may, however, be included
in or filed with the notice of appeal (25 CFR 2.10). Appeals will be
handled in accordance with provisions set forth at 25 CFR 2.20.
Part IV--BIA Area Offices--Area Social Workers
All application materials must be submitted in person or mailed to
the appropriate Bureau of Indian Affairs' Agency Superintendent or Area
Director. The following is a listing of the twelve BIA Area Social
Workers designated by the Area Directors to receive tribal government
ICWA grant applications:
Aberdeen Area Office: Peggy Davis; 115 4th Avenue, SE.; Aberdeen, South
Dakota 57401; 605/226-7351.
Albuquerque Area Office: Joseph Naranjo; 615 1st Street; P.O. Box
26567; Albuquerque, New Mexico 87125-6567; 505/766-3321.
Anadarko Area Office: Retha Murdock; 1\1/2\ mile North Highway 281; WCD
Office Complex; P.O. Box 368; Anadarko, Oklahoma 73005; 405/247-6673
x257.
Billings Area Office: Louise Zokan-Delos Reyes; 316 North 26th Street;
Billings, Montana 59101; 406/657-6651.
Eastern Area Office: Evelyn S. Roanhorse; 3701 N. Fairfax Drive; Suite
260; Arlington, Virginia 22201; 703/235-2353.
Juneau Area Office: Jimmie Clemmons; 9109 Menden Hall Mall Road; P.O.
Box 25520; Juneau, Alaska 99802-5520; 907/586-7628.
Minneapolis Area Office: Rosalie Clark; 331 South Second Avenue;
Minneapolis, Minnesota 55401; 612/373-1182.
Muskogee Area Office: Alice A. Allen; Federal Courthouse Building; 101
North 5th Street; Muskogee, Oklahoma 74401-6206; 918/687-2507.
Navajo Area Office: Vivian Hailstorm; 300 West Hill Avenue; P.O. Box
1060; MC-440, Gallup, New Mexico 87301; 602/871-5151.
Phoenix Area Office: Stephen J. Lacy; 1 North First Street; P.O. Box
10; Phoenix, Arizona 85001; 602/379-6785.
Portland Area Office: Robert C. Carr; 911 N.E. 11th Avenue; Portland,
Oregon 97232-4169; 503/231-6783.
Sacramento Area Office: Kevin Sanders; Federal Office Building; 2800
Cottage Way; Sacramento, California 95825; 916/978-4705.
Dated: March 18, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-7059 Filed 3-24-94; 8:45 am]
BILLING CODE 4310-02-P