94-7059. Fiscal Year (FY) 1994 Indian Child Welfare Act (ICWA) Grant Program, Availability of Title II ICWA Funds for Federally Recognized Indian Tribes  

  • [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.
    
    -----------------------------------------------------------------------
    
    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  
    ------------------------------------------------------------------------
    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
    ------------------------------------------------------------------------
    
    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
    
    
    

Document Information

Published:
03/25/1994
Department:
Indian Affairs Bureau
Entry Type:
Uncategorized Document
Action:
Notice of Availability of Grant Funds.
Document Number:
94-7059
Dates:
The closing date for receipt of applications for this program is May 30, 1994, for all tribal government applicants.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 25, 1994