94-8273. Administration for Native Americans: Availability of Financial Assistance for Improving the Capability of Indian Tribal Governments To Regulate Environmental Quality  

  • [Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-8273]
    
    
    [[Page Unknown]]
    
    [Federal Register: April 7, 1994]
    
    
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    DEPARTMENT OF HEALTH AND HUMAN SERVICES
    
    Administration for Children and Families
    
    Program Announcement No. 93612-944
    
     
    
    Administration for Native Americans: Availability of Financial 
    Assistance for Improving the Capability of Indian Tribal Governments To 
    Regulate Environmental Quality
    
    AGENCY: Administration for Native Americans (ANA), ACF, DHHS.
    
    ACTION: Announcement of availability of competitive financial 
    assistance for American Indian Tribes for environmental regulatory 
    enhancement projects.
    
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    SUMMARY: The Administration for Native Americans (ANA) announces the 
    availability of fiscal year 1994 funds for environmental regulatory 
    enhancement projects. Financial assistance provided by ANA is designed 
    to assist tribes advance their capacity and capability to plan for and:
         Develop or enhance the tribal environmental regulatory 
    infrastructure required to support a tribal environmental program, and 
    to regulate and enforce environmental activities on Indian lands 
    pursuant to Federal and Indian law;
         Develop regulations, ordinances and laws to protect the 
    environment;
         Develop the technical and program capacity to carry out a 
    comprehensive tribal environmental program and perform essential 
    environmental program functions;
         Promote training and education of tribal employees;
         Develop technical and program capability to meet tribal 
    and Federal regulatory requirements;
         Develop technical and program capability to monitor 
    compliance and enforcement of tribal environmental regulations, 
    ordinances, and laws; and
         Ensure the tribal court system enforcement requirements 
    are developed in concert with and support the tribe's comprehensive 
    environmental program.
    
    DATES: The closing date for submission of applications is June 17, 
    1994.
    
    FOR FURTHER INFORMATION CONTACT: Rita LeBeau (202-690-5790) or Richard 
    Longmire (202-690-6265), Department of Health and Human Services, 
    Administration for Children and Families, Administration for Native 
    Americans, 200 Independence Avenue, SW., 349F, Washington, DC 20201-
    0001.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Introduction and Purpose
    
        The purpose of this program announcement is to announce the 
    availability of Fiscal Year 1994 financial assistance to promote the 
    goal of environmental regulatory enhancement for American Indians and 
    Alaska Natives through the planning, development and implementation of 
    projects that advance tribal capacity to perform environmental 
    regulatory functions. Funds will be awarded under section 803(d) of the 
    Native American Programs Act of 1974, as amended, 42 U.S.C. 2991 et 
    seq.
        The Congress has enacted statutes for the purpose of protecting the 
    environment. Several of these statutes provide a role for Indian 
    tribes. In addition, tribes may also regulate the environment pursuant 
    to their own laws.
        Despite this increasing environmental responsibility and growing 
    awareness of environmental issues on Indian lands, there has been a 
    lack of resources available to tribes to develop tribal environmental 
    programs that are responsive to tribal needs. In many cases, this lack 
    of resources has resulted in a delay in action on the part of the 
    tribes. Some of the critical issues identified by tribes before 
    congressional committees include: the need for assistance to train 
    professional staff to monitor and enforce tribal environmental 
    programs; the lack of adequate data for tribes to develop environmental 
    statutes and establish environmental quality standards; and the 
    resources to conduct studies to identify sources of pollution and the 
    ability to determine the impact on existing environmental quality. As a 
    result, Congress enacted Public Law 101-408 to strengthen tribal 
    governments through building capacity within the tribes to identify, 
    plan, develop, and implement environmental programs in a manner that is 
    consistent with tribal culture. ANA is to support these activities on a 
    government-to-government basis in a way that acknowledges tribal 
    sovereignty and is consistent with tribal culture.
        Proposed projects will be reviewed on a competitive basis against 
    the evaluation criteria in this announcement.
    
    Background
    
        The Administration for Native Americans believes that 
    responsibility for achieving environmental regulatory enhancement rests 
    with the governing bodies of Indian tribes, Alaska Native villages, and 
    with the leadership of Native American groups.
        Progress toward the goal of environmental regulatory enhancement 
    would include the strengthening of tribal environmental laws, providing 
    for the training and education of those employees responsible for 
    ensuring compliance with and enforcement of these laws, and the 
    development of programs to conduct compliance and enforcement 
    functions. Other functions leading toward enhancing local regulatory 
    capacity include, but are not limited to: environmental assessments, 
    development and use of environmental laboratories, and development of 
    court systems for enforcement of tribal and Federal environmental laws. 
    Ultimate success in this program will be realized when the applicant's 
    desired level of environmental quality is acquired and maintained.
        The Administration for Native Americans bases its policies on three 
    interrelated goals:
        (1) Governance: To assist tribal and village governments, Native 
    American institutions, and local leadership to exercise local control 
    and decision-making over their resources, including environmental 
    resources.
        (2) Economic Development: To foster the development of stable, 
    diversified local economies and economic activities which will provide 
    jobs and promote economic well-being, consistent with environmental 
    protection.
        (3) Social Development: To support local access to, control of, and 
    coordination of services and programs (including pollution prevention 
    activities) which safeguard the health and well-being of people and the 
    tribal environment, provide support services and training so people can 
    work and which are essential to a thriving and self-sufficient 
    community.
        To achieve these goals, ANA supports tribal and village 
    governments, and other Native American organizations, in their efforts 
    to develop and implement community-based, long-term governance, social 
    and economic development strategies (SEDS)--strategies that promote the 
    goal of self-sufficiency in local communities. These basic ANA goals 
    also form the basis for this environmental program.
        The SEDS policy supports ANA's goals and is based on two 
    fundamental principles:
        (1) The local community and its leadership are responsible for 
    determining goals, setting priorities, and planning and implementing 
    programs aimed at achieving those goals. The unique mix of socio-
    economic, political, and cultural factors in each community makes local 
    self-determination necessary. The local community is in the best 
    position to apply its own cultural, political, and socio-economic 
    values to its long-term strategies and programs.
        (2) Economics, governance, and social development are interrelated. 
    Development in one area should be balanced with development in the 
    others in order to move toward self-sufficiency. Consequently, 
    comprehensive development strategies should address all aspects of the 
    governmental, economic, and social infrastructures (including those for 
    environmental protection) needed to promote self-sufficient 
    communities.
        The principles of the SEDS approach discussed above assume these 
    definitions of important terms linked to the SEDS process:
         ``Governmental infrastructure'' includes the 
    constitutional, legal, and administrative development requisite for 
    independent governance.
         ``Economic infrastructure'' includes the physical, 
    commercial, industrial and/or agricultural components necessary for a 
    functioning local economy which supports the life-style embraced by the 
    Native American community.
         ``Social infrastructure'' includes those components 
    through which health of the people and the environment and economic 
    well-being are maintained within the community and that support 
    governance and economic goals.
        These definitions should be kept in mind as a local strategy is 
    developed as part of the application for project funding. Without a 
    careful balance between governmental, economic and social development 
    infrastructures, a community's development efforts could be 
    jeopardized. The recently added emphasis on environmental concerns 
    (Pub. L. 103-139 and Pub. L. 101-408) does not in any way negate the 
    SEDS approach but requires the enrichment of each dimension of SEDS. 
    For example, expansion of social services, without providing 
    opportunities for employment, economic development and environmental 
    protection, could lead to dependency on social services. Conversely, 
    inadequate social support services and training could seriously impede 
    productivity and local economic development and environmental 
    protection. Additionally, infrastructures must be developed or expanded 
    at the tribal or village level to support social and economic 
    development and growth with proper consideration of their impacts on 
    the environment.
    
    B. Proposed Projects To Be Funded
    
    1. General Considerations
    
        The Administration for Native Americans assists eligible applicants 
    (see section C below) in undertaking one-to-three year development 
    projects that are a part of long-range comprehensive plans to move 
    toward environmental regulatory enhancement and be interrelated with a 
    community's social and economic development plans.
        Applicants must also propose a concrete, locally determined 
    strategy to carry out the project's goals, objectives, and work plans. 
    Local long-range planning must consider the maximum use of all 
    available resources, how these resources will be directed toward 
    planning and development opportunities, and present a strategy for 
    overcoming the local issues that hinder environmental regulatory 
    enhancement.
        The Administration for Native Americans encourages applicants to 
    design project strategies to achieve their specific environmental 
    regulatory enhancement goals and to use available human, natural, 
    financial, and physical resources to which the applicant has access.
        Non-ANA resources should be leveraged to strengthen and broaden the 
    impact of the proposed project in the community. Project designs should 
    explain how those parts of projects which ANA does not fund will be 
    financed through other sources. For example, ANA does not fund 
    construction. Applicants must show the relationship of non-ANA funded 
    activities to those objectives and activities that are funded with ANA 
    grant funds.
        All projects funded by ANA must be completed, or self-sustaining or 
    supported with other than ANA funds at the end of the project period. 
    ``Completed'' means that the project ANA funded is finished, and the 
    desired result(s) have been attained. ``Self-sustaining'' means that a 
    project will continue without outside resources. ``Supported by other 
    than ANA funds'' means that the project will continue beyond the ANA 
    project period, but will be supported by funds other than ANA's.
    
    2. Activities That Cannot Be Funded by ANA
    
        The Administration for Native Americans does not fund programs 
    which operate indefinitely or require ANA funding on a recurring basis.
        The Administration for Native Americans does not fund objectives or 
    activities for the core administration of an organization. ``Core 
    administration'' is defined as funding for staff salaries for those 
    functions which support the organization as a whole, or for purposes 
    unrelated to the actual management or implementation of work conducted 
    under an ANA approved project.
        However, functions and activities that are clearly project related 
    are eligible for grant funding. For example, the management and 
    administrative functions necessary to carry out an ANA approved project 
    are not considered ``core administration'' and are therefore grant 
    eligible costs. Additionally, ANA will fund the salaries of approved 
    staff for time actually and reasonably spent to implement a funded ANA 
    project.
    
    C. Eligible Applicants
    
    1. Who Is Eligible To Apply?
    
        The following organizations are eligible to apply:
         Federally recognized Indian tribes as listed in the 
    Federal Register Notice dated October 21, 1993;
         Incorporated non-Federally and state recognized Indian 
    tribes;
         Alaska Native villages as defined in the Alaska Native 
    Claims Settlement Act (ANCSA) and/or nonprofit village consortia;
         Nonprofit Alaska Native Regional Corporations and/or 
    associations with village specific projects;
         Other tribal or village organizations or consortia of 
    Indian tribes.
    
    2. Who Is Not Eligible?
    
        The following organizations are not eligible to apply:
         Urban Indian Centers;
         Incorporated nonprofit multi-purpose community-based 
    Indian organizations;
         Public and nonprofit private agencies serving: Native 
    Hawaiians, peoples from Guam, American Samoa, Palau, or the 
    Commonwealth of Northern Mariana Islands;
         Incorporated nonprofit Alaska Native multi-purpose 
    community based organizations;
         National or regional incorporated nonprofit Native 
    American organizations with Native American community-specific 
    objectives.
    
    D. Available Funds
    
        Approximately $3 million of Fiscal Year 1994 funds were 
    appropriated and are available to support this regulatory enhancement 
    effort. ANA expects to award approximately 35 grants in amounts up to 
    $250,000 per budget period.
        Each tribe, Native American organization, or other eligible 
    applicant can receive only one grant award under this announcement. The 
    Administration for Native Americans will accept only one application 
    from any one applicant. If an eligible applicant sends in two 
    applications, the one with the earlier postmark will be accepted for 
    review unless the applicant withdraws the earlier application. 
    Applicants who have current ANA SEDS grants are eligible to apply for 
    funds under this program announcement.
    
    E. Multi-Year Projects
    
        This announcement is soliciting applications for project periods up 
    to three years. Awards on a competitive basis, will be for a one-year 
    budget period, although project periods may be for up to three years. 
    Applications for continuation grants funded under these awards beyond 
    the one-year budget period, but within the three year project period, 
    will be entertained in subsequent years on a non-competitive basis 
    subject to availability of funds, satisfactory progress of the grantee 
    and determination that continued funding would be in the best interest 
    of the government. A multi-year project cannot be a series of unrelated 
    objectives with activities presented in chronological order over a two 
    or three period. Timely submission of objective progress reports on 
    work under a grant is essential to continued funding of that grant.
        Applicants may apply for projects of up to 36 months duration. A 
    multi-year project is a project on a single theme that requires more 
    than 12 months to complete and affords the applicant an opportunity to 
    develop and address more complex and in-depth strategies than can be 
    completed in one year. Applicants are encouraged to develop multi-year 
    projects. A multi-year project cannot be a series of unrelated 
    objectives with activities presented in chronological order over a two 
    or three year period.
        The budget period for each multi-year project grant is 12 months. 
    The non-competitive funding for the second and third years is 
    contingent upon the grantee's satisfactory progress in achieving the 
    objectives of the project, according to the approved Objective Work 
    Plan (OWP), the availability of Federal funds, and compliance with the 
    applicable statutory, regulatory and grant requirements, including 
    timely submission of objective progress reports (OPRs).
    
    F. Grantee Share of Project
    
        Grantees must provide at least 20 percent of the total approved 
    cost of the project. The total approved cost of the project is the sum 
    of the Federal share and the non-Federal share. The non-Federal share 
    may be met by cash or through the provision of in-kind property or 
    services, but only to the extent that cash or property is from any 
    source (including any Federal agency) other than a program, contract or 
    grant authorized under the Native American Programs Act of 1974, as 
    amended. Therefore, a project requesting $300,000 in Federal funds 
    (based on an award of $100,000 per budget period for three years), must 
    include a match of at least $75,000 (20% of the total project costs). 
    An itemized budget detailing the applicant's non-Federal share, and its 
    source, must be included in an application. A request for a waiver of 
    the non-Federal share requirement may be submitted in accordance with 
    45 CFR 1336.50(b)(3) of the Native American Program Regulations.
    
    G. Intergovernmental Review of Federal Programs
    
        This program is not covered by Executive Order 12372.
    
    H. The Application Process
    
    1. Availability of Application Forms
    
        In order to be considered for a grant under this program 
    announcement, an application must be submitted on the forms supplied 
    and in the manner prescribed by ANA. The application kits containing 
    the necessary forms and instructions may be obtained from: Department 
    of Health and Human Services, Administration for Children and Families, 
    Administration for Native Americans, room 348F, Hubert H. Humphrey 
    Building, 200 Independence Avenue, SW., Washington, DC 20201-0001, 
    Attention: Rita LeBeau, Phone: (202) 690-5790.
    
    2. Application Submission
    
        One signed original, and two copies of the grant application, 
    including all attachments, must be hand delivered or postmarked by the 
    closing date to: Department of Health and Human Services, 
    Administration for Children and Families, 6th Floor East, 370 L'Enfant 
    Promenade, SW., Washington, DC 20447.
        The application must be signed by an individual authorized (1) to 
    act for the applicant, and (2) to assume the applicant's obligations 
    under the terms and conditions of the grant award, including statutory 
    and regulatory requirements.
    
    3. Application Consideration
    
        The Commissioner of the Administration for Native Americans 
    determines the final action to be taken on each grant application 
    received under this program announcement. The following points should 
    be taken into consideration by all applicants:
         Incomplete applications and applications that do not 
    conform to this announcement will not be accepted for review. 
    Applicants will be notified in writing of any such determination by 
    ANA.
         Complete applications that conform to all the requirements 
    of this program announcement are subjected to a competitive review and 
    evaluation process (discussed in section I below). An independent 
    review panel consisting of reviewers familiar with American Indian 
    Tribes, tribal communities and organizations, and environmental issues 
    evaluates each application against the published criteria in this 
    announcement. The review will result in a numerical score attributed to 
    each application. The results of this review assist the Commissioner in 
    making final funding decisions.
         The Commissioner's funding decision also takes into 
    account the analysis of the application, and recommendations and 
    comments of ANA staff, State and Federal agencies having contract and 
    grant performance related information, and other interested parties.
         The Commissioner makes grant awards consistent with the 
    purpose of the Act, all relevant statutory and regulatory requirements, 
    this program announcement, and the availability of funds.
         After the Commissioner has made decisions on all 
    applications, unsuccessful applicants are notified in writing within 
    approximately 120 days of the closing date. The notification will be 
    accompanied by a critique including recommendations for improving the 
    application. Successful applicants are notified through an official 
    Financial Assistance Award (FAA) document. The Administration for 
    Native Americans staff cannot respond to requests for information 
    regarding funding decisions prior to the official notification to the 
    applicants. The FAA will state the amount of Federal funds awarded, the 
    purpose of the grant, the terms and conditions of the grant award, the 
    effective date of the award, the project period, the budget period, and 
    the amount of the non-Federal matching share requirement.
    
    I. Review Process and Criteria
    
    1. Initial Application Review
    
        Timely applications submitted under this program announcement will 
    undergo a pre-review to determine that:
         The applicant is eligible in accordance with the Eligible 
    Applicants Section of this announcement; and
         The application narrative, forms and materials submitted 
    are adequate to allow the review panel to undertake an in depth 
    evaluation. (All required materials and forms are listed in the Grant 
    Application Checklist in the Application Kit.)
    
    2. Determination of Ineligibility
    
        Applicants who are initially rejected from competitive evaluation 
    because of ineligibility, may appeal an ANA decision of applicant 
    ineligibility. Likewise, applicants may also appeal an ANA decision 
    that an applicant's proposed activities are ineligible for funding 
    consideration. Section 810(b) [42 U.S.C. 2991h] of the Native American 
    Programs Act Amendments provides for an appeals process when ANA 
    determines that an organization or activities are ineligible for 
    assistance. Section 810(b) [42 U.S.C. 2991h] provides that if an 
    application is rejected on the grounds that the applicant is ineligible 
    or that activities proposed by the applicant are ineligible for 
    funding, the applicant may appeal to the Secretary, not later than 30 
    days after the date of receipt of notification of such rejection, for a 
    review of the grounds for such rejection. On appeal, if the Secretary 
    finds that an applicant is eligible or that its proposed activities are 
    eligible, such eligibility shall not be effective until the next cycle 
    of grant proposals are considered by the Administration.
    
    3. Competitive Review of Accepted Applications
    
        Applications which pass the pre-review will be evaluated and rated 
    by an independent review panel on the basis of the five evaluation 
    criteria listed below. These criteria are used to evaluate the quality 
    of a proposed project, and to determine the likelihood of its success.
        The five programmatic and management criteria are closely related 
    to each other. They are considered as a whole in judging the overall 
    quality of an application. Points are awarded only to applications 
    which are responsive to this announcement and these criteria. The five 
    evaluation criteria are:
    
    (1) Long-Range Goals and Available Resources (15 Points)
    
        (a) The application explains how the specific environmental 
    regulatory enhancement goal relates to the proposed project. The 
    description includes local objectives related to the program purpose of 
    this announcement. The discussion should highlight specific 
    environmental regulatory needs and explain how the community intends to 
    achieve the goal. It documents the type of involvement and support of 
    the community in the planning and implementation of the project. The 
    application has a clearly delineated strategy to improve the capability 
    of the governing body of a tribe to regulate environmental quality 
    through enhancing local capacity to perform necessary regulatory 
    functions.
        (b) Available resources (other than ANA) which will assist, and be 
    coordinated with the project, are described. These resources should be 
    documented by letters or documents of commitment of resources, not 
    merely letters of support. ``Letters of support'' merely express 
    another organization's endorsement of a proposed project. Support 
    letters are not binding commitment letters or documents that factually 
    establish the authenticity of other resources. Letters and other 
    documents of commitment are binding in that they specifically state the 
    nature, amount and conditions under which another agency or 
    organization will support a project funded with ANA monies. For 
    example, a letter from another Federal agency or foundation pledging a 
    commitment of $200,000 in construction funding to complement proposed 
    ANA funded pre-construction activity is evidence of a firm funding 
    commitment. These resources may be human, natural or financial, and may 
    include other Federal and non-Federal resources. Applicant statements 
    that additional funding will be sought from other specific sources is 
    not considered a binding commitment of outside resources.
    
    (2) Organizational Capabilities and Qualifications (15 Points)
    
        (a) The management and administrative structure of the applicant is 
    described and explained. Evidence of the applicant's ability to manage 
    a project of the scope proposed is well documented. The application 
    clearly shows the successful management of prior or current projects of 
    similar scope by the organization, and/or by the individuals designated 
    to manage or consult on the project. The tribe itself may not have 
    experience to meet this requirement but the staff and consultants that 
    it has agreed to hire should contain the required experience and 
    capability. The applicant should clearly describe any previous or 
    current activities of all participants in support of environmental 
    regulatory enhancement.
        (b) Position descriptions or resumes of key personnel, including 
    those of consultants, are presented. The position descriptions and 
    resumes relate specifically to the staff proposed in the Approach Page 
    and in the proposed Budget of the application. Position descriptions 
    very clearly describe each position and its duties and clearly relate 
    to the personnel staffing required to achieve the project objectives. 
    Resumes indicate that the proposed staff are qualified to carry out the 
    project activities. Either the position descriptions or the resumes set 
    forth the qualifications that the applicant believes are necessary for 
    overall quality management of the project.
    
    (3) Project Objectives, Approach and Activities (40 Points)
    
        The application proposes specific project objective work plans with 
    activities related to the environmental regulatory enhancement strategy 
    and the overall long-term goals. The objective work plan(s) in the 
    application include(s) project objectives and activities for each 
    budget period proposed and demonstrates that each of the objectives and 
    its activities:
         Are measurable and/or quantifiable in terms of results or 
    outcomes;
         Are based on the fully described and locally determined 
    strategy narrative for environmental regulatory enhancement;
         Clearly relate to the community's long-range environmental 
    goals which the project addresses;
         Can be accomplished with the available or expected 
    resources during the proposed project period;
         Indicate when the objective, and major activities under 
    each objective, will be accomplished;
         Specify who will conduct the activities under each 
    objective; and,
         Support a project that will be completed, self-sustaining, 
    or financed by other than ANA funds at the end of the project period.
    
    (4) Results or Benefits Expected (20 Points)
    
        The proposed objectives will result in specific, measurable 
    outcomes to be achieved that will clearly contribute to the completion 
    of the overall project and will help the community meet its 
    environmental goals. The specific information provided in the narrative 
    and objective work plans on expected results or benefits for each 
    objective is the standard upon which its achievement can be evaluated 
    at the end of each budget year.
    
    (5) Budget (10 Points)
    
        There is a detailed budget with comprehensive narrative provided 
    for each budget period requested. The budget is fully explained. It 
    justifies each line item in the budget categories in Section B of the 
    Budget Information of the application, including the applicant's non-
    Federal share and its source. Sufficient cost and other detail is 
    included and explained to facilitate the determination of cost 
    allowability and the relevance of these costs to the proposed project. 
    The funds requested are appropriate and necessary for the scope of the 
    project.
    
    J. Guidance to Applicants
    
        The following is provided to assist applicants in developing a 
    competitive application.
    
    1. Program Guidance
    
         The Administration for Native Americans funds projects 
    that present the strongest prospects for fulfilling a community's 
    environmental regulatory enhancement goals. The Administration for 
    Native Americans does not fund on the basis of need alone.
         In discussing the goals, strategy, and problems being 
    addressed in the application, include sufficient background and/or 
    history of the community concerning environmental issues and/or 
    progress to date, as well as the size of the population to be served.
         An application should describe a clear relationship 
    between the proposed project and the community's long-range 
    environmental goals or plan.
         The project application must clearly identify in 
    measurable terms the expected results, benefits or outcomes of the 
    proposed project, and its positive or continuing impact on the 
    community.
         Supporting documentation or other testimonies from 
    interested parties other than the applicant should be included to 
    provide support for the feasibility and the commitment of other 
    resources to implement or conduct the proposed project.
         In the ANA Project Narrative, Section A of the application 
    package, Resources Available to the Proposed Project, the applicant 
    should describe any specific financial circumstances which may impact 
    on the project, such as any monetary or land settlements made to the 
    applicant, and any restrictions on the use of those settlements. When 
    the applicant appears to have other resources to support the proposed 
    project and chooses not to use them, the applicant should explain why 
    it is seeking ANA funds and not utilizing these resources for the 
    project.
         ANA defines ``environmental regulatory enhancement'' as 
    encompassing (but not limited to) the planning, development, and 
    application of laws, training, monitoring, and enforcement procedures, 
    tribal courts, environmental laboratories and other facilities, and 
    associated regulatory activities to strengthen the tribal government's 
    capacity to enhance the quality of reservation life as measured by the 
    reduction of pollutants in the air, water, soil, food and materials 
    encountered by inhabitants of tribes and villages.
    
    2. Technical Guidance
    
         It is strongly suggested that the applicant follow the 
    Supplemental Guide included in the ANA application kit to develop an 
    application. The Guide provides practical information and helpful 
    suggestions, and is an aid to help applicants prepare ANA applications 
    for environmental regulatory enhancement projects.
         Applicants are encouraged to have someone other than the 
    author apply the evaluation criteria in the program announcement and to 
    score the application prior to its submission, in order to gain a 
    better sense of the application's quality and potential competitiveness 
    in the ANA review process.
         There is no maximum or minimum amount of Federal funds 
    that may be requested.
         For purposes of developing an application, applicants 
    should plan for a project start date approximately 120 days after the 
    closing date.
         The Administration for Native Americans will accept only 
    one application from any one applicant. If an eligible applicant sends 
    in two applications, the one with the earlier postmark will be accepted 
    for review unless the applicant withdraws the earlier application.
         An application from a Federally recognized tribe or an 
    organization serving members of a Federally recognized tribe must be 
    from the governing body of the tribe.
         The application's Form 424 must be signed by the 
    applicant's representative authorized to act with full authority on 
    behalf of the applicant.
         The Administration for Native Americans recommends that 
    the pages of the application be numbered sequentially from the first 
    page, and that a table of contents be provided. This allows for easy 
    reference during the review process. Simple tabbing of the sections of 
    the application is also helpful to the reviewers.
         Two copies of the application plus the original are 
    required.
         The Cover Page (included in the Kit) should be the first 
    page of an application, followed by the one-page abstract.
         The Approach page (Section B of the ANA Program Narrative) 
    for each Objective Work Plan proposed should be of sufficient detail to 
    become a monthly staff guide for project responsibilities if the 
    applicant is funded.
         The applicant should specify the entire project period 
    length on the first page of the Form 424, Block 13, not the length of 
    the first budget period. If the application narrative and Form 424 
    propose different project periods, ANA will consider the project period 
    specified on the Form 424 as governing.
         Line 15a of the 424 should specify the Federal funds 
    requested for the first Budget Period, not the entire project period.
         Applicants proposing multi-year projects must fully 
    describe each year's project objectives and activities. Separate 
    Objective Work Plans (OWPs) must be presented for each project year and 
    a separate itemized budget of the Federal and non-Federal costs of the 
    project for each budget period must be included.
         Applicants for multi-year projects must justify the entire 
    time-frame of the project (i.e., why the project needs funding for more 
    than one year) and clearly describe the results to be achieved for each 
    objective by the end of each budget period of the total project period.
    
    3. Projects or Activities That Generally Will Not Meet the Purposes of 
    This Announcement
    
         Projects in which a grantee would provide training and/or 
    technical assistance (T/TA) to other tribes or Native American 
    organizations (``third party T/TA''). However, the purchase of T/TA by 
    a grantee for its own use or for its members' use (as in the case of a 
    consortium), where T/TA is necessary to carry out project objectives, 
    is acceptable.
         Projects that request funds for feasibility studies, 
    plans, or written materials, such as manuals, that are not an essential 
    part of the applicant's environmental regulatory enhancement strategy. 
    The Administration for Native Americans is not interested in funding 
    `wish lists.' The Administration for Native Americans expects written 
    evidence of the solid investment of time and consideration on the part 
    of the applicant with regard to proposed projects.
         Core administration functions, or other activities, that 
    essentially support only the applicant's on-going administrative 
    functions.
         Proposals from consortia of tribes that are not specific 
    with regard to support from, and roles of, member tribes. The 
    Administration for Native Americans expects an application from a 
    consortium to have goals and objectives that will create positive 
    impacts and outcomes in the communities of its members. In situations 
    where both consortia of tribes and individual consortia tribal members 
    receive ANA funding, ANA expects that consortia groups will not seek 
    funding that duplicates what their member tribes are doing.
         Projects which should be supported by other Federal 
    funding sources that are appropriate, and available, for the proposed 
    activity.
         Projects that will not be completed, self-sustaining, or 
    supported by other than ANA funds, at the end of the project period.
         The purchase of real estate (see 45 CFR 1336.50 (e)) or 
    construction.
         Projects originated and designed by consultants who 
    provide a major role for themselves in the proposed project and are not 
    members of the applicant organization, tribe or village.
        The Administration for Native Americans will critically evaluate 
    applications in which the acquisition of major capital equipment is a 
    major component of the Federal share of the budget. During negotiation, 
    such expenditures may be deleted from the budget of an otherwise 
    approvable application, if not fully justified by the applicant and not 
    deemed appropriate to the needs of the project by ANA.
    
    K. Paperwork Reduction Act of 1980
    
        Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, the 
    Department is required to submit to the Office of Management and Budget 
    (OMB) for review and approval any reporting and record keeping 
    requirements in regulations including program announcements. This 
    program announcement does not contain information collection 
    requirements beyond those approved for ANA grant applications under the 
    Program Narrative Statement by OMB.
    
    L. Due Date for Receipt of Applications
    
        The closing date for applications submitted in response to this 
    program announcement is June 17, 1994.
    
    M. Receipt of Applications
    
        Applications must either be hand delivered, or postmarked by the 
    closing date, to the address in Section H, The Application Process: 
    Application Submission.
        The Administration for Native Americans will not accept 
    applications submitted via facsimile (FAX) equipment.
        Deadlines. Applications mailed through the U.S. Postal Service or a 
    commercial delivery service shall be considered as meeting an announced 
    closing date if they are either: (1) Received on or before the deadline 
    date at the address specified in Section H, Application Submission, or 
    (2) postmarked by the deadline date and received in time for the ANA 
    independent review. (Applicants are cautioned to request a legible 
    postmark date from the U.S. Postal Service. Private metered postmarks 
    shall not be acceptable as proof of timely mailing.)
        Late applications. Applications which do not meet the criteria in 
    the above paragraph of this section are considered late applications 
    and will be returned to the applicant. The Administration for Native 
    Americans shall notify each late applicant that its application will 
    not be considered in the current competition.
        Extension of deadlines. The Administration for Native Americans may 
    extend the deadline for all applicants because of acts of God such as 
    floods, hurricanes, etc., or when there is a widespread disruption of 
    the mails. However, if ANA does not extend the deadline for all 
    applicants, it may not waive or extend the deadline for any applicant.
    
    (Catalog of Federal Domestic Assistance Program Number 93.612)
    
        Dated: January 24, 1994.
    Dominic Mastrapasqua,
    (Acting) Commissioner, Administration for Native Americans.
    [FR Doc. 94-8273 Filed 4-6-94; 8:45 am]
    BILLING CODE 4184-01-P
    
    
    

Document Information

Published:
04/07/1994
Department:
Children and Families Administration
Entry Type:
Uncategorized Document
Action:
Announcement of availability of competitive financial assistance for American Indian Tribes for environmental regulatory enhancement projects.
Document Number:
94-8273
Dates:
The closing date for submission of applications is June 17, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: April 7, 1994