[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35809-35811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17171]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Fiscal Year (FY) 1996 Indian Child Welfare Act (ICWA) Grant
Program, Availability of Title II ICWA Funds for Off-Reservation Indian
Organizations
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice of availability of grant funds.
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SUMMARY: Title II of the Indian Child Welfare Act of 1978, Public Law
95-608, makes grant funds available to off-reservation Indian
organizations from the Bureau of Indian Affairs (BIA), Department of
the Interior, for the purpose of establishing and operating off-
reservation Indian child and family service programs.
DATES: The closing date for the receipt of applications for all
applicants is August 2, 1996.
ADDRESSES: Applications must be mailed or hand-delivered to the
appropriate Area Office of the Bureau of Indian Affairs listed in Part
IV of this announcement.
FOR FURTHER INFORMATION CONTACT:
The Bureau of Indian Affairs' area office nearest to the applicant, or
Betty Tippeconnie, BIA Office of Tribal Services, Mail Stop 4603-MIB,
1849 C Street, N.W., Washington, D.C. 20240. Telephone (202) 208-2721.
SUPPLEMENTARY INFORMATION: This notice is published in exercise of
authority delegated by the Secretary of the Interior to the Assistant
Secretary--Indian Affairs (Assistant Secretary) by 209 DM 8. Pursuant
to 25 CFR Part 23, the Assistant Secretary hereby announces procedures
necessary for eligible off-reservation Indian organizations to compete
for a national allocation of $866,000 in FY 1996 Title II ICWA grant
funds.
ICWA applications for one year grants will be accepted under this
notice. Applications must comply with all applicable requirements and
criteria specified in Subpart D, 25 CFR Part 23. Copies of 25 CFR Part
23 ICWA grant regulations may be obtained from the Area Social Workers
listed in Part IV of this notice. It is important that applicants
carefully review all requirements detailed in this notice relative to
application contents, deadlines, and other special instructions.
Applications not received by Close of Business on August 2, 1996 will
not be considered in the competition.
In accordance with 25 CFR Part 23.42, it is incumbent upon
prospective grant applicants to request technical assistance from the
appropriate Area Director. The deadline for the receipt of requests for
technical assistance is 10 days prior to the close of the application
deadline.
Part I. General Information
A. Background
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,
and local programs which strengthen and preserve Indian families and
Indian tribes. Thus, applicants are encouraged to design their ICWA
programs/activities to integrate with or complement existing child and
family service programs or those administered by the applicant.
Section 202 of the Indian Child Welfare Act of 1978 (Public Law 95-
608, 25 U.S.C. 1932) authorizes the Secretary to make grants to off-
reservation Indian organizations to establish and operate off-
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. These programs are intended to promote the
Indian Child Welfare Act of 1978 (25 U.S.C. chapter 21).
This notice provides information on the FY 1996 ICWA grant
application process for eligible off-reservation Indian organizations
to compete for FY 1996 ICWA grant funds.
B. Eligible Applicants
The Board of Directors of any nonprofit off-reservation Indian
organization may apply for a grant under this announcement. A new
application for projects of one year's duration may be submitted in
response to this announcement. An applicant may not submit more than
one application nor be a beneficiary of more than one grant under this
or other prior notices.
C. Purpose of Off-Reservation Grants
The purpose of every Indian child and family services program shall
be to prevent the breakup of Indian families, and ensure that the
permanent removal of an Indian child from the custody of his/her Indian
parent or custodian shall be a last resort. Off-reservation Indian
child and family service programs may include, but are not limited to:
(1) A system for regulating, maintaining, and supporting Indian
foster and adoptive homes, including a subsidy program under which
Indian adoptive children may be provided support comparable to that for
which they would be eligible as Indian foster children, taking into
account the appropriate state standards of support maintenance and
medical needs;
(2) The operation and maintenance of facilities and services for
the counseling and treatment of Indian families and Indian foster and
adoptive children with the goal of strengthening and stabilizing Indian
families;
(3) Family assistance (including homemaker services and home
counselors), protective day care and after school care, employment
support services, recreational activities, and respite care with the
goal of strengthening Indian families and contributing toward family
stability; and
(4) Guidance, legal representation and advice to Indian families
involved in state child custody proceedings.
Part II
A. Available Funds
In FY 1996, off-reservation Indian organizations will compete for a
national allocation of $866,000, which will be evenly distributed to
the BIA's twelve area offices in the amount of $72,166.66 per area.
Pursuant to 25 CFR 23.34, Area Directors will determine
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and award the appropriate grant amounts to approved off-reservation
Indian organizations within their respective jurisdictions. The grant
amounts awarded shall be based on an applicant's service area
population and shall not exceed the funding levels identified in the
table below:
------------------------------------------------------------------------
Maximum
Applicant's service area population ICWA grant
amount
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500-1,500.................................................. $10,000
1,501-3,000................................................ 15,000
3,001-5,000................................................ 20,000
5,001-8,000................................................ 25,000
8,001-20,000............................................... 30,000
20,001-40,000.............................................. 35,000
40,001-60,000.............................................. 40,000
60,001-90,000.............................................. 45,000
90,001-150,000............................................. 55,000
150,001-200,000............................................ 65,000
over 200,001............................................... 72,166.66
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Under no circumstances may any off-reservation Indian organization
receive Indian Child Welfare Act grant funds greater than the maximum
grant amount of $72,166.66 either through a direct grant or through
subgranting procedures with approved applicants.
No ICWA grant funds will be withheld at the Central Office for
appeals related to off-reservation funding levels; therefore, approved
applications will be funded strictly on the basis of funds available to
each area office and in accordance with the funding amounts published
in this grant notice. The decisions of Area Directors on funding levels
are final and are not subject to appeal.
B. Service Eligibility
The service area population is the total number of Indians eligible
for services under 25 CFR 23.50(b) in the geographical area to which an
off-reservation Indian organization can realistically provide the
services proposed in the application. The service area population is
used only to determine the maximum grant amount for which an applicant
may be eligible.
For purposes of eligibility for services provided under 25 U.S.C.
1932 and 1933 of the Act, any person meeting the definition of Indian,
Indian child, Indian custodian, or Indian parent of any unmarried
person under the age of 18 as defined in 25 CFR Section 23.2, or the
definition of Indian as defined in 25 U.S.C. 1603(c), shall be eligible
for ICWA services.
The applicant's service area population figures must be based upon
substantiated, identifiable statistical sources. Applicants must submit
copies of recent statistical data from sources which support their
service area figures, such as off-reservation State/county population
figures, U.S. Census data, or off-reservation service area population
data maintained by the Indian Health Service for urban Indian
populations.
Part III. Application Selection Criteria
A. Statutory Authority
The BIA's Indian ChildWelfare Act grants program is authorized by
Title II of Public Law 95-608, the Indian Child Welfare Act of 1978 (25
U.S.C. 1901 et seq.; 25 CFR Part 23). All grant applications submitted
under this notice shall be scored individually and recommended for
grant awards in compliance with the application procedures, mandatory
application requirements, and the application selection criteria
specified in Subpart D, 25 CFR Part 23.
B. Closing Date for Receipt of Applications for All Applications
The closing date for receipt of applications under this grant
notice is Close of Business on August 2, 1996, for all applicants. All
applications for off-reservation Indian Child Welfare Act grants must
be received by the appropriate BIA Area Director, as specified in 25
CFR 23.31 and 25 CFR 23.11, on or before 5:00 p.m. or the official
Close of Business for that office on the closing date of the
application period. The names and addresses of all BIA area offices are
listed in Part IV of this notice. Hand-delivered applications will be
accepted during normal work hours, Monday through Friday. Postmarks
will not be considered as meeting the deadline. Applications that do
not meet the deadline for the receipt of applications will not be
considered in the competitive review.
C. Mandatory Application Requirements for All Applicants
Pursuant to 25 CFR 23.33(a), an application for a one-year
competitive grant under Subpart D, 25 CFR Part 23, shall be submitted
to the appropriate Area Director. All mandatory application
requirements for Indian organization applicants specified at 25 CFR
23.33(b) must be met. An application missing any of the mandatory
requirements will not be reviewed further.
In addition to the foregoing requirements, existing ICWA grantees
must submit a copy of a satisfactory program evaluation for the
previous year of operation from the appropriate area office in order to
be considered for funding in FY 1996 (25 CFR 23.33(e)).
The grant application shall be no longer than 40 double-spaced
pages, excluding the appendix. The table of contents and appendices
will not be counted toward the maximum length. It is recommended that
the appendix be no longer than 20 pages. If an application is longer
than the established page limitation, only the first 40 double-spaced
or first 20 single-spaced pages will be reviewed. All applicants must
submit one original application and three copies of the complete
application to the respective Area Director.
Information included in the appendix should relate specifically to
the application. The appendix may include, but is not limited to the
following: resolutions, support letters, position descriptions, current
or recent fiscal, management, or accounting certification, operational
internal monitoring systems, and non-profit status documentation.
In accordance with 25 CFR 23.41, grantees must adhere to and comply
with all the general and uniform grant administration provisions and
requirements specified at 25 CFR Part 276 and those identified in
Subpart E, 25 CFR 23. Failure to meet and comply with these regulatory
requirements may result in suspension, cancellation and/or termination
of program funds.
D. Competitive Application Selection Criteria
The Area Director or his/her designated representative shall select
those proposals which will in his/her judgment best promote the
purposes of the Indian Child Welfare Act. Selection shall be made
through the area review committee process in which each application
will be scored individually and ranked according to score, taking into
consideration the mandatory requirements as specified above and the
competitive application selection criteria specified at 25 CFR 23.33.
E. Scoring and Grant Application Selection Criteria
Upon receipt of an application for an off-reservation grant under
Subpart D, 25 CFR 23, the appropriate Area Director shall comply with
the application review and decision making procedures specified at 25
CFR 23.33 and 23.34.
An application shall not receive approval for funding under the
area competitive review and scoring process unless a review of the
application determines that it:
(1) Contains all the information required in 25 CFR 23.33(b) and
which must have been received by the close of the application period.
Modifications of the grant application received after the
[[Page 35811]]
close of the application period shall not be considered in the
competitive review process; and
(2) Receives at least a minimum score of 85 points in an area
competitive review, using the competitive application selection
criteria and scoring process set out in 25 CFR 23.33 and 23.34.
If two or more applications receive the same competitive score, the
applicant with the largest service area population will receive
priority funding consideration. At least one approved applicant per
area will be funded, provided, that the applicants fully meet the
competitive selection criteria cited above.
The actual funding amounts awarded for the FY 1996 grant year shall
be subject to appropriations available nationwide and the amount of
funds available within the respective area office. Final funding
decisions for all approved grant applications under Subpart D, 25 CFR
23, rest with respective Area Director and are not subject to appeal.
F. Grant Review and Award Process
The Area Director shall review each application through a
competitive process and take the appropriate course of action on all
off-reservation ICWA grant applications received in response to this
notice in accordance with the established requirements and time frames
in 25 CFR Parts 23.33(a) and 23.34, respectively. Grant award documents
shall be executed and actual grant amounts awarded as expeditiously as
possible by the respective Area Director.
No ICWA grant funds will be withheld at the Central Office for
purposes of appeals related to funding levels.
G. Appeals
A grantee or applicant may appeal any decision made or action taken
by the Area Director under Subpart D, 25 CFR 23, that is alleged to be
in violation of the U.S. Constitution, Federal statutes, or regulations
of this part. These appeals shall be filed with the Interior Board of
Indian Appeals in accordance with 25 CFR 2.4(e); 43 CFR 4.310 through
4.318 and 43 CFR 4.330 through 4.340. An applicant may not appeal a
score assigned to its application or the amount of grant funds awarded.
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);
25 CFR 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 the 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' Area Director. The following
is a listing of the 12 BIA Area Social Workers designated by the Area
Directors to receive ICWA grant applications from off-reservation
Indian organizations.
Aberdeen Area Office: Gerald Gallegos; 115 4th Avenue, S.E.;
Aberedeen, SD 57401; 605/226-7351.
Albuquerque Area Office: Joseph Naranjo; 615 1st Street N.W.; P.O.
Box 26567; Albuquerque, NM 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, OK 73005; 405/247-6673 ext.
257.
Billings Area Office: Louise Zokan-Delos Reyes; 316 North 26th
Street; Billings, MT 59101; 406/247-7988.
Eastern Area Office: James Sanders; 3701 N. Fairfax Drive; Suite
260; Arlington, VA 22203; 703/235-2353.
Juneau Area Office: Jimmie Clemmons; 709 West 9th Street; Federal
Building, Room 301A; Juneau, AK 99801; 907/586-7628.
Minneapolis Area Office: Rosalie Clark; 331 South Second Avenue;
7th floor; MN 55401; 612/373-1182.
Muskogee Area Office: Lafonda Mathews; Federal Courthouse Building;
101 North 5th Street; Muskogee, OK 74401-6206, 918/687-2507.
Navajo Area Office: Vivian Hailstorm; 301 West Hill St.; P.O. Box
1060; MC-440, Gallup, NM 87301; 505/863-8215.
Phoenix Area Office; Evelyn S. Roanhorse; 1 North First Street;
P.O. Box 10; Phoenix, AZ 85001; 602/379-6785.
Portland Area Office: Robert C. Carr; 911 N.E. 11th Avenue;
Portland, OR 97232-4169; 503/231-6783.
Sacramento Area Office: Kevin Sanders; Federal Office Building;
2800 Cottage Way; Sacramento, CA 95825; 916/978-2545.
Dated: June 28, 1996.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 96-17171 Filed 7-5-96; 8:45 am]
BILLING CODE 4310-02-M
