[Federal Register: December 21, 2005 (Volume 70, Number 244)]
[Notices]
[Page 75821-75823]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21de05-61]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
Native American Programs
AGENCY: Administration for Native Americans (ANA).
ACTION: Notice of Final Issuance ANA Program Policies and Procedures.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 814 of the Native American Programs Act of
1974 (the Act) as amended by 42 U.S.C. 2991 et seq., ANA herein
describes its issuance of final interpretive rules, general statements
of policy and rules of agency procedure or practice in relation to the
Social and Economic Development Strategies (SEDS), Native Language
Preservation and Maintenance (hereinafter referred to as Native
Language), Environmental Regulatory Enhancement (hereinafter referred
to as Environmental), Environmental Mitigation (hereinafter referred to
as Mitigation) programs and any Special Initiatives. Under the statute,
ANA is required to provide members of the public an opportunity to
comment on proposed changes in interpretive rules, statements of
general policy and rules of agency procedure or practice and to give
notice of the final adoption of such changes at least thirty (30) days
before the changes become effective. The notice also provides
additional information about ANA's plan for administering the programs.
FOR FURTHER INFORMATION CONTACT: Sheila K. Cooper, Director of Program
Operations, toll-free at (877) 922-9262.
SUPPLEMENTARY INFORMATION: Section 814 of the Native American Programs
Act of 1974, as amended, requires ANA to provide notice of its proposed
interpretive rules, statements of policy and rules of agency
organization, procedure or practice. In accordance with statute, these
clarifications, modifications and new text will appear in the ANA FY06
Program Announcements (PAs) for SEDS, Native Language, Environmental,
Mitigation and SEDS Special Initiatives. This notice serves to fulfill
this requirement.
Additional Information: ANA received one public comment from a
Federally recognized Tribe. The commenter provided a comment on the
electronic application submission topic and general comments that ANA
will respond to under separate correspondence that do not address the
Notice of Public Comment (NOPC). The following NOPC items will be
considered as the final FY06 ANA
[[Page 75822]]
interpretive rules, statements of policy and rules of agency
organization, procedure or practice.
I. Environmental Regulatory Enhancement
ANA Evaluation Criteria
Project Approach: In an effort to adhere to the Congressional
intent of the legislation and to clarify the program purpose that has
historically prompted numerous questions and created application and
project development inconsistencies, ANA will now request the following
information from applicants to be addressed within the ANA evaluation
criterion:
Applicants are required to describe a land base or other resource,
i.e., river or body of water, over which they exercise jurisdiction to
implement Tribal regulation of environmental quality.
II. Definitions
The following definition will be used in the appropriate program-
specific FY06 PAs. ANA has clarified many areas that applicants have
historically found difficult to understand and that have previously
prompted numerous questions and created application and project
development inconsistencies. The ANA PAs will now include an additional
definition for the following term:
Logic Model: A logic model is a systematic and visual way to
present and share your understanding of the relationships among the
resources you have to operate your program, the activities you plan and
the changes or results you hope to achieve.
III. Impact Monitoring
Section 811(a)(1) of the Act requires that the Commissioner provide
for the evaluation of projects assisted under this title, including
evaluations that describe and measure the impact of such projects,
their effectiveness in achieving stated goals, their impact on related
programs and their structure and mechanisms for delivery of services.
Section 811(a)2 of the Act requires that ANA evaluate projects awarded
under the Act not less frequently than once every third year. ANA will
consider (1) geographic location; (2) grant award amount; and (3)
length of project period, when selecting projects for evaluation.
Grantees will be given a notification of ANA's intent to review thirty
(30) days prior to the on-site evaluation. Evaluations shall be
conducted by persons not directly involved in the administration of the
project evaluated.
In FY03 ANA began a process to enhance its capacity to conduct
program monitoring and evaluation. This process allows ANA to monitor
the completion of applicant project goals, the use of Federal funds,
and the applicant's success in accomplishing its project mission. The
process includes improving ANA's capacity through enhanced information
technology systems to track performance-based indicators such as jobs,
project outcomes and community impacts. Each applicant for ANA funding
must propose a stand-alone project that will be completed or self-
sustained by the end of the grant term, and must have measurable
results. (See Notice of Public Comment on the Proposed Adoption of ANA
Program Policies and Procedures: 68 FR 64686; November 14, 2003.)
Performance indicators have been introduced as application criteria
and are measurement descriptions used to identify outcomes or results
of the project. Outcomes or results must be measurable to determine
that the project achieved its desired objective and can be
independently verified through monitoring and evaluation. (Legal
authority: Sections 803(a) and (d) and 803C of the Native American
Programs Act of 1974 as amended by 42 U.S.C. 2991b and 2991b-3.) (See
Notice of Public Comment on the Adoption of Impact Indicators: 70 FR
6686 February 8, 2005.)
In addition, ANA Training and Technical Assistance (T/TA) providers
will be performing on-site technical assistance visits for those
grantees identified as potentially at-risk for project implementation.
IV. Training and Technical Assistance On-Site Activity
45 CFR 74.51(g) and 92.40(e) allow Department of Health and Human
Services staff or representatives to conduct on-site monitoring of
grantees as warranted by program needs. Based on the authority
provided, on-site monitoring and evaluation is necessary to determine
if the amount awarded is a productive and effective use of funds and
serves the community's needs. When determined as appropriate, ANA's T/
TA providers will conduct an on-site visit to validate progress and
outcomes proposed by the grantee to ensure project integrity and to
offer technical assistance and guidance to support project activities.
Such instances when an on-site visit is deemed appropriate are: Non-
submission or untimely progress reporting; delayed start in project
implementation; inconsistent Federal funds draw-downs in relation to
approved work plan; or other grant/project management concerns.
In the case of a multi-year grant, this activity will help ANA
determine if continued funding is justified. In addition, 45 CFR
1336.40 requires that progress reports and continuation applications
from ANA grantees contain sufficient information for ANA to determine
the extent to which the recipient satisfies ANA project evaluation
standards. Sufficient information means information adequate to enable
ANA to compare the recipient's accomplishments with the goals and
activities of the grantee's approved work plan and with ANA project
evaluation criteria. Grantees identified as potentially at-risk for
project implementation will receive an on-site visit by one of ANA's T/
TA providers. In collaboration, the T/TA provider and the grantee will
identify challenges or barriers to the project and develop a plan to
bring the project into compliance with its approved Objective Work
Plan. On-site visits shall be conducted by persons not directly
involved in the administration of the project.
V. Electronic Application Submission
Pursuant to the Federal Financial Assistance Management Improvement
Act (Pub. L. 106-107), HHS is improving the efficiency and coordination
of its grant-making processes by participating in the Federal
Government's Grant Streamlining Initiative. For all FY06 competitions,
ANA will participate in the Grants.gov process, which allows applicants
the opportunity to submit applications electronically. Applicants are
not required to submit electronically and can still submit hard copy
applications. The applicant is responsible for ensuring on-time
electronic submission is fully achieved. The following activities and
application submission requirements will become effective in FY06:
ANA will no longer publish PAs in the Federal Register.
Official ANA PAs will be posted on the Grants.gov Web site. PAs will
also be posted on the ANA Web site and on the ANA T/TA providers' Web
sites.
Due to limitations on the number of times the Objective
Work Plan form can be replicated within the Grants.gov system,
applicants will be limited to no more than six (6) project objectives
per budget period. This limitation applies to all applicants regardless
of type of submission format: Hard copy or electronic submission.
Comment and Response
Discussion on Comment: The commenter recommended that ANA
[[Page 75823]]
monitor the electronic grants process of another Federal agency in
order to ensure that the ACF process proceeds in an efficient and
timely manner.
Response: ANA, in compliance with Public Law 106-107, must offer an
electronic grants submission venue; however, the public is not required
to submit grant applications via the Grants.gov system. ANA will
monitor the electronic submission process for ANA grant applications
through the Grants.gov system throughout the upcoming fiscal year.
VI. Environmental Mitigation
ANA received pass-through funds from the Department of Defense for
Tribes and Tribal organizations to offset the effects of military
actions at Formerly Used Defense Sites (FUDS). ANA will announce the
availability of these funds in FY06. A request for financial assistance
in this program area does not require a non-Federal share match
requirement.
VII. SEDS Special Initiatives
ANA has the discretionary authority to make awards in support of
special initiatives, including but not limited to, healthy marriage and
relationships, fatherhood, positive youth development and emergency
support to Native communities affected by man-made or natural
disasters. In FY06, ANA will announce the availability of funding for
special initiatives when practicable. A request for financial
assistance for any of the special initiatives will require a non-
Federal share match requirement.
VIII. Post Award Training
ANA, through contracted services, conducts regional post award
training. Past practice has been to provide funding to new grantees for
attendance at this training in order to provide additional assistance
and information on managing a Federal award. In FY06, ANA will require
all applicants to include in their Federal budget request the costs
associated for the proposed project's finance person and the project
manager to attend this regional training. It is determined that due to
many reasons, largely grantee staff turnover, every grantee receiving
an ANA award will benefit from the information provided at post award
training; therefore, the expense is considered reasonable for all
applicants to include in their budget request and also reflect in the
activity in their Objective Work Plans.
IX. ANA Administrative Policy
The following policy will be used in all FY06 PAs. ANA has
clarified many areas that applicants have historically found difficult
to understand and that have previously prompted numerous questions and
created application and project development inconsistencies. The ANA
PAs will now include this clarified policy:
If the applicant, other than a Tribe or an Alaska Native
Village government, is proposing a project benefiting Native Americans,
Alaska Natives, or both, it must provide assurance that its duly
elected or appointed board of directors is representative of the
community to be served. An applicant's governing board will be
considered representative of the community to be served if the
applicant demonstrates that at least a majority of the board
individuals fall into one or more of the following categories: (1) A
current or past member of the community to be served; (2) a prospective
participant or beneficiary of the project to be funded; (3) have
experience working with the community to be served by the project; or
(4) have a cultural relationship with the community be to served.
Dated: December 14, 2005.
Quanah Crossland Stamps,
Commissioner, Administration for Native Americans.
[FR Doc. E5-7592 Filed 12-20-05; 8:45 am]
BILLING CODE 4184-01-P