Availability of Financial Assistance To Investigate the Feasibility of Tribal Energy Sales

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. 93612-002]

Availability of Financial Assistance To Investigate the

Feasibility of Tribal Energy Sales

AGENCY: Administration for Native Americans (ANA), ACF, DHHS.

ACTION: Announcement of availability of competitive financial

assistance to assist eligible applicants with integrated planning that

examines and develops Tribal regulatory, management and energy

conservation capabilities and opportunities available. Planning

activities is an approach to addressing the mitigation of Indian lands

due to DOD activities to Indian lands.

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SUMMARY: The Administration for Native Americans (ANA) has cancelled

the January 22, 1999 announcement, which announced the availability of

financial assistance for the mitigation of environmental impacts on

Indian lands due to Department of Defense Activities. (Program

Announcement No. 93612-993) The cancellation of the January 22, 1999

announcement was published in the Federal Register on September 14,

1999. (Program announcement No. 93612-0002)

The Congress has recognized that DOD activities may have caused

environmental problems for Indian tribes and Alaska Natives. These

environmental hazards can negatively impact the health and safety as

well as the social and economic welfare of Indian tribes and Alaska

Natives. Accordingly, the Congress has taken steps to help those

affected begin to mitigate environmental impacts from DOD activities by

assisting them in the planning, development and implementation of

programs for such mitigation. This environmental mitigation program was

begun through a program announcement published on December 29, 1993 as

a response to the Department of Defense Appropriations Act, Pub. L.

103-139, which was enacted on November 11, 1993.

This program continues under Pub. L. 103-335 (the Act), enacted on

September 30, 1994. Section 8094A of the Act states that funds

appropriated to the Department of Defense (DOD) for Operations and

Maintenance Defense-Wide, not less than $8,000,000 shall be made

available until expended to the Administration for Native Americans.

Provided that such funds shall be made available only for the

mitigation of environmental impacts, including training and technical

assistance to tribes, related administrative support, the gathering of

information, documenting of environmental damage, and developing a

system for prioritizing of mitigation, on Indian lands resulting from

Department of Defense activities. This program announcement primarily

focuses on planning projects that investigate the feasibility of tribal

energy sales through energy development, as a means of mitigating

Indian lands. Mitigation as defined in 40 CFR 1508.20 includes ``(e)

Compensating for the impact by replacing or providing substitute

resources or environments''.

Application Kit

Application kits, are approved by the OMB under control number

0980-0204, which expired August 31, 1999. ANA has asked OMB for a six-

month extension to use the kit while a new version is developed,

reviewed and approved. We anticipate that the new kit will be available

in January 2000. The current kit remains valid and contains the

necessary forms and instructions to apply for a grant under this

program announcement.

Application kits may be obtained from ANA training and technical

assistance providers. ANA employs contractors to provide short-term

training and technical assistance (T/TA) to eligible applicants. T/TA

is available under these contracts for a wide range of needs; however,

the contractors are not authorized to write applications. The T/TA is

provided at no cost.

To obtain an application kit and/or training and technical

assistance, applicants are encouraged to contact the appropriate T/TA

provider within the appropriate service area. Each contractor's

telephone number is listed below. You may also call: Administration for

Native Americans, Applicant Help Desk, 202-690-7776; or visit ANA's web

site listing of current providers at: www.acf.dhhs.gov/programs/ana.

The ANA technical assistance providers for this announcement are in

four areas divided as follows:

Area I, Eastern serves federally recognized Tribes in AL, AR, CT,

DE, FL, GA, IL, IN, KY, KS, LA, MA, MD, ME, MI, MN, MS, NC, NH, NJ, NY,

OH, PA, RI, SC, TN, VA, VT, WI, and WV. (Native American Management

Services, Inc. 888-221-9686 toll free or 703-821-2226)

Area 2, Central federally recognized Tribes in AZ, CO, IA, KS, ND,

ND, NE, NM, MO, MT, OK, SD, UT, WY, NV, ID, and TX. (RJS and

Associates, Inc. 888-838-4757 toll free)

Area 3, Western serves federally recognized Tribes in CA, OR and

WA. (Development Associates, Inc. 800-666-9711 toll free or (925-935-

9711)

Area 4, Alaska serves all eligible applicants in AK. (Native

American Management Services, Inc. 877-770-6230 toll free or 907-770-

6230)

Copies of this program announcement and many of the required forms

may be obtained electronically at the ANA World Wide Web Page:

www.acf.dhhs.gov/programs/ana.

The printed Federal Register notice is the only official program

announcement. Although all reasonable efforts are taken to assure that

the files on the ANA World Wide Web Page containing electronic copies

of the Program Announcement are accurate and complete, they are

provided for information only. The applicant bears sole responsibility

to assure that the copy downloaded and/or printed from any other source

is accurate and complete.

DATES: The closing date for submission of applications is March 10,

2000.

Part I: Supplementary Information

A. Introduction and Purpose

The program announcement states the continued availability of

unobligated fiscal year 1995 financial assistance to eligible

applicants using DOD funds under Pub. L.103-335. The purpose of funds

available under this announcement is for planning projects that examine

the feasibility for Tribal energy sales through energy resources as a

means to mitigate damages done by DOD.

Financial assistance awards made under this program announcement

will be on a competitive basis and the proposals will be reviewed

against the evaluation criteria in this announcement.

The Federal government recognizes that substantial environmental

problems, resultant from defense activities, exist on Indian lands. It

also recognizes its special Trust responsibility to protect the land

and resources of Tribal lands as well as the

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health and safety of Tribal communities. Therefore, ANA and DOD have

joined together to assist those Indian Tribes and Alaska Natives who

have been affected by DOD activities to plan for the development of

their own technical capabilities and management capacity to remediate

or mitigate those impacts.

It is recognized that the economic, social and political integrity

of Indian Tribes and Alaska Natives as well as their specialized

cultural knowledge and values are important considerations in the

planning of strategies to mitigate the social and economic impacts of

environmental damage sustained by those lands from DOD activities.

Indian Tribes and Alaska Natives are experiencing unprecedented

population growth but their economies are not fully developed to

sustain their communities. As a result the development of sustainable

local economies is a major goal shared by Indian Tribes and Alaska

Native villages with the federal government. Therefore the plans

developed by Indian Tribes and Alaska Native villages to mitigate the

affects of impacts to their lands and communities resultant from DOD

activities are expected to reflect their priority for social and

economic development.

An emergent aspect of Indian and Alaska Native social and economic

development are the opportunities to address the service issues and

costs of electric power made possible by new Federal electricity

policies. The Western Area Power Administration (WAPA) and Bonneville

Power Administration (BPA), electric power marketing agencies of the

Department of Energy are, for the first time since the construction of

Federal water projects by the Army Corps of Engineers and the Bureau of

Reclamation, making direct allocations to Indian Tribes. Additionally,

the government regulated electricity industry is moving toward open

competition through Federal and state restructuring processes. These

policy changes often referred to as ``deregulation'' present

opportunities for energy/electricity development as strategies that

impact mitigation.

ANA recognizes that energy conservation, management and development

require comprehensive and integrated planning to allow for local Tribal

and Alaska Native values and priorities to be expressed in their own

policy and programs that develop their regulatory, management and

energy conservation capabilities. Under this one time only

announcement, proposals will be accepted from eligible applicants for

assistance in planning for energy/electricity conservation or

alternative or renewable energy resource development, management or

development. Proposals for implementing projects related to electricity

and energy will not be accepted under this program announcement.

B. Proposed Projects to be Funded

The purpose of this announcement is to invite single year (twelve

to seventeen month) proposals from eligible applicants to undertake

Tribal specific planning for using energy/electricity strategies for

mitigating social, economic community impacts arising from

environmental damage to Indian lands by DOD activities.

ANA continues its policy that an applicant may only submit one

application under this competitive area and no applicant may receive

more than one grant in any of ANA's competitive areas. ANA introduces

two new requirements within the review criteria for budgets in

applications. All applicants must clearly demonstrate a plan for an

employee fringe benefit package, which includes an employee 5%

retirement plan benefit, and the funding of travel for key personnel to

attend post-award grant management and administration training

sponsored by ANA.

Applicants may only apply for planning projects of up to 17 months

duration. The following are some areas of known opportunity. ANA

intends these to be viewed, as examples that may relate to Tribal or

community specific concerns and applicants will identify their own

local priorities in their applications. (It is expected that applicants

may identify additional areas of concern in their applications):

Data gathering and planning requirements for making

application for allocation of electric power from a Federal Power

Marketing Administration, e.g. Western Area Power Administration (WAPA)

and Bonneville Power Administration (BPA). These data collections may

range from documenting the size and peak consumption levels of

electricity by the Tribe or community to documenting the number and

types of electricity consumers within Tribal jurisdiction to more

sophisticated long range Integrated Electricity Resource Plans, or

Plans to investigate the development of local energy

resources such as wind, solar, natural gas, coal, biomass, geothermal

or co-generation of electric power that may be dispersed generation.

Development of an integrated energy resource and

infrastructure plan that takes into account the local conventional and

renewable energy resource base of Indian Tribes and Alaska Native

villages.

Development of energy efficiency and conservation to

reduce the cost and consumption of energy without reducing economic and

social well being. Often the money saved from well developed plans for

energy conservation exceed the costs of implementing the conservation

plan, providing a means to implement the plan with existing resources.

Development of plans to achieve a balanced and sustainable

energy supply that is reliable and affordable by aggregating the

Tribe's electricity load for bulk purchasing.

The purpose of grants funded through this program announcement is

to promote planning for energy self-determination among American Indian

Tribes. Research and planning is needed for a comprehensive review of

tribal energy resources. Energy planning is a complex endeavor that

takes into consideration the following:

Existing energy usage,

Historical trends of energy consumption,

Tribal demographics,

Changes in patterns of energy using behavior,

Presently available sources of energy to meet energy

loads,

Future planned sources of energy to meet future energy

loads,

Energy resource requirements beyond existing energy plans,

Capital requirements and availability for energy projects.

The following bullets provide descriptions of activities that are

consistent with the philosophy of this program announcement. Proposed

activities should be tailored to reflect the energy development needs

of the local community and should be consistent and supportive of the

proposed project activities. The types of planning projects which ANA

may fund will address some or all of the following topics or similar

topics:

Studies of reservation energy load profiles and load

forecasts including specific studies of residential, commercial, and

industrial energy end-use applications;

Analysis of utility records of energy consumption by

customer and customer class;

Identification, quantification and description of the

energy use of Tribal members that are not served with utility connected

services today, but who may be so served in the future;

Tribal demographics;

Determination of energy growth profiles among all energy

segments of the Tribe residential, commercial, and

[[Page 1395]]

industrial. These growth profiles should be described as ranges above

and below an average expected growth for a period of at least 10 years;

Identification and evaluation of existing energy resources

that serve current Tribal loads;

Identification and evaluation of future energy resources

currently planned by the Tribes or others (e.g., utility companies) to

meet future Tribal loads;

Review and evaluation of the sufficiency of existing and

planned energy resources to meet Tribal loads both today and in the

future;

Identification and review of alternatives to existing

plans for meeting future Tribal electricity load growth, including both

traditional sources (e.g., coal, oil, propane, diesel, and gas-fired

generation) and non-traditional sources (e.g., fuel cells, photovoltaic

cells, wind turbines, etc.).

Review of ``village electrification'' opportunities for

non grid-connected local distribution systems and distributed

generation (i.e. generation located at or near the load and scaled to

the load, not a central generation plant feeding power to the grid);

Identification of feasible co-generation opportunities to

maximize both the efficiency of energy utilization and the economic

development potential for the Tribal community. (Co-generation

facilities are agricultural or industrial facilities co-located with

generation facilities that use the heat of the generator as well as its

power.);

Identification of opportunities to develop power projects

or other energy projects for export off Tribal lands to the energy

marketplace;

Source of capital requirements for development of energy

resources.

The following is a list of major Federal environmental legislation

that should be recognized in a regulatory review as all Federal, state

and local regulatory requirements, which could have major impacts in

the planning phase.

Indian Environmental General Assistance Program Act of

1992;

Clean Air Act (CAA);

Clean Water Act (CWA);

Safe Drinking Water Act (SDWA);

Surface Mining Control and Reclamation Act of 1977

(SMCRA);

Marine Protection, Research and Sanctuaries Act of 1972

(MPRSA);

Toxic Substances Control Act (TSCA);

Federal Insecticide, Fungicide, and Rodenticide Act

(FIFRA);

Nuclear Waste Policy Act of 1982 (NWPA);

Comprehensive Environmental Resource Conservation and

Liability Act (CERCLA or Superfund);

Resource Conservation and Recovery Act of 1976 (RCRA);

Hazardous and Solid Waste Amendments of 1984 (HSWA);

National Environmental Policy Act of 1969 (NEPA);

Title XXVI of the National Energy Policy Act of 1992.

Other Federal legislation that should be included in the regulatory

review and that should be of assistance are the tribal specific

legislative acts, such as:

American Indian Religious Freedom Act;

National Historic Preservation Act of 1991;

Indian Environmental Regulatory Enhancement Act of 1990;

Native American Graves Protection and Repatriation Act of

1990.

Other regulatory considerations could involve applicable tribal,

village, state and local laws, codes, ordinances, standards, etc. which

should also be reviewed to assist in planning, the mitigation design,

and development of the comprehensive mitigation strategy.

C. Eligible Applicants

The following organizations are eligible to apply:

Federally recognized Indian tribes;

Nonprofit Alaska Native Community entities, including

Alaska Native villages, or tribal governing bodies (IRA or traditional

councils) as recognized by the Bureau of Indian Affairs;

Nonprofit Alaska Native Regional Associations and/or

Corporations with village specific projects;

Nonprofit Native organizations in Alaska with village

specific projects.

Applicants must comply with the following administrative policies:

Current grantees funded under the previous DOD

announcement dated January 22, 1999 who wish to apply for another phase

of phases should apply under ANA's FY 2000 SEDS program announcement

dated August 17, 1999. [Program Announcement No. 93612-001] or

Applicants interested in applying for one or more of the

phases described in the January 22, 1999 announcement should apply

under SEDS, provided the applicant does not have a current SEDS grant

or has a SEDS grant that expires no later than September 29, 2000. ANA

does continue however, its policy that an applicant may only submit one

application per competitive area and may only receive one grant per

competitive area.

An application from a federally recognized Tribe, Alaska

Native Village or Native American organization must be from the

governing body of the Tribe or organization.

ANA will not accept applications from tribal components

which are tribally-authorized divisions of a larger tribe, unless the

application includes a Tribal resolution which clearly demonstrates the

Tribe's support of the project and the Tribe's understanding that the

other applicant's project supplants the Tribe's authority to submit an

application under that specific competitive area both for the current

competition and for the duration of the approved grant period, should

the application be funded.

If a federally recognized Tribe or Alaska Native village

chooses not to apply, it may support another applicant's project (e.g.,

a tribal organization) which serves or impacts their reservation. In

this case, the applicant must include a Tribal resolution which clearly

demonstrates the Tribe's approval of the project and the Tribe's

understanding that the other applicant's project supplants the Tribe's

authority to submit an application under that specific competitive area

both for the current competition and for the duration of the approved

grant period, should the application be funded.

D. Available Funds

Subject to availability of funds, approximately $1 million of

financial assistance is available under this program announcement for

eligible applicants. It is expected that about 15 awards will be made,

ranging from $50,000 to $100,000.

Each eligible applicant described above can receive only one grant

award under this announcement.

E. Grantee Share of Project

Grantees must provide at least five (5) 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 in-kind contributions. The funds for the

match must be from a private source, or state source where the funds

were not obtained from the Federal government by the state, or a

Federal source where legislation or regulation authorizes the use of

these funds for matching purposes (e.g. Indian Self-Determination and

Education Assistance funds, through the Department of Interior and the

Department of Health and Human Services).

Therefore, a project requesting $100,000 in Federal funds must

include a match of at least $5,263 (5% total

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project cost). To calculate 5% non-Federal share multiply the Federal

share by .05263. Applicants may request a waiver of the requirement for

a 5% non-Federal matching share. Since the matching requirement is low

it is not expected that waivers will be necessary. However, the

procedure for requesting a waiver can be found in 45 CFR part 1336,

Subpart E-Financial Assistance Provision.

As per 45 CFR 74.2 and 92.3, In-Kind contributions are defined as

``the value of non-cash contributions provided by non-Federal third

parties. Third party in-kind contributions may be in the form of real

property, equipment, supplies and other expendable property, and the

value of goods and services directly benefiting and specifically

identifiable to the project or program.''

An itemized budget detailing the applicant's non-Federal share, and

its source(s), must be included in the application.

If an applicant plans to charge or otherwise seek credit for

indirect costs in its ANA application, a current copy of its Indirect

Cost Agreement must be included in the application.

It is the policy of ANA to apply the waiver of the non-federal

matching share requirement for the purposes of this particular program

announcement.

F. Review Process

1. Initial Application Review

Applications submitted by the post-marked date 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.

The application materials submitted are sufficient to

allow the panel to undertake an in-depth evaluation (All required

materials and forms are listed in the Grant Application Checklist.)

Applications subjected to the pre-review described above which fail

to satisfy one or more of the listed requirements will be ineligible or

otherwise excluded from competitive evaluation.

2. Competitive Review of Accepted Applications

Applications that pass the pre-review will be evaluated and rated

by an independent review panel on the basis of the specific evaluation

criteria. These criteria are used to evaluate the quality of a proposed

project, and to determine the likelihood of its success.

A proposed project should reflect the purposes stated and described

in the Introduction and Program Purpose (Section A) of this

announcement.

ANA staff cannot respond to requests for information regarding

funding decisions prior to the official notification to the applicants.

After the Commissioner has made decisions on all applications,

unsuccessful applicants are notified in writing within 30 days. The

notification will be accompanied by a critique including

recommendations for improving the application.

3. Appeal of Ineligibility

Applicants who are excluded 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. The appeals process is stated in the final rule

published in the Federal Register on August 19, 1996 (61 FR 42817).

G. Criteria

The evaluation criteria are:

(1) Goals and Available Resources (30 points):

(a) The application presents specific planning goals relating to a

proposed tribal energy retail project. The application explains how the

tribe or village intends to achieve those goals identified in the

application and clearly documents the involvement and support of the

community in the planning process and implementation of the proposed

project. ANA encourages the planning process to include community

involvement. The above requirement may be met by submission of a

resolution by a tribe or tribal organization stating that community

involvement has occurred in the project planning and will occur in the

implementation of the project.

(b) The application identifies and documents pre-existing and

planned involvement and support of the community in the planning

process and implementation of the proposed project. The type of

community you serve and nature of the proposal being made, will

influence the type of documentation necessary. For example, a Tribe may

choose to address this requirement by submitting a resolution stating

that community involvement has occurred in the project planning or may

determine that additional community support work is necessary.

(c) Available resources (other than ANA and the non-Federal share)

which will assist, and be coordinated with the project are described.

The Tribe can address work already underway. These resources may be

personnel, facilities, vehicles or financial and may include other

Federal and non-Federal resources.

These resources should be documented by letters of commitment of

resources, not merely letters of support. ``Letters of commitment'' are

binding when they specifically state the nature, the amount, and

conditions under which another agency or organization will support a

project funded with ANA funds. ``Letters of support'' merely express

another organization's endorsement of a proposed project. Support

letters are not binding commitment letters or do not factually

establish the authenticity of other resources and do not offer or bind

specific resources to the project.

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. Statements

that additional funding will be sought from other specific sources are

not considered a binding commitment of outside resources and therefore

carry less significance.

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.

(2) Organizational Capabilities and Qualifications (10 points)

(a) The management and administrative structure of the applicant is

explained. Evidence of the applicant's ability to manage a project of

the proposed scope is well defined. The application clearly

demonstrates the successful management of prior or current projects of

similar scope by the organization and/or by the individuals designated

to manage the project.

(b) Position descriptions and/or resumes of key personnel,

including those of consultants, are presented. The position

descriptions and/or resumes relate specifically to the staff proposed

in the Objective Work Plan and in the proposed budget. Position

descriptions very clearly describe each position and its duties and

clearly relate to the personnel staffing required to achieve the

project objectives. Resumes and/or

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proposed position descriptions demonstrate that the proposed staff are

or will be qualified to carry out the project activities. Either the

position descriptions or the resumes contain the qualifications and/or

specialized skills necessary for overall quality management of the

project. Resumes must be included if individuals have been identified

for positions in the application.

Note: Applicants are strongly encouraged to give preference to

Native Americans in hiring staff and subcontracting services under

an approved ANA grant.

(3) Project Objectives, Approach and Activities (30 points).

The Objective Work Plan in the application includes project

objectives and activities related to the long term goals for each

budget period proposed and demonstrates that these objectives and

activities:

Are measurable and/or quantifiable;

Are based on a fully described and locally determined

balanced strategy for mitigation of impacts to the environment;

Clearly relate to the tribe or village long-range goals

which the project addresses;

Can be accomplished with 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,

and leads the Tribe to an action plan.

(4) Results or Benefits Expected (20 points).

The proposed project will result in specific measurable outcomes

for each objective that will clearly contribute to the completion of

the project and will help the tribe or village meet its goals. The

specific information provided in the application on expected results or

benefits for each objective is the basis upon which the outcomes can be

evaluated at the end of each budget year.

(5) Budget (10 points)

There is a detailed budget provided which:

Fully explains the budget.

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.

Explains sufficiently cost and other detail to facilitate

the determination of cost allowability and the relevance of these costs

to the proposed project.

Demonstrates that the funds requested are appropriate and

necessary for the scope of the project.

Includes sufficient funds for principal representatives

from the applicant organization to travel to one post-award grant

training and technical assistance conference. This travel and training

should occur as soon as practical.

Includes an employee fringe benefit budget that provides

grant-funded employees with a qualified, self-directed, portable

retirement plan in addition to Social Security. The applicant must

provide a retirement plan fringe benefit for grant funded employees

salaries of five (5) percent.

ANA considers a retirement plan to be a necessary,

reasonable and allowable cost in accordance with OMB rules. Minimum

standards for an acceptable retirement fringe benefit plan are:

The plan must be ``qualified'', i.e., approved by the

Internal Revenue Service to receive special tax-favored treatment.

The plan exists for the exclusive benefit of the

participants; funds are to be used for retirement and certain other

pre-retirement needs, not for the organization's needs.

The plan must have a vesting schedule that does not exceed

the initial budget period of the ANA grant.

The plan must be a 401(k) for people who work in

corporations or 403(b) plan for people who work for not-for-profit

organizations. An alternate proposal may be submitted for review and

approval during grant award negotiations. An alternate proposal may be

submitted for review and approval during grant award negotiations.

Alternate proposals may include the use of Individual Retirement

Accounts, Money Purchase Pension Plans, Defined Benefit Pension Plans,

Combination Plans, etc. In no case will a non-qualified deferred

compensation plan, e.g., Supplemental Executive Retirement Plan (SERPs)

or Executive Bonus Plan be accepted.

H. Contact Information

Contact the ANA Applicant Help Desk at 202-690-7776 for assistance.

You may also contact Sharon McCully at (202) 690-7776, or e-mail to

[email protected].

I. General Guidance to Applicants

The following is provided to assist applicants to develop a

competitive application.

(1) Program Guidance:

The Administration for Native Americans will fund projects

that present the strongest prospects for meeting the stated purposes of

this program announcement. Projects will not be funded on the basis of

need alone.

In discussing the problems being addressed in the

application, relevant historical data should be included so that the

appropriateness and potential benefits of the proposed project will be

better understood by the reviewers and decision-maker.

Supporting documentation, if available, should be included

to provide the reviewers and decision-maker with other relevant data to

better understand the scope and magnitude of the project.

(2) Technical Guidance:

Applicants are strongly 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 its quality and potential

competitiveness in the review process.

ANA will accept only one application under this program

announcement from any one applicant. If an eligible applicant sends two

applications, the one with the earlier postmark will be accepted for

review unless the applicant withdraws the earlier application.

An application from an Indian tribe, Alaska Native Village

or other eligible organization must be submitted by the governing body

of the applicant.

The application's Form 424 must be signed by the

applicant's representative (tribal official or designate) who can act

with full authority on behalf of the applicant.

The Administration for Native Americans suggests that the

pages of the application be numbered sequentially from the first page

and that a table of contents be provided. The page numbering, along

with simple tabbing of the sections, would be helpful and allows easy

reference during the review process.

Two (2) copies of the application plus the original are

required.

The Cover Page should be the first page of an application,

followed by the one-page abstract.

Section B of the Program Narrative should be of sufficient

detail as to become a guide in determining and tracking project goals

and objectives.

The applicant should specify the entire length of the

project period on the first page of the Form 424, Block 13. ANA will

consider the project period specified on the Form 424 as governing.

Line 15a of the Form 424 should specify the Federal funds

requested for the Budget period.

[[Page 1398]]

(3) Grant Administrative Guidance:

The application 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 and that a table

of contents be provided. Simple tabbing of the sections of the

application is also helpful to the reviewers.

An application with an original signature and two

additional copies are required.

The Cover Page (included in the Kit) should be the first

page of an application, followed by the one-page abstract.

The applicant should specify the entire project length on

the first page of the Form 424, Block 13. Should the application

propose one length of project period and the Form 424 specify a

conflicting length of project period, ANA will consider the project

period specified on the Form 424 as the request. ANA may negotiate a

reduction of the project period. The approved project period is shown

on block 9 of a Financial Assistance Award.

Line 15a of the Form 424 should specify the Federal funds

requested for the Budget Period.

Applicants may propose a 17-month project period.

(4) Projects or activities that generally will not meet the

purposes of this announcement:

Proposals from consortia of tribes or villages that are

not specific with regard to support from, and roles of member tribes.

The purchase of real estate or construction.

J. Paperwork Reduction Act of 1995 (Pub. L. 104-13)

Public reporting burden for this collection of information is

estimated to average 29.5 hours per response, including the time for

reviewing instruction, gathering and maintaining the data needed, and

reviewing the collection of information.

The following information collections are included in the program

announcement Application Kit, OMB control number 0980-0204, expires

August 31, 1999.

K. Due Date for Receipt of Applications

The closing date for applications submitted in response to this

program announcement is March 10, 2000.

L. Receipt of Applications

Applications must either be hand delivered or mailed to the address

in Part II, Section E, Application Process. The Administration for

Native Americans will not accept applications submitted electronically

nor via facsimile (FAX) equipment.

Deadline: Applications shall be considered as meeting the announced

deadline if they are either:

1. Received on or before the deadline date at the place specified

in the program announcement, or

2. Sent on or before the deadline date and received by the granting

agency in the time for the independent review under DHHS GAM Chapter 1-

62 (Applicants are cautioned to request a legibly dated U.S. Postal

Service postmark or to obtain a legibly dated receipt from a commercial

carrier or 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

above are considered late applications. The ACF shall notify each late

applicant that its application will not be considered in the current

competition.

Extension of Deadlines: The ACF 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 the

granting agency does not extend the deadline for all applicants, it may

not waive or extend the deadline for any applicants.

Part II--General Application Information and Guidance

A. Definitions

Funding areas in this program announcement are based on the

following definitions:

Indian land is defined as all lands used by American

Indian tribes and Alaska Native Villages.

A ``multi-purpose community-based Native American

organization'' is an association and/or corporation whose charter

specifies that the community designates the Board of Directors and/or

officers of the organization through an elective procedure and that the

organization functions in several different areas of concern to the

members of the local Native American community. These areas are

specified in the by-laws and/or policies adopted by the organization.

They may include, but need not be limited to, economic, artistic,

cultural, and recreational activities, and the delivery of human

services such as health care, day care, counseling, education, and

training.

``Budget Period'' is the interval of time (usually 12

months but may be up to 17 months) into which the project period is

divided for budgetary and funding purposes.

``Core administration'' is 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, eligible costs.

Additionally, ANA will fund the salaries of approved staff for time

actually and reasonably spent to implement a funded ANA project.

``Real Property'' means land, including land improvements,

structures and appurtenances thereto, excluding movable machinery and

equipment.

``Construction'' is the term which specifies a project

supported through a discretionary grant or a cooperative agreement, to

support the initial building of a facility.

B. Activities That Cannot be Funded

The Administration for Native Americans does not fund:

Projects that operate indefinitely or require ANA funding

on a recurring basis.

Projects in which a grantee would provide training and/or

technical assistance (T/TA) to other tribes or Native American

organizations which are otherwise eligible to apply to ANA (``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.

The support of on-going social service delivery programs

or the expansion, or continuation, of existing social service delivery

programs.

ANA will not fund the purchase of real property.

ANA will not fund construction.

Objectives or activities for the support of core

administration of an organization.

Costs of fund raising, including financial campaigns,

endowment drives, solicitation of gifts and bequests, and similar

expenses incurred solely to raise capital or obtain contributions are

unallowable under a grant award.

Projects or activities that generally will not meet the purposes of

this announcement are discussed further in Part I, Section H, General

Guidance to Applicants.

[[Page 1399]]

C. Intergovernmental Review of Federal Programs

This program is not covered by Executive Order 12372.

D. Application Process

(1) Application Submission by Mail:

Each application should include one signed original and two (2)

copies of the grant application, including all attachments. Assurances

and certifications must be completed. Submission of the application

constitutes certification by the applicant that it is in compliance

with Drug-Free Workplace and Debarment and these forms do not have to

be submitted. The application must be hand delivered or mailed by the

closing date to: U.S. Department of Health and Human Services,

Administration for Children and Families, ACYF/Office of Grants

Management 370 L'Enfant Promenade, S.W., Mail Stop HHH 326-F,

Washington, DC 20447-0002, Attention: Lois B. Hodge--ANA No. 93612-002.

(2) Application Submission by Courier:

Hand delivered applications are accepted during the normal working

hours of 8 a.m. to 4:30 p.m., Monday through Friday, on or prior to the

established closing date at: Administration for Children and Families,

ACYF/Office of Grants Management, ACF Mail Room, Second Floor Loading

Dock, Aerospace Center 901 D Street, S.W., Washington, DC 20024,

Attention: Lois B. Hodge, ANA No. 93612-002.

The application must be signed by an individual authorized: (1) To

act for the applicant tribe, village or organization, and (2) to assume

the applicant's obligations under the terms and conditions of the grant

award.

(3) Application Consideration:

The Commissioner of the Administration for Native Americans

determines the final action to be taken with respect to each grant

application received under this announcement.

The following points should be taken into consideration by all

applicants:

Incomplete applications and applications that do not

otherwise conform to this announcement will not be accepted for review.

(Incomplete applications include a missing Form SF 424 or no signed

Form 424 or does not include proof of non-profit status, if

applicable.) 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. An independent review panel consisting of reviewers

familiar with environmental problems of Indian tribes and Alaska Native

villages will evaluate each application against the published criteria

in this announcement. The results of this review will assist the

Commissioner in making final funding decisions.

The Commissioner's decision will also take into account

the comments of ANA staff, state and Federal agencies having

performance-related information, and other interested parties.

As a matter of policy the Commissioner will make grant

awards consistent with the stated purpose of the announcement and all

relevant statutory and regulatory requirements under 45 CFR parts 74

and 92 applicable to grants under this announcement.

After the Commissioner has made decisions on all

applications, unsuccessful applicants will be notified in writing

within approximately 120 days of the closing date. Successful

applicants are notified through an official Financial Assistance Award

(FAA) document. The Administration for Native Americans staff cannot

respond to requests for 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.

(Catalog of Federal Domestic Assistance Program Number 93.612

Native American Programs)

Dated: January 4, 2000.

Gary N. Kimble,

Commissioner, Administration for Native Americans.

[FR Doc. 00-432 Filed 1-7-00; 8:45 am]

BILLING CODE 4184-01-P