Program Announcement No. 93612-952, Availability of Financial Assistance for the Mitigation of Environmental Impacts to Indian Lands Due to Department of Defense Activities

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

Program Announcement No. 93612-952, Availability of Financial

Assistance for the Mitigation of Environmental Impacts to Indian Lands

Due to Department of Defense Activities

AGENCY: Administration for Native Americans, Administration for

Children and Families, Department of Health and Human Services.

ACTION: Announcement of availability of competitive financial

assistance to assist eligible applicants address environmental problems

and impacts from Department of Defense activities to Indian lands.

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DEFINITION: For purposes of this program announcement, Indian lands is

defined as all lands used by American Indian tribes and Alaska Native

Villages.

SUMMARY: The Congress has recognized that Department of Defense

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 their social and economic welfare.

Accordingly, the Congress has taken steps to help those affected begin

to mitigate environmental impacts from Department of Defense 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, Public Law 103-139, which was

enacted on November 11, 1993. This program continues under Public Law

103-335 (the Act), enacted on September 30, 1994. Section 8094 of the

Act states, ``Of the 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 within 90 days of enactment of this Act: 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: Provided further, That the Department of Defense

shall provide to the Committees on Appropriations of the Senate and

House of Representatives by September 30, 1995, a summary report of all

environmental damage that has occurred on Indian land as a result of

DOD activities, to include, to the extent feasible, a list of all

documents and records known to the Department that describe the

activity or action causing or relating to such environmental damage.''

The Administration for Native Americans (ANA) and the Department of

Defense (DOD) announce the availability of FY95 funds for eligible

applicants to begin the process of addressing the environmental

problems and damage caused from defense activities.

FOR FURTHER INFORMATION CONTACT: Sharon McCully--(202) 690-5780 or Rita

LeBeau--(202) 690-5790 or Gerry Gipp--(202) 690-6662 at the

Administration for Native Americans, Department of Health and Human

Services, 200 Independence Avenue, SW., Rm 348F, Washington, DC 20201-

0001.

DATES: The closing date for submission of applications is August 18,

1995.

A. Introduction and Purpose

The program announcement states the availability of any unobligated

fiscal year 1994 and fiscal year 1995 financial assistance to eligible

applicants using funds provided by the Department of Defense through

the Administration for Native Americans for the purpose of mitigating

environmental impacts on Indian lands related to Department of Defense

activities.

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 and

will geographically range from border to border and from coast to

coast. The nature and magnitude of the problems will most likely be

better defined when affected Indian tribes and Alaska Natives have

completed environmental assessments called for in Phase I of this four-

phase program.

The Federal government has also recognized that Indian tribes,

Alaska Natives and their tribal organizations must have the opportunity

to develop their own plans and technical capabilities and access the

necessary financial and technical resources in order to assess, plan,

develop and implement programs to mitigate any impacts caused by

Department of Defense activities.

The Administration for Native Americans (ANA) and the Department of

Defense (DOD) recognize the potential environmental problems created by

DOD activities that may affect air, water, soil and human and natural

resources (i.e., forests, fish, plants). It is also recognized that

potential applicants may have specialized knowledge and capabilities to

address specific concerns at various levels within the four phase

program. Under this announcement proposals will be accepted for any and

all of the four phases or one specific phase. These phases are: Phase

I--assessment of Indian lands to develop as complete an inventory as

possible of environmental impacts caused by Department of Defense

activities; Phase II--identification and exploration of alternative

means for mitigation of these impacts and determination of the

technical merit, feasibility and expected costs and benefits of each

approach in order to select one approach; Phase III--development of a

detailed mitigation plan, and costing and scheduling for implementation

of the design, including strategies for meeting statutory or regulatory

requirements and for dealing with other appropriate Federal agencies;

and, Phase IV--implementation of the mitigation plan.

The following are some known areas of concern. It is expected that

applicants may identify additional areas of concern in their

applications:

damage to treaty protected spawning habitats caused by

artillery practice or other defense activities;

damage to Indian lands and improvements (e.g. wells,

fences) and facilities caused by bombing practice;

damage caused to range and forest lands by gunnery range

activities;

low-level flights over sacred sites and religious

ceremonies which disrupt spiritual activities;

movement of soil covering the remains of buried Indian

people and artifacts requiring, by tradition, their reburial in

traditional rituals;

operation of dams by the Army Corps of Engineers which has

had adverse impacts on spawning beds and treaty fishing rights and

water quality due to problems of siltation; reduced stream flows;

increased water temperatures; and, dredge and fill problems;

leaking of underground storage tanks on lands taken from

Indians for temporary war-time use by the Department of Defense;

unexploded ordnance from gunnery and bombing practice on

Indian lands resulting in significant damage to rangelands, wildlife

habitat, stock water wells, etc.;

disposal activities related to removal of unexploded

ordnance, nuclear waste materials, toxic materials, and biological

warfare materials from Indian lands;

transportation of live ordnance, nuclear waste, chemical

and biological warfare materials from and across Indian lands;

seepage of fluids suspected of containing toxic materials

onto Indian lands;

chlorofluorocarbons (CFC's) resulting from abandoned

containers and/or dumping onto Indian lands;

polychlorinated biphenyls (PCB's) from transformers which

have been abandoned and/or dumped onto Indian lands;

public health concerns regarding electromagnetic fields

surrounding Defense-related transmission facilities which cross Indian

lands; and

reclamation activities required to mitigate any or all of

the above stated conditions and other activities as they become known.

B. Proposed Projects To Be Funded With FY 1994 and 1995 Funds

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

seventeen months in duration) or up to thirty-six month proposals from

eligible applicants to undertake any or all of the Phases.

Applicants may apply for projects of up to 36 months duration. A

multi-year project, requiring more than 12 months to develop and

complete, affords applicants the opportunity to develop more complex

and in-depth projects. Funding after the first 12 month budget period

of an approved multi-year project is non-competitive and subject to

availability of funds. (see Part E for further information)

Phase I: The purpose of Phase I is to conduct the research and

planning needed to identify environmental impacts to Indian lands

caused by Department of Defense activities on or near Indian lands and

to plan for remedial investigations to determine and carry out a

preliminary assessment of these problems. These activities may include,

but not be limited to, the following:

conduct site inspections to identify problems and causes

related to DOD activities;

identify and develop approaches to handle raw data that

will assist in performing comprehensive environmental assessments of

problems and causes related to DOD activities;

identify approaches and develop methodologies which will

be used to develop the activities to be undertaken in Phases II and

III;

identify other Federal agency programs, if any, that must

be involved in mitigation activities and their requirements;

identify potential technical assistance and expertise

required to address the activities to be undertaken in Phases II and

III; and

identify other Federal environmental restoration programs

that could be accessed to cooperatively coordinate and mobilize

resources in addressing short and long-term activities developed under

Phase III.

Phase I should result in adequately detailed documentation of the

problems and sources of help in solving them to provide a useful basis

for examining alternative mitigation approaches in Phase II.

Phase II: The purpose of Phase II activities is to examine

alternative approaches for mitigation of the impacts identified in

Phase I and to lead toward the mitigation design to be developed in

Phase III. Phase II activities may include, but need not be limited to

the following:

conduct remedial investigation and/or feasibility studies

as necessary;

plan for the design of a comprehensive mitigation strategy

to address problems identified during Phase I which address areas such

as land use restoration, clean-up processes, contracting and liability

concerns; regulatory responsibilities; and resources necessary to

implement clean up actions;

design strategies that coordinate with or are

complementary to existing DOD cleanup programs such as the Defense

Environmental Restoration Program which promotes and coordinates

efforts for the evaluation and cleanup of contamination at DOD

installations;

review possible interim remedial strategies that address

immediate potential hazards to the public health and environment in

order to provide alternative measures i.e., providing alternate water

supplies, removing concentrated sources of contaminants, or

constructing structures to prevent the spread of contamination;

identify specific types of technical assistance and

management expertise required to assist in developing specific

protocols for environmental assessments, remedial investigations,

feasibility studies, interim remedial actions and strategic planning

for existing and future mitigation activities;

review other types of assessments that need to be

considered, reviewed and incorporated into the conduct and/or design

process such as:

--estimates of clean-up cost;

--estimate of impacts of short-term approach;

--estimate of impacts of long-term approach;

--cultural impacts;

--economic impacts;

--human health-risk impacts; and

document approaches and procedures which have been

developed in order to negotiate with appropriate Federal agencies for

necessary cleanup action and to keep the public informed.

In establishing the basis for a design process, particularly when

there are multiple problems, the applicants may want to consider a

prioritization process as follows:

emergency situations that require immediate clean-up;

time-critical sites, i.e. sites where the situation will

deteriorate if action is not taken soon;

projects with minimum funding requirements;

projects with intermediate-level funding requirements;

projects with maximum funding requirements.

Achieving compliance with Federal environmental protection

legislation is the driving force behind all Federal clean-up

activities. 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 design of mitigation strategies:

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);

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;

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.

Phase II should result in a carefully documented examination of

alternative approaches and the selection of an approach to be used in

the Phase III design process.

Phase III: The purpose of Phase III is the completion of activities

initiated under Phase II, the initiation of new activities required to

implement programs, and the design of on-site actions required to

mitigate environmental damage from DOD activities.

The Phase III activities may include but need not be limited to:

development and implementation of a detailed management

plan to: guide corrective action; resolve issues rising from

overlapping or conflicting jurisdictions; guide a cooperative and

collaborative effort among all parties to ensure there are no

duplicative or conflicting regulatory requirements governing the

cleanup actions; and, establish a tribal or village framework and/or

parameter(s) that will guide the negotiations process for one or

multiple cleanup actions;

establishment of priorities for mitigation programs when

there are multiple clean-up sites; consider at a minimum the nature of

the hazard involved: such as its physical and chemical characteristics,

including concentrations and mobility of contaminants; the pathway

indicating potential for contaminant transport via surface water,

ground water and air/soil, and any other indicators that are identified

during the environmental assessment, including the prioritization

process identified under Phase II;

program design and implementation of information

dissemination strategies prior to start up of on-site implementation of

mitigation program activities;

development of a legal and jurisdictional strategy that

addresses DOD/contractor liability issues to ensure quality, cost-

effective mitigation services, and to evaluate any measures providing

equitable risk between the DOD and the remediation contractor, as well

as to incorporate Tribal Employment Rights Office (TERO) and other

policies and procedures, if required;

design of an approval process and other processes

necessary for the implementation of tribal and village codes and

regulations for current and future compliance enforcement of all

mitigation actions;

development/design of a documentation strategy to ensure

all DOD and contractor cleanup activities are conducted and completed

in a environmentally clean and safe manner for the social and economic

welfare, as well as public health of Indian and Alaska Native people

and the surrounding environment;

development and conduct of certified training programs

that will enable a local work force to become technically capable to

participate in the mitigation activities, if they so choose; and

conduct of any other activities deemed necessary to carry

out Phase I, II and III activities.

Phase III should result in a comprehensive plan for conducting all

aspects of mitigation action contemplated.

Phase IV: The Phase IV activities are the implementation of

mitigation plans specified in the detailed plan completed in Phase III.

C. Eligible Applicants

The following organizations are eligible to apply:

Federally recognized Indian tribes;

Incorporated Non-Federally and State recognized Indian

tribes;

Alaska Native villages, tribes or tribal governing bodies

(IRA or traditional councils) as recognized by the Bureau of Indian

Affairs in the Federal Register Notice dated October 21, 1993;

nonprofit Alaska Native Regional Associations and/or

Corporations with village specific projects;

nonprofit Native organizations in Alaska with village

specific projects;

other tribal or village organizations or consortia of

Indian tribes.

In addition, current ANA grantees who meet the above eligibility

criteria, but do not have a mitigation grant under Program Announcement

93612-943 are also eligible to apply for a grant award under this

program announcement.

D. Available Funds

Subject to availability of funds, approximately $8 million of

financial assistance is available in FY 1995 under this program

announcement for eligible applicants. Any unobligated FY1994 funds

would also be available for this purpose. It is expected that about 17

awards will be made, ranging from $100 thousand to $1 million.

Each eligible applicant described above (Part C) can receive only

one grant award under this announcement.

E. Multi-Year Projects

This announcement is soliciting applications for project periods up

to 36 months. Awards, on a competitive basis, will be for a one-year

budget period, although project periods may be as long as 36 months.

Funding after the 12 month budget period of an approved multi-year

project is non-competitive. 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

work plan, the availability of Federal funds, compliance with the

applicable statutory, regulatory and grant requirements, and

determination that continued funding is in the best interest of the

Government.

F. 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, although applicants

are encouraged to meet their match requirements through cash

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.

Therefore, a project requesting $300,000 in Federal funds (based on an

award of $100,000 per budget period), must include a match of at least

$15,789 (5% total project cost). Applicants may request a waiver of the

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

requirement is very low it is not expected that waivers will be

requested. However, the procedure for requesting a waiver can be found

in 45 CFR 1336, Subpart E--Financial Assistance Provisions.

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.

G. Intergovernmental Review of Federal Programs

This program is not covered by Executive Order 12372.

H. 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, including Form-424, 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 (202) 690-5790.

(2) Application Submission: 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 of its 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: Department of Health and

Human Services, Administration for Children and Families, Division of

Discretionary Grants, Rm 6C-462, 6th Floor East, OFM/DDG, Aerospace

Center Building, 370 L' Enfant Promenade, SW., Washington, DC 20447,

Attention: William J. McCarron ANA 93612-952.

Hand delivered applications are accepted during the normal working

hours of 8:00 a.m. to 4:30 p.m., Monday through Friday, on or prior to

the established closing date at Administration for Children and

Families, Division of Discretionary Grants, 6th Floor, OFM/DDG, 901 D

Street, SW., Rm 6C-462, Washington, DC 20447.

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.

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 this announcement and all

relevant statutory and regulatory requirements under 45 C.F.R. 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.

I. Review Process and Criteria

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 which pass the pre-review will be evaluated and rated

by an independent review panel on the basis of the 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. No additional

weight or preference is given to applications because of an increased

number of phases proposed. Also, competition is not based on proposals

of the same phase or phases but on the merit of the application

independent of phase consideration. The evaluation criteria are:

(1) Goals and Available Resources (15 points):

(a) The application presents specific mitigation goals related to

the proposed project. It explains how the tribe or village intend 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.

The above requirement can be met by the tribe or tribal

organization through submission of a resolution that states that

community involvement has occurred in the project planning and will

occur in the implementation of the proposed project.

(b) Available resources (other than ANA) which will assist and be

coordinated with the project are described. These resources may be

personnel, facilities, vehicles or financial and may include other

Federal and non-Federal resources.

(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 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 the position and its duties and clearly relate to

the personnel staffing required for implementation of the project

activities. Either the position descriptions or the resumes present the

qualifications that the applicant believes are necessary for overall

quality management of the project.

(3) Project Objectives, Approach and Activities (45 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,

or financed by other than ANA funds at the end of the project period.

(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 for

each budget period requested. (This is especially necessary for multi-

year applications.) 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 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.

The applicant should provide documentation showing support

for the proposed project from authorized officials, board of directors

and/or officers through a letter of support or resolution. It would be

helpful, particularly for organizations, to delineate the membership,

make-up of the board of directors, and its elective procedures to

assist reviewers in determining authorized support.

(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, not the

length of the first budget period. 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 first Budget period, not the entire project period.

Applicants proposing multi-year projects need to describe

and submit project objective workplans and activities for each budget

period. (Separate itemized budgets for the Federal and non-Federal

costs should be included)

Applicants for multi-year projects must justify the entire

time-frame of the project and also project the expected results to be

achieved in each budget period and for the total project period.

(3) 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.

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 August 18, 1995.

M. Receipt of Applications

Applications must either be hand delivered or mailed to the address

in Section H, Application Process: Application Submission.

The Administration for Native Americans will not accept

applications submitted 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 granting agency shall

notify each late applicant that its application will not be considered

in the current competition.

Extension of Deadlines. The granting agency 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.

(Catalog of Federal Domestic Assistance Program Number 93.612 Native

American Programs)

Dated: October , 1994.

Dominic J. Mastrapasqua

Acting Commissioner, Administration for Native Americans.

BILLING CODE 4184-01-P

TN26OC94.000

BILLING CODE 4184-01-C

INSTRUCTIONS FOR THE SF 424

This is a standard form used by applicants as a required

facesheet for preapplications and applications submitted for Federal

assistance. It will be used by Federal agencies to obtain applicant

certification that States which have established a review and

commitment procedure in response to Executive Order 12372 and have

selected the program to be included in the process, have been given

an opportunity to review the applicant's submission.

Item and Entry:

1. Self-explanatory.

2. Date application submitted to Federal agency (or State if

applicable) & applicant's control number (if applicable).

3. State use only (if applicable).

4. If this application is to continue or revise an existing

award, enter present Federal identifier number. If for a new

project, leave blank.

5. Legal name of applicant, name of primary organizational unit

which will undertake the assistance activity, complete address of

the applicant, and name and telephone number of the person to

contact on matters related to this application.

6. Enter Employer Identification Number (EIN) as assigned by the

Internal Revenue Service.

7. Enter the appropriate letter in the space provided.

8. Check appropriate box and enter appropriate letter(s) in the

space(s) provided:

--``New'' means a new assistance award.

--``Continuation'' means an extension for an additional funding/

budget period for a project with a projected completion date.

--``Revision'' means any change in the Federal Government's

financial obligation or contingent liability from an existing

obligation.

9. Name of Federal agency from which assistance is being

requested with this application.

10. Use the Catalog of Federal Domestic Assistance number and

title of the program under which assistance is requested.

11. Enter a brief descriptive title of the project. If more than

one program is involved, you should append an explanation on a

separate sheet. If appropriate (e.g., construction or real property

projects), attach a map showing project location. For

preapplications, use a separate sheet to provide a summary

description of this project.

12. List only the largest political entities affected (e.g.,

State, counties, cities).

13. Self-explanatory.

14. List the applicant's Congressional District and any

District(s) affected by the program or project.

15. Amount requested or to be contributed during the first

funding/budget period by each contributor. Value of in-kind

contributions should be included on appropriate lines as applicable.

If the action will result in a dollar change to an existing award,

indicate only the amount of the change. For decreases, enclose the

amounts in parentheses. If both basic and supplemental amounts are

included, show breakdown on an attached sheet. For multiple program

funding, use totals and show breakdown using same categories as item

15.

16. Applicants should contact the State Single Point of Contact

(SPOC) for Federal Executive Order 12372 to determine whether the

application is subject to the State intergovernmental review

process.

17. This question applies to the applicant organization, not the

person who signs as the authorized representative. Categories of

debt include delinquent audit disallowances, loans and taxes.

18. To be signed by the authorized representative of the

applicant. A copy of the governing body's authorization for you to

sign this application as official representative must be on file in

the applicant's office. (Certain Federal agencies may require that

this authorization be submitted as part of the application.)

BILLING CODE 4184-01-P

TN26OC94.001

TN26OC94.002

BILLING CODE 4184-01-C

INSTRUCTIONS FOR THE SF-424A

General Instructions

This form is designed so that application can be made for funds

from one or more grant programs. In preparing the budget, adhere to

any exiting Federal grantor agency guidelines which prescribe how

and whether budgeted amounts should be separately shown for

different functions or activities within the program. For some

programs, grantor agencies may require budgets to be separately

shown by function or activity. For other programs, grantor agencies

may require a breakdown by function or activity. Sections A,B,C, and

D should include budget estimates for the whole project except when

applying for assistance which requires Federal authorization in

annual or other funding period increments. In the latter case,

Sections, A,B,C, and D should provide the budget for the first

budget period (usually a year) and Section E should present the need

for Federal assistance in the subsequent budget periods. All

applications should contain a breakdown by the object class

categories shown in Lines a-k of Section B.

Section A. Budget Summary Lines 1-4, Columns (a) and (b)

For applications pertaining to a single Federal grant program

(Federal Domestic Assistance Catalog number ) and not requiring a

functional activity breakdown, enter on Line 1 under Column (a) the

catalog program title and the catalog number in Column (b).

For applications pertaining to a single program requiring budget

amounts by multiple functions or activities, enter the name of each

activity or function on each line in Column (a), and enter the

catalog number in Column (b). For applications pertaining to

multiple programs where none of the programs require a breakdown by

function or activity, enter the catalog program title on each line

in Column (a) and the respective catalog number on each line in

Column (b).

For applications pertaining to multiple programs where one or

more programs require a breakdown by function or activity, prepare a

separate sheet for each program requiring the breakdown. Additional

sheets should be used when one form does not provide adequate space

for all breakdown of data required. However, when more than one

sheet is used, the first page should provide the summary totals by

programs.

Lines 1-4 Columns (c) through (g.)

For new applications, leave Columns (c) and (d) blank. For each

line entry in Columns (a) and (b), enter in Columns (e), (f), and

(g) the appropriate amounts of funds needed to support the project

for the first funding period (usually a year).

For continuing grant program applications, submit these forms

before the end of each funding period as required by the grantor

agency. Enter in Columns (c) and (d) the estimated amounts of funds

which will remain unobligated at the end of the grant funding period

only if the Federal grantor agency instructions provide for this.

Otherwise, leave these columns blank. Enter in the columns (e) and

(f) the amounts of funds needed for the upcoming period. The

amounts(s) in Column (g) should be the sum of amounts in Columns (e)

and (f).

For supplemental grants and changes to existing grants, do not

use Columns (c) and (d). Enter in Column (e) the amount of the

increase or decrease of Federal funds and enter in Column (f) the

amount of the increase or decrease of non-Federal funds. In Column

(g) enter the new total budgeted amount (Federal and non-Federal)

which includes the total previous authorized budgeted amounts plus

or minus, as appropriate, the amounts shown in Columns (e) and (f).

The amounts(s) in Column (g) should not equal the sum of amounts in

Columns (e) and (f).

Line 5--Show the totals for all columns used.

Section B Budget Categories

In the column headings (1) through (4), enter the titles of the

same programs, functions, and activities shown on Lines 1-4, Column

(a), Section A. When additional sheets are prepared for Section A,

provide similar column headings on each sheet. For each program,

function or activity, fill in the total requirements for funds (both

Federal and non-Federal) by object class categories.

Lines 6a-i--Show the totals of Lines 6a to 6h in each column.

Line 6j--Show the amount of indirect cost.

Line 6k--Enter the total amounts on Lines 6i and 6j. For all

applications for new grants and continuation grants the total amount

in column (5), Line 6k, should be the same as the total amount shown

in Section A, Column (g), Line 5. For supplemental grants and

changes to grants, the total amount of the increase or decrease as

shown in Columns (1)-(4), Line 6k should be the same as the sum of

the amounts in Section A, Columns (e) and (f) on Line 5.

Line 7--Enter the estimated amount of income, if any, expected

to be generated from this project. Do not add or subtract this

amount from the total project amount. Show under the program

narrative statement the nature and source of income. The estimated

amount of program income may be considered by the federal grantor

agency in determining the total amount of the grant.

Section C. Non-Federal-Resources

Lines 8-11--Enter amounts of non-Federal resources that will be

used in the grant. If in-kind contributions are included, provide a

brief explanation on a separate sheet.

Column (a)--Enter the program titles identical to Column (a),

Section A. A breakdown by function or activity is not necessary.

Column (b)--Enter the contribution to be made by the applicant.

Column (c)--Enter the amount of the State's cash and in-kind

contribution if the application is not a State or State agency.

Applicants which are a State or State agencies should leave this

column blank.

Column (d)--Enter the amount of cash and in-kind contributions

to be made from all other sources.

Column (e)--Enter totals of Columns (b), (c), and (d).

Line 12--Enter the total for each of Columns (b)-(e). The amount

in Column (e) should be equal to the amount on Line 5, Column (f),

Section A.

Section D. Forecasted Cash Needs

Line 13--Enter the amount of cash needed by quarter from the

grantor agency during the first year.

Line 14--Enter the amount of cash from all other sources needed

by quarter during the first year.

Line 15--Enter the totals of amounts on Lines 13 and 14.

Section E. Budget Estimates of Federal Funds Needed for Balance of the

Project

Lines 16-19--Enter in Column (a), the same grant program titles

shown in Column (a), Section A. A breakdown by function or activity

is not necessary. For new applications and continuation grant

applications, enter in the proper columns amounts of Federal funds

which will be needed to complete the program or project over the

succeeding funding periods (usually in years). This section need not

be completed for revisions (amendments, changes, or supplements) to

funds for the current year of existing grants.

If more than four lines are needed to list the program titles,

submit additional schedules as necessary.

Line 20--Enter the total for each of the Columns (b)-(e). When

additional schedules are prepared for this Section, annotate

accordingly and show the overall totals on this line.

Section F. Other Budget Information

Line 21--Use this space to explain amounts for individual direct

object-class cost categories that may appear to be out of the

ordinary or to explain the details as required by the Federal

grantor agency.

Line 22--Enter the type of indirect rate (provisional,

predetermined, final or fixed) that will be in effect during the

funding period, the estimated amount of the base to which the rate

is applied, and the total indirect expense.

Line 23--Provide any other explanations or comments deemed

necessary.

ASSURANCES--NON-CONSTRUCTION PROGRAMS

Note: Certain of these assurances may not be applicable to your

project or program. If you have questions, please contact the

awarding agency. Further, certain Federal awarding agencies may

require applicants to certify to additional assurances. If such is

the case, you will be notified.

As the duly authorized representative of the applicant I certify

that the applicant:

1. Has the legal authority to apply for Federal assistance, and

the institutional, managerial and financial capability (including

funds sufficient to pay the non-Federal share of project costs) to

ensure proper planning, management and completion of the project

described in this application.

2. Will give the awarding agency, the Comptroller General of the

United States, and if appropriate, the State, through any authorized

representative, access to and the right to examine all records,

books, papers, or documents related to the award; and will establish

a proper accounting system in accordance with generally accepted

accounting standards or agency directives.

3. Will establish safeguards to prohibit employees from using

their positions for a purpose that constitutes or presents the

appearance of personal or organizational conflict of interest, or

personal gain.

4. Will initiate and complete the work within the applicable

time frame after receipt of approval of the awarding agency.

5. Will comply with the Intergovernmental Personnel Act of 1970

(42 U.S.C. Secs. 4728-4763) relating to prescribed standards for

merit systems for programs funded under one of the nineteen statutes

or regulations specified in Appendix A of OPM's Standards for a

Merit System of Personnel Administration (5 C.F.R. 900, Subpart F).

6. Will comply with all Federal statutes relating to

nondiscrimination. These include but are not limited to: (a) Title

VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits

discrimination on the basis of race, color or national origin; (b)

Title IX of the Education Amendments of 1972, as amended (20 U.S.C.

Secs. 1681-1683, and 1685-1686), which prohibits discrimination on

the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973,

as amended (29 U.S.C. Sec. 794), which prohibits discrimination on

the basis of handicaps; (d) the Age Discrimination Act of 1975, as

amended (42 U.S.C. Secs. 6101-6107), which prohibits discrimination

on the basis of age; (e) the Drug Abuse Office and Treatment Act of

1972 (P.L. 92-255), as amended, relating to nondiscrimination on the

basis of drug abuse; (f) the Comprehensive Alcohol Abuse and

Alcoholism Prevention, Treatment and Rehabilitation Act of 1970

(P.L. 91-616), as amended, relating to nondiscrimination on the

basis of alcohol abuse or alcoholism; (g) Secs. 523 and 527 of the

Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3),

as amended, relating to confidentiality of alcohol and drug abuse

patient records; (h) Title VIII of the Civil Rights Act of 1968 (42

U.S.C. Sec. 3601 et seq.), as amended, relating to nondiscrimination

in the sale, rental or financing of housing; (i) any other

nondiscrimination provisions in the specific statute(s) under which

application for Federal assistance is being made; and (j) the

requirements of any other nondiscrimination statute(s) which may

apply to the application.

7. Will comply, or has already complied, with the requirements

of Titles II and III of the Uniform Relocation Assistance and Real

Property Acquisition Policies Act of 1970 (P.L. 91-646) which

provide for fair and equitable treatment of persons displaced or

whose property is acquired as a result of Federal or federally

assisted programs. These requirements apply to all interests in real

property acquired for project purposes regardless of Federal

participation in purchases.

8. Will comply with the provisions of the Hatch Act (5 U.S.C.

Secs. 1501-1508 and 7324-7328) which limit the political activities

of employees whose principal employment activities are funded in

whole or in part with Federal funds.

9. Will comply, as applicable, with the provisions of the Davis-

Bacon Act (40 U.S.C. Secs. 276a to 276a-7), the Copeland Act (40

U.S.C. Sec. 276c and 18 U.S.C. Secs. 874), and the Contract Work

Hours and Safety Standards Act (40 U.S.C. Secs. 327-333), regarding

labor standards for federally assisted construction subagreements.

10. Will comply, if applicable, with flood insurance purchase

requirements of Section 102(a) of the Flood Disaster Protection Act

of 1973 (P.L. 93-234) which requires recipients in a special flood

hazard area to participate in the program and to purchase flood

insurance if the total cost of insurable construction and

acquisition is $10,000 or more.

11. Will comply with environmental standards which may be

prescribed pursuant to the following: (a) institution of

environmental quality control measures under the National

Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order

(EO) 11514; (b) notification of violating facilities pursuant to EO

11738; (c) protection of wetlands pursuant to EO 11990; (d)

evaluation of flood hazards in floodplains in accordance with EO

11988; (e) assurance of project consistency with the approved State

management program developed under the Coastal Zone Management Act

of 1972 (16 U.S.C. Secs. 1451 et seq.); (f) conformity of Federal

actions of State (Clear Air) Implementation Plans under Section

176(c) of the Clear Air Act of 1955, as amended (42 U.S.C. Sec. 7401

et seq.); (g) protection of underground sources of drinking water

under the Safe Drinking Water Act of 1974, as amended, (P.L. 93-

523); and (h) protection of endangered species under the Endangered

Species Act of 1973, as amended, (P.L. 93-205).

12. Will comply with the Wild and Scenic Rivers Act of 1968 (16

U.S.C. Secs. 1271 et seq.) related to protecting components or

potential components of the national wild and scenic rivers system.

13. Will assist the awarding agency in assuring compliance with

Section 106 of the National Historic Preservation Act of 1966, as

amended (16 U.S.C. 470), EO 11593 (identification and protection of

historic properties), and the Archaeological and Historic

Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.).

14. Will comply with P.L. 93-348 regarding the protection of

human subjects involved in research, development, and related

activities supported by this award of assistance.

15. Will comply with the Laboratory Animal Welfare Act of 1966

(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the

care, handling, and treatment of warm blooded animals held for

research, teaching, or other activities supported by this award of

assistance.

16. Will comply with the Lead-Based Paint Poisoning Prevention

Act (42 U.S.C. Secs. 4801 et seq.) which prohibits the use of lead

based paint in construction or rehabilitation of residence

structures.

17. Will cause to be performed the required financial and

compliance audits in accordance with the Single Audit Act of 1984.

18. Will comply with all applicable requirements of all other

Federal laws, executive orders, regulations and policies governing

this program.

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Signature of Authorized Certifying Official

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Title

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Applicant Organization

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Date Submitted

BILLING CODE 4184-01-P

TN26OC94.003

TN26OC94.004

BILLING CODE 4184-01-C

Certification Regarding Debarment, Suspension, and Other

Responsibility Matters--Primary Covered Transactions

By signing and submitting this proposal, the applicant, defined

as the primary participant in accordance with 45 CFR Part 76,

certifies to the best of its knowledge and belief that it and its

principals:

(a) are not presently debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily excluded from covered

transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been

convicted of or had a civil judgment rendered against them for

obtaining, attempting to obtain, or performing a public (Federal,

State, or local) transaction or contract under a public transaction;

violation of Federal or State antitrust statutes or commission of

embezzlement, theft, forgery, bribery, falsification or destruction

of records, making false statements, or receiving stolen property.

(c) are not presently indicated or otherwise criminally or

civilly charged by a governmental entity (Federal, State or local)

with commission of any of the offenses enumerated in paragraph

(1)(b) of this certification; and

(d) have not within a 3-year period preceding this application/

proposal had one or more public transactions (Federal, State or

local) terminated for cause or default.

The inability of a person to provide the certification required

above will not necessarily result in denial of participation in this

covered transaction. If necessary, the prospective participate shall

submit an explanation of why it cannot provide the certification.

The certification or explanation will be considered in connection

with the Department of Health and Human Services' (HHS)

determination whether to enter into this transaction. However,

failure of the prospective primary participant to furnish a

certification or an explanation shall disqualify such person from

participation in this transaction.

The prospective primary participant agrees that by submitting

this proposal, it will include the clause entitled ``Certification

Regarding Debarment, Suspension, Ineligibility, and Voluntary

Exclusion--Lower Tier Covered Transactions'' provided below without

modification in all lower tier covered transactions and in all

solicitations for lower tier covered transactions.

Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion--Lower Tier Covered Transactions (To Be

Supplied to Lower Tier Participants)

By signing and submitting this lower tier proposal, the

prospective lower tier participant, as defined in 45 CFR Part 76,

certifies to the best of its knowledge and belief that it and its

principals:

(a) are not presently debarred, suspended, proposed for

debarment, declared ineligible, or voluntarily excluded from

participation in this transaction by any federal department or

agency.

(b) where the prospective lower tier participant is unable to

certify to any of the above, such prospective participant shall

attach an explanation to -this proposal.

The prospective lower tier participant further agrees by

submitting this proposal that it will include this clause entitled

``Certification Regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion--Lower Tier Covered Transactions'' without

modification in all lower tier covered transactions and in all

solicitations for lower tier covered transactions.

Certification Regarding Lobbying

Certification for Contracts, Grants, Loans, and Cooperative

Agreements

The undersigned certifies, to the best of his or her knowledge

and belief, that:

(1) No Federal appropriated funds have been paid or will be

paid, by or on behalf of the undersigned, to any person for

influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or

an employee of a Member of Congress in connection with the awarding

of any Federal contract, the making of any Federal grant, the making

of any Federal loan, the entering into of any cooperative agreement,

and the extension, continuation, renewal, amendment, or modification

of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been

paid or will be paid to any person for influencing or attempting to

influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a

Member of Congress in connection with this Federal contract, grant,

loan or cooperative agreement, the undersigned shall complete and

submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in

accordance with its instructions.

(3) The undersigned shall require that the language of this

certification be included in the award documents for all subawards

at all tiers (including subcontracts, subgrants, and contracts under

grants, loans, and cooperative agreements) and that all

subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon

which reliance was placed when this transaction was made or entered

into. Submission of this certification is a prerequisite for making

or entering into this transaction imposed by section 1352, title 31,

U.S. Code. Any person who fails to file the required certification

shall be subject to a civil penalty of not less than $10,000 and not

more than $100,000 for each such failure.

State for Loan Guarantee and Loan Insurance

The undersigned states, to the best of his or her knowledge and

belief, that:

If any funds have been paid or will be paid to any person for

influencing or attempting to influence an officer or employee of any

agency, a Member of Congress, an officer or employee of Congress, or

an employee of a Member of Congress in connection with this

commitment providing for the United States to insure or guarantee a

loan, the undersigned shall complete and submit Standard Form-LLL

``Disclosure Form to Report Lobbying,'' in accordance with its

instructions.

Submission of this statement is a prerequisite for making or

entering into this transaction imposed by section 1352, title 31,

U.S. Code. Any person who fails to file the required statement shall

be subject to a civil penalty of not less than $10,000 and not more

than $100,000 for each such failure.

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Signature

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Title

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Organization

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Date

BILLING CODE 4184-01-P

TN26OC94.005

[FR Doc. 94-26530 Filed 10-25-94; 8:45 am]

BILLING CODE 4184-01-C