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

Federal RegisterApr 7, 1994

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

Program Announcement No. 93612-944

Administration for Native Americans: Availability of Financial

Assistance for Improving the Capability of Indian Tribal Governments To

Regulate Environmental Quality

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

ACTION: Announcement of availability of competitive financial

assistance for American Indian Tribes for environmental regulatory

enhancement projects.

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SUMMARY: The Administration for Native Americans (ANA) announces the

availability of fiscal year 1994 funds for environmental regulatory

enhancement projects. Financial assistance provided by ANA is designed

to assist tribes advance their capacity and capability to plan for and:

Develop or enhance the tribal environmental regulatory

infrastructure required to support a tribal environmental program, and

to regulate and enforce environmental activities on Indian lands

pursuant to Federal and Indian law;

Develop regulations, ordinances and laws to protect the

environment;

Develop the technical and program capacity to carry out a

comprehensive tribal environmental program and perform essential

environmental program functions;

Promote training and education of tribal employees;

Develop technical and program capability to meet tribal

and Federal regulatory requirements;

Develop technical and program capability to monitor

compliance and enforcement of tribal environmental regulations,

ordinances, and laws; and

Ensure the tribal court system enforcement requirements

are developed in concert with and support the tribe's comprehensive

environmental program.

DATES: The closing date for submission of applications is June 17,

1994.

FOR FURTHER INFORMATION CONTACT: Rita LeBeau (202-690-5790) or Richard

Longmire (202-690-6265), Department of Health and Human Services,

Administration for Children and Families, Administration for Native

Americans, 200 Independence Avenue, SW., 349F, Washington, DC 20201-

0001.

SUPPLEMENTARY INFORMATION:

A. Introduction and Purpose

The purpose of this program announcement is to announce the

availability of Fiscal Year 1994 financial assistance to promote the

goal of environmental regulatory enhancement for American Indians and

Alaska Natives through the planning, development and implementation of

projects that advance tribal capacity to perform environmental

regulatory functions. Funds will be awarded under section 803(d) of the

Native American Programs Act of 1974, as amended, 42 U.S.C. 2991 et

seq.

The Congress has enacted statutes for the purpose of protecting the

environment. Several of these statutes provide a role for Indian

tribes. In addition, tribes may also regulate the environment pursuant

to their own laws.

Despite this increasing environmental responsibility and growing

awareness of environmental issues on Indian lands, there has been a

lack of resources available to tribes to develop tribal environmental

programs that are responsive to tribal needs. In many cases, this lack

of resources has resulted in a delay in action on the part of the

tribes. Some of the critical issues identified by tribes before

congressional committees include: the need for assistance to train

professional staff to monitor and enforce tribal environmental

programs; the lack of adequate data for tribes to develop environmental

statutes and establish environmental quality standards; and the

resources to conduct studies to identify sources of pollution and the

ability to determine the impact on existing environmental quality. As a

result, Congress enacted Public Law 101-408 to strengthen tribal

governments through building capacity within the tribes to identify,

plan, develop, and implement environmental programs in a manner that is

consistent with tribal culture. ANA is to support these activities on a

government-to-government basis in a way that acknowledges tribal

sovereignty and is consistent with tribal culture.

Proposed projects will be reviewed on a competitive basis against

the evaluation criteria in this announcement.

Background

The Administration for Native Americans believes that

responsibility for achieving environmental regulatory enhancement rests

with the governing bodies of Indian tribes, Alaska Native villages, and

with the leadership of Native American groups.

Progress toward the goal of environmental regulatory enhancement

would include the strengthening of tribal environmental laws, providing

for the training and education of those employees responsible for

ensuring compliance with and enforcement of these laws, and the

development of programs to conduct compliance and enforcement

functions. Other functions leading toward enhancing local regulatory

capacity include, but are not limited to: environmental assessments,

development and use of environmental laboratories, and development of

court systems for enforcement of tribal and Federal environmental laws.

Ultimate success in this program will be realized when the applicant's

desired level of environmental quality is acquired and maintained.

The Administration for Native Americans bases its policies on three

interrelated goals:

(1) Governance: To assist tribal and village governments, Native

American institutions, and local leadership to exercise local control

and decision-making over their resources, including environmental

resources.

(2) Economic Development: To foster the development of stable,

diversified local economies and economic activities which will provide

jobs and promote economic well-being, consistent with environmental

protection.

(3) Social Development: To support local access to, control of, and

coordination of services and programs (including pollution prevention

activities) which safeguard the health and well-being of people and the

tribal environment, provide support services and training so people can

work and which are essential to a thriving and self-sufficient

community.

To achieve these goals, ANA supports tribal and village

governments, and other Native American organizations, in their efforts

to develop and implement community-based, long-term governance, social

and economic development strategies (SEDS)--strategies that promote the

goal of self-sufficiency in local communities. These basic ANA goals

also form the basis for this environmental program.

The SEDS policy supports ANA's goals and is based on two

fundamental principles:

(1) The local community and its leadership are responsible for

determining goals, setting priorities, and planning and implementing

programs aimed at achieving those goals. The unique mix of socio-

economic, political, and cultural factors in each community makes local

self-determination necessary. The local community is in the best

position to apply its own cultural, political, and socio-economic

values to its long-term strategies and programs.

(2) Economics, governance, and social development are interrelated.

Development in one area should be balanced with development in the

others in order to move toward self-sufficiency. Consequently,

comprehensive development strategies should address all aspects of the

governmental, economic, and social infrastructures (including those for

environmental protection) needed to promote self-sufficient

communities.

The principles of the SEDS approach discussed above assume these

definitions of important terms linked to the SEDS process:

``Governmental infrastructure'' includes the

constitutional, legal, and administrative development requisite for

independent governance.

``Economic infrastructure'' includes the physical,

commercial, industrial and/or agricultural components necessary for a

functioning local economy which supports the life-style embraced by the

Native American community.

``Social infrastructure'' includes those components

through which health of the people and the environment and economic

well-being are maintained within the community and that support

governance and economic goals.

These definitions should be kept in mind as a local strategy is

developed as part of the application for project funding. Without a

careful balance between governmental, economic and social development

infrastructures, a community's development efforts could be

jeopardized. The recently added emphasis on environmental concerns

(Pub. L. 103-139 and Pub. L. 101-408) does not in any way negate the

SEDS approach but requires the enrichment of each dimension of SEDS.

For example, expansion of social services, without providing

opportunities for employment, economic development and environmental

protection, could lead to dependency on social services. Conversely,

inadequate social support services and training could seriously impede

productivity and local economic development and environmental

protection. Additionally, infrastructures must be developed or expanded

at the tribal or village level to support social and economic

development and growth with proper consideration of their impacts on

the environment.

B. Proposed Projects To Be Funded

1. General Considerations

The Administration for Native Americans assists eligible applicants

(see section C below) in undertaking one-to-three year development

projects that are a part of long-range comprehensive plans to move

toward environmental regulatory enhancement and be interrelated with a

community's social and economic development plans.

Applicants must also propose a concrete, locally determined

strategy to carry out the project's goals, objectives, and work plans.

Local long-range planning must consider the maximum use of all

available resources, how these resources will be directed toward

planning and development opportunities, and present a strategy for

overcoming the local issues that hinder environmental regulatory

enhancement.

The Administration for Native Americans encourages applicants to

design project strategies to achieve their specific environmental

regulatory enhancement goals and to use available human, natural,

financial, and physical resources to which the applicant has access.

Non-ANA resources should be leveraged to strengthen and broaden the

impact of the proposed project in the community. Project designs should

explain how those parts of projects which ANA does not fund will be

financed through other sources. For example, ANA does not fund

construction. Applicants must show the relationship of non-ANA funded

activities to those objectives and activities that are funded with ANA

grant funds.

All projects funded by ANA must be completed, or self-sustaining or

supported with other than ANA funds at the end of the project period.

``Completed'' means that the project ANA funded is finished, and the

desired result(s) have been attained. ``Self-sustaining'' means that a

project will continue without outside resources. ``Supported by other

than ANA funds'' means that the project will continue beyond the ANA

project period, but will be supported by funds other than ANA's.

2. Activities That Cannot Be Funded by ANA

The Administration for Native Americans does not fund programs

which operate indefinitely or require ANA funding on a recurring basis.

The Administration for Native Americans does not fund objectives or

activities for the core administration of an organization. ``Core

administration'' is defined as funding for staff salaries for those

functions which support the organization as a whole, or for purposes

unrelated to the actual management or implementation of work conducted

under an ANA approved project.

However, functions and activities that are clearly project related

are eligible for grant funding. For example, the management and

administrative functions necessary to carry out an ANA approved project

are not considered ``core administration'' and are therefore grant

eligible costs. Additionally, ANA will fund the salaries of approved

staff for time actually and reasonably spent to implement a funded ANA

project.

C. Eligible Applicants

1. Who Is Eligible To Apply?

The following organizations are eligible to apply:

Federally recognized Indian tribes as listed in the

Federal Register Notice dated October 21, 1993;

Incorporated non-Federally and state recognized Indian

tribes;

Alaska Native villages as defined in the Alaska Native

Claims Settlement Act (ANCSA) and/or nonprofit village consortia;

Nonprofit Alaska Native Regional Corporations and/or

associations with village specific projects;

Other tribal or village organizations or consortia of

Indian tribes.

2. Who Is Not Eligible?

The following organizations are not eligible to apply:

Urban Indian Centers;

Incorporated nonprofit multi-purpose community-based

Indian organizations;

Public and nonprofit private agencies serving: Native

Hawaiians, peoples from Guam, American Samoa, Palau, or the

Commonwealth of Northern Mariana Islands;

Incorporated nonprofit Alaska Native multi-purpose

community based organizations;

National or regional incorporated nonprofit Native

American organizations with Native American community-specific

objectives.

D. Available Funds

Approximately $3 million of Fiscal Year 1994 funds were

appropriated and are available to support this regulatory enhancement

effort. ANA expects to award approximately 35 grants in amounts up to

$250,000 per budget period.

Each tribe, Native American organization, or other eligible

applicant can receive only one grant award under this announcement. The

Administration for Native Americans will accept only one application

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

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

review unless the applicant withdraws the earlier application.

Applicants who have current ANA SEDS grants are eligible to apply for

funds under this program announcement.

E. Multi-Year Projects

This announcement is soliciting applications for project periods up

to three years. Awards on a competitive basis, will be for a one-year

budget period, although project periods may be for up to three years.

Applications for continuation grants funded under these awards beyond

the one-year budget period, but within the three year project period,

will be entertained in subsequent years on a non-competitive basis

subject to availability of funds, satisfactory progress of the grantee

and determination that continued funding would be in the best interest

of the government. A multi-year project cannot be a series of unrelated

objectives with activities presented in chronological order over a two

or three period. Timely submission of objective progress reports on

work under a grant is essential to continued funding of that grant.

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

multi-year project is a project on a single theme that requires more

than 12 months to complete and affords the applicant an opportunity to

develop and address more complex and in-depth strategies than can be

completed in one year. Applicants are encouraged to develop multi-year

projects. A multi-year project cannot be a series of unrelated

objectives with activities presented in chronological order over a two

or three year period.

The budget period for each multi-year project grant is 12 months.

The non-competitive funding for the second and third years is

contingent upon the grantee's satisfactory progress in achieving the

objectives of the project, according to the approved Objective Work

Plan (OWP), the availability of Federal funds, and compliance with the

applicable statutory, regulatory and grant requirements, including

timely submission of objective progress reports (OPRs).

F. Grantee Share of Project

Grantees must provide at least 20 percent of the total approved

cost of the project. The total approved cost of the project is the sum

of the Federal share and the non-Federal share. The non-Federal share

may be met by cash or through the provision of in-kind property or

services, but only to the extent that cash or property is from any

source (including any Federal agency) other than a program, contract or

grant authorized under the Native American Programs Act of 1974, as

amended. Therefore, a project requesting $300,000 in Federal funds

(based on an award of $100,000 per budget period for three years), must

include a match of at least $75,000 (20% of the total project costs).

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

source, must be included in an application. A request for a waiver of

the non-Federal share requirement may be submitted in accordance with

45 CFR 1336.50(b)(3) of the Native American Program Regulations.

G. Intergovernmental Review of Federal Programs

This program is not covered by Executive Order 12372.

H. The Application Process

1. Availability of Application Forms

In order to be considered for a grant under this program

announcement, an application must be submitted on the forms supplied

and in the manner prescribed by ANA. The application kits containing

the necessary forms and instructions may be obtained from: Department

of Health and Human Services, Administration for Children and Families,

Administration for Native Americans, room 348F, Hubert H. Humphrey

Building, 200 Independence Avenue, SW., Washington, DC 20201-0001,

Attention: Rita LeBeau, Phone: (202) 690-5790.

2. Application Submission

One signed original, and two copies of the grant application,

including all attachments, must be hand delivered or postmarked by the

closing date to: Department of Health and Human Services,

Administration for Children and Families, 6th Floor East, 370 L'Enfant

Promenade, SW., Washington, DC 20447.

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

act for the applicant, and (2) to assume the applicant's obligations

under the terms and conditions of the grant award, including statutory

and regulatory requirements.

3. Application Consideration

The Commissioner of the Administration for Native Americans

determines the final action to be taken on each grant application

received under this program announcement. The following points should

be taken into consideration by all applicants:

Incomplete applications and applications that do not

conform to this announcement will not be accepted for review.

Applicants will be notified in writing of any such determination by

ANA.

Complete applications that conform to all the requirements

of this program announcement are subjected to a competitive review and

evaluation process (discussed in section I below). An independent

review panel consisting of reviewers familiar with American Indian

Tribes, tribal communities and organizations, and environmental issues

evaluates each application against the published criteria in this

announcement. The review will result in a numerical score attributed to

each application. The results of this review assist the Commissioner in

making final funding decisions.

The Commissioner's funding decision also takes into

account the analysis of the application, and recommendations and

comments of ANA staff, State and Federal agencies having contract and

grant performance related information, and other interested parties.

The Commissioner makes grant awards consistent with the

purpose of the Act, all relevant statutory and regulatory requirements,

this program announcement, and the availability of funds.

After the Commissioner has made decisions on all

applications, unsuccessful applicants are notified in writing within

approximately 120 days of the closing date. The notification will be

accompanied by a critique including recommendations for improving the

application. Successful applicants are notified through an official

Financial Assistance Award (FAA) document. The Administration for

Native Americans staff cannot respond to requests for information

regarding funding decisions prior to the official notification to the

applicants. The FAA will state the amount of Federal funds awarded, the

purpose of the grant, the terms and conditions of the grant award, the

effective date of the award, the project period, the budget period, and

the amount of the non-Federal matching share requirement.

I. Review Process and Criteria

1. Initial Application Review

Timely applications submitted under this program announcement will

undergo a pre-review to determine that:

The applicant is eligible in accordance with the Eligible

Applicants Section of this announcement; and

The application narrative, forms and materials submitted

are adequate to allow the review panel to undertake an in depth

evaluation. (All required materials and forms are listed in the Grant

Application Checklist in the Application Kit.)

2. Determination of Ineligibility

Applicants who are initially rejected from competitive evaluation

because of ineligibility, may appeal an ANA decision of applicant

ineligibility. Likewise, applicants may also appeal an ANA decision

that an applicant's proposed activities are ineligible for funding

consideration. Section 810(b) [42 U.S.C. 2991h] of the Native American

Programs Act Amendments provides for an appeals process when ANA

determines that an organization or activities are ineligible for

assistance. Section 810(b) [42 U.S.C. 2991h] provides that if an

application is rejected on the grounds that the applicant is ineligible

or that activities proposed by the applicant are ineligible for

funding, the applicant may appeal to the Secretary, not later than 30

days after the date of receipt of notification of such rejection, for a

review of the grounds for such rejection. On appeal, if the Secretary

finds that an applicant is eligible or that its proposed activities are

eligible, such eligibility shall not be effective until the next cycle

of grant proposals are considered by the Administration.

3. Competitive Review of Accepted Applications

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

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

criteria listed below. These criteria are used to evaluate the quality

of a proposed project, and to determine the likelihood of its success.

The five programmatic and management criteria are closely related

to each other. They are considered as a whole in judging the overall

quality of an application. Points are awarded only to applications

which are responsive to this announcement and these criteria. The five

evaluation criteria are:

(1) Long-Range Goals and Available Resources (15 Points)

(a) The application explains how the specific environmental

regulatory enhancement goal relates to the proposed project. The

description includes local objectives related to the program purpose of

this announcement. The discussion should highlight specific

environmental regulatory needs and explain how the community intends to

achieve the goal. It documents the type of involvement and support of

the community in the planning and implementation of the project. The

application has a clearly delineated strategy to improve the capability

of the governing body of a tribe to regulate environmental quality

through enhancing local capacity to perform necessary regulatory

functions.

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

coordinated with the project, are described. These resources should be

documented by letters or documents of commitment of resources, not

merely letters of support. ``Letters of support'' merely express

another organization's endorsement of a proposed project. Support

letters are not binding commitment letters or documents that factually

establish the authenticity of other resources. Letters and other

documents of commitment are binding in that they specifically state the

nature, amount and conditions under which another agency or

organization will support a project funded with ANA monies. For

example, a letter from another Federal agency or foundation pledging a

commitment of $200,000 in construction funding to complement proposed

ANA funded pre-construction activity is evidence of a firm funding

commitment. These resources may be human, natural or financial, and may

include other Federal and non-Federal resources. Applicant statements

that additional funding will be sought from other specific sources is

not considered a binding commitment of outside resources.

(2) Organizational Capabilities and Qualifications (15 Points)

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

described and explained. Evidence of the applicant's ability to manage

a project of the scope proposed is well documented. The application

clearly shows the successful management of prior or current projects of

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

to manage or consult on the project. The tribe itself may not have

experience to meet this requirement but the staff and consultants that

it has agreed to hire should contain the required experience and

capability. The applicant should clearly describe any previous or

current activities of all participants in support of environmental

regulatory enhancement.

(b) Position descriptions or resumes of key personnel, including

those of consultants, are presented. The position descriptions and

resumes relate specifically to the staff proposed in the Approach Page

and in the proposed Budget of the application. Position descriptions

very clearly describe each position and its duties and clearly relate

to the personnel staffing required to achieve the project objectives.

Resumes indicate that the proposed staff are qualified to carry out the

project activities. Either the position descriptions or the resumes set

forth the qualifications that the applicant believes are necessary for

overall quality management of the project.

(3) Project Objectives, Approach and Activities (40 Points)

The application proposes specific project objective work plans with

activities related to the environmental regulatory enhancement strategy

and the overall long-term goals. The objective work plan(s) in the

application include(s) project objectives and activities for each

budget period proposed and demonstrates that each of the objectives and

its activities:

Are measurable and/or quantifiable in terms of results or

outcomes;

Are based on the fully described and locally determined

strategy narrative for environmental regulatory enhancement;

Clearly relate to the community's long-range environmental

goals which the project addresses;

Can be accomplished with the available or expected

resources during the proposed project period;

Indicate when the objective, and major activities under

each objective, will be accomplished;

Specify who will conduct the activities under each

objective; and,

Support a project that will be completed, self-sustaining,

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

(4) Results or Benefits Expected (20 Points)

The proposed objectives will result in specific, measurable

outcomes to be achieved that will clearly contribute to the completion

of the overall project and will help the community meet its

environmental goals. The specific information provided in the narrative

and objective work plans on expected results or benefits for each

objective is the standard upon which its achievement can be evaluated

at the end of each budget year.

(5) Budget (10 Points)

There is a detailed budget with comprehensive narrative provided

for each budget period requested. The budget is fully explained. It

justifies each line item in the budget categories in Section B of the

Budget Information of the application, including the applicant's non-

Federal share and its source. Sufficient cost and other detail is

included and explained to facilitate the determination of cost

allowability and the relevance of these costs to the proposed project.

The funds requested are appropriate and necessary for the scope of the

project.

J. Guidance to Applicants

The following is provided to assist applicants in developing a

competitive application.

1. Program Guidance

The Administration for Native Americans funds projects

that present the strongest prospects for fulfilling a community's

environmental regulatory enhancement goals. The Administration for

Native Americans does not fund on the basis of need alone.

In discussing the goals, strategy, and problems being

addressed in the application, include sufficient background and/or

history of the community concerning environmental issues and/or

progress to date, as well as the size of the population to be served.

An application should describe a clear relationship

between the proposed project and the community's long-range

environmental goals or plan.

The project application must clearly identify in

measurable terms the expected results, benefits or outcomes of the

proposed project, and its positive or continuing impact on the

community.

Supporting documentation or other testimonies from

interested parties other than the applicant should be included to

provide support for the feasibility and the commitment of other

resources to implement or conduct the proposed project.

In the ANA Project Narrative, Section A of the application

package, Resources Available to the Proposed Project, the applicant

should describe any specific financial circumstances which may impact

on the project, such as any monetary or land settlements made to the

applicant, and any restrictions on the use of those settlements. When

the applicant appears to have other resources to support the proposed

project and chooses not to use them, the applicant should explain why

it is seeking ANA funds and not utilizing these resources for the

project.

ANA defines ``environmental regulatory enhancement'' as

encompassing (but not limited to) the planning, development, and

application of laws, training, monitoring, and enforcement procedures,

tribal courts, environmental laboratories and other facilities, and

associated regulatory activities to strengthen the tribal government's

capacity to enhance the quality of reservation life as measured by the

reduction of pollutants in the air, water, soil, food and materials

encountered by inhabitants of tribes and villages.

2. Technical Guidance

It is strongly suggested that the applicant follow the

Supplemental Guide included in the ANA application kit to develop an

application. The Guide provides practical information and helpful

suggestions, and is an aid to help applicants prepare ANA applications

for environmental regulatory enhancement projects.

Applicants are encouraged to have someone other than the

author apply the evaluation criteria in the program announcement and to

score the application prior to its submission, in order to gain a

better sense of the application's quality and potential competitiveness

in the ANA review process.

There is no maximum or minimum amount of Federal funds

that may be requested.

For purposes of developing an application, applicants

should plan for a project start date approximately 120 days after the

closing date.

The Administration for Native Americans will accept only

one application from any one applicant. If an eligible applicant sends

in two applications, the one with the earlier postmark will be accepted

for review unless the applicant withdraws the earlier application.

An application from a Federally recognized tribe or an

organization serving members of a Federally recognized tribe must be

from the governing body of the tribe.

The application's Form 424 must be signed by the

applicant's representative authorized to act with full authority on

behalf of the applicant.

The Administration for Native Americans recommends that

the pages of the application be numbered sequentially from the first

page, and that a table of contents be provided. This allows for easy

reference during the review process. Simple tabbing of the sections of

the application is also helpful to the reviewers.

Two copies of the application plus the original are

required.

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

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

The Approach page (Section B of the ANA Program Narrative)

for each Objective Work Plan proposed should be of sufficient detail to

become a monthly staff guide for project responsibilities if the

applicant is funded.

The applicant should specify the entire project period

length on the first page of the Form 424, Block 13, not the length of

the first budget period. If the application narrative and Form 424

propose different project periods, ANA will consider the project period

specified on the Form 424 as governing.

Line 15a of the 424 should specify the Federal funds

requested for the first Budget Period, not the entire project period.

Applicants proposing multi-year projects must fully

describe each year's project objectives and activities. Separate

Objective Work Plans (OWPs) must be presented for each project year and

a separate itemized budget of the Federal and non-Federal costs of the

project for each budget period must be included.

Applicants for multi-year projects must justify the entire

time-frame of the project (i.e., why the project needs funding for more

than one year) and clearly describe the results to be achieved for each

objective by the end of each budget period of the total project period.

3. Projects or Activities That Generally Will Not Meet the Purposes of

This Announcement

Projects in which a grantee would provide training and/or

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

organizations (``third party T/TA''). However, the purchase of T/TA by

a grantee for its own use or for its members' use (as in the case of a

consortium), where T/TA is necessary to carry out project objectives,

is acceptable.

Projects that request funds for feasibility studies,

plans, or written materials, such as manuals, that are not an essential

part of the applicant's environmental regulatory enhancement strategy.

The Administration for Native Americans is not interested in funding

`wish lists.' The Administration for Native Americans expects written

evidence of the solid investment of time and consideration on the part

of the applicant with regard to proposed projects.

Core administration functions, or other activities, that

essentially support only the applicant's on-going administrative

functions.

Proposals from consortia of tribes that are not specific

with regard to support from, and roles of, member tribes. The

Administration for Native Americans expects an application from a

consortium to have goals and objectives that will create positive

impacts and outcomes in the communities of its members. In situations

where both consortia of tribes and individual consortia tribal members

receive ANA funding, ANA expects that consortia groups will not seek

funding that duplicates what their member tribes are doing.

Projects which should be supported by other Federal

funding sources that are appropriate, and available, for the proposed

activity.

Projects that will not be completed, self-sustaining, or

supported by other than ANA funds, at the end of the project period.

The purchase of real estate (see 45 CFR 1336.50 (e)) or

construction.

Projects originated and designed by consultants who

provide a major role for themselves in the proposed project and are not

members of the applicant organization, tribe or village.

The Administration for Native Americans will critically evaluate

applications in which the acquisition of major capital equipment is a

major component of the Federal share of the budget. During negotiation,

such expenditures may be deleted from the budget of an otherwise

approvable application, if not fully justified by the applicant and not

deemed appropriate to the needs of the project by ANA.

K. Paperwork Reduction Act of 1980

Under the Paperwork Reduction Act of 1980, Pub. L. 96-511, the

Department is required to submit to the Office of Management and Budget

(OMB) for review and approval any reporting and record keeping

requirements in regulations including program announcements. This

program announcement does not contain information collection

requirements beyond those approved for ANA grant applications under the

Program Narrative Statement by OMB.

L. Due Date for Receipt of Applications

The closing date for applications submitted in response to this

program announcement is June 17, 1994.

M. Receipt of Applications

Applications must either be hand delivered, or postmarked by the

closing date, to the address in Section H, The Application Process:

Application Submission.

The Administration for Native Americans will not accept

applications submitted via facsimile (FAX) equipment.

Deadlines. Applications mailed through the U.S. Postal Service or a

commercial delivery service shall be considered as meeting an announced

closing date if they are either: (1) Received on or before the deadline

date at the address specified in Section H, Application Submission, or

(2) postmarked by the deadline date and received in time for the ANA

independent review. (Applicants are cautioned to request a legible

postmark date from the U.S. Postal Service. Private metered postmarks

shall not be acceptable as proof of timely mailing.)

Late applications. Applications which do not meet the criteria in

the above paragraph of this section are considered late applications

and will be returned to the applicant. The Administration for Native

Americans shall notify each late applicant that its application will

not be considered in the current competition.

Extension of deadlines. The Administration for Native Americans may

extend the deadline for all applicants because of acts of God such as

floods, hurricanes, etc., or when there is a widespread disruption of

the mails. However, if ANA does not extend the deadline for all

applicants, it may not waive or extend the deadline for any applicant.

(Catalog of Federal Domestic Assistance Program Number 93.612)

Dated: January 24, 1994.

Dominic Mastrapasqua,

(Acting) Commissioner, Administration for Native Americans.

[FR Doc. 94-8273 Filed 4-6-94; 8:45 am]

BILLING CODE 4184-01-P

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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