Family Violence Prevention and Services Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

[Program Announcement No. 97-06]

Family Violence Prevention and Services Program

AGENCY: Office of Community Services, ACF, DHHS.

ACTION: Notice of the availability of funding to States and Native

American Tribes and Tribal organizations for family violence prevention

and services.

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SUMMARY: This multi-year announcement supersedes Program Announcement

No. OCS 95-04, published January 11, 1995 in Volume 60, No.7, pages

2769-2780 of the Federal Register. This announcement governs the

proposed award of formula grants under the Family Violence Prevention

and Services Act to States (including Territories and Insular Areas)

and Native American Tribes and Tribal organizations. The purpose of

these grants is to assist States and Tribes in establishing,

maintaining, and expanding programs and projects to prevent family

violence and to provide immediate shelter and related assistance for

victims of family violence and their dependents.

This announcement sets forth the application requirements, the

application process, and other administrative and fiscal requirements

for grants in fiscal years (FY) 1997 through FY 2000.

CLOSING DATES AND APPLICATIONS: Applications for FY 1997 family

violence grant awards meeting the criteria specified in this

announcement should be received no later than July 15, 1997. Grant

applications for FY 1998 through FY 2000 should be received at the

address specified below by December 15 of each subsequent fiscal year.

ADDRESSES: Applications should be sent to Office of Community Services,

Administration for Children and Families, Attn: William D. Riley, 5th

Floor, West Wing, 370 L'Enfant Promenade, SW., Washington, D.C. 20447.

FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529, James

Gray (202) 401-5705 or Trudy Hairston (202) 401-5319.

SUPPLEMENTARY INFORMATION:

Note: We Strongly Recommend That States and Native American

Tribes and Tribal Organizations Keep a Copy of This Federal Register

Notice for Future Reference. The Requirements Set Forth in This

Announcement Will Apply to State and Native American Family Violence

Program Grants for FY 1997 Through FY 2000. Information Regarding

Any Changes in Available Funds, State/Tribal Allocations, and

Administrative and Reporting Requirements Will Be Provided by

Program Announcement in the Federal Register or by Program

Instruction.

Part I. Reducing Family and Intimate Violence Through Coordinated

Prevention and Services Strategies

A. The Importance of Coordination of Services

Family and intimate violence has serious and far reaching

consequences for individuals, families and communities. A recent report

from the National Research Council, ``Understanding Violence Against

Women'' (1996) concludes that, ``Women are far more likely than men to

be victimized by an intimate partner (Kilpatrick, et. al., 1992;

Bachman, 1994; Bachman and Saltzman, 1995) * * * It is important to

note that attacks by intimates are more dangerous to women than attacks

by strangers: 52 percent of the women victimized by an intimate sustain

injuries, compared with 20 percent of those victimized by a stranger

(Bachman and Saltzman, 1995). Women are also significantly more likely

to be killed by an intimate than are men. In 1993, 29 percent of female

homicide victims were killed by their husbands, ex-husbands, or

boyfriends; only 3 percent of male homicide victims were killed by

their wives, ex-wives, or girlfriends (Federal Bureau of Investigation,

1993).''

The impacts of such family and intimate violence include physical

injury and death of primary or secondary victims, psychological trauma,

isolation from family and friends, harm to children witnessing or

experiencing violence in homes in which the violence occurs, increased

fear, reduced mobility and employability, homelessness, substance

abuse, and a host of other health and related mental health

consequences.

It is estimated that between 12 percent and 35 percent of women

visiting emergency rooms with injuries are there because of battering

(Randall, 1990; Abbot, et. al., 1995). Estimates of the number of women

who are homeless because of battering range from 27 percent (Knickman

and Weitzman, 1989) to 41 percent (Bassuk and Rosenberg, 1988) to 63

percent of all homeless women (D'ercole and Struening, 1990). The

significant correlation between domestic violence and child abuse

(Edelson, 1995; Stark and Flitcraft, 1988; Strauss and Gelles, 1990),

and the use of welfare by battered women as an ``economic escape

route'' (Raphael, 1995) also suggest the need to coordinate domestic

violence intervention activities with those addressing child abuse and

welfare reform activities at the Federal, State and local levels.

When programs that seek to address these issues operate

independently of each other, a fragmented, and consequently less

effective, service delivery and prevention system may be the result.

Coordination and collaboration among the police, prosecutors, the

courts, victim services providers, child welfare and family

preservation services, and medical and mental health service providers

is needed to provide more responsive and effective services to victims

of domestic violence and their families. It is essential that all

interested parties are involved in the design and improvement of

intervention and prevention activities.

To help bring about a more effective response to the problem of

domestic violence, the Department of Health and Human Services (HHS)

urges States and Native American Tribes receiving funds under this

grant announcement to coordinate activities funded under this grant

with other new and existing resources for the prevention of family and

intimate violence and related issues.

B. On-Going Coordination Efforts

1. Federal Coordination

In the fall of 1993, a Federal Interdepartmental Work Group

(including the Departments of Health and Human Services, Justice,

Education, Housing and Urban Development, Labor, and Agriculture) began

working together to study cross-cutting issues related to violence, and

to make recommendations for action in areas such as youth development,

schools,

[[Page 27046]]

juvenile justice, family violence, sexual assault, firearms, and the

media. The recommendations formed a framework for ongoing policy

development and coordination within and among the agencies involved.

Based on these initial coordination efforts, a new

interdepartmental strategy was developed for implementing the programs

and activities enacted in the Violent Crime Control and Law Enforcement

Act of 1994 (Crime Bill). A Steering Committee on Violence Against

Women is currently coordinating activities among family violence-

related programs and across agencies and departments. Also, in 1996,

the Departments of Justice and Health and Human Services announced the

formation of a National Advisory Council on Violence Against Women to

help coordinate efforts, assist victims, and advise the Federal

Government on implementation of the Violence Against Women Act (VAWA).

2. Opportunities for Coordination at the State and Local Level

The major domestic violence intervention and prevention activities

funded by the Federal government focus on law enforcement and justice

system strategies; victim protection and assistance services; and

prevention activities, including public awareness and education.

Federal programs also serve related needs, such as housing, family

preservation and child welfare services, substance abuse treatment, and

job training.

We want to call to your attention two major programs, enacted by

Congress in the past few years, that provide new funds to expand

services and which require the on-going involvement of State agencies,

Indian tribes, State Domestic Violence Coalitions, and others

interested in prevention and services for victims of domestic violence.

These programs are: Law Enforcement and Prosecution Grants to Reduce

Violent Crimes Against Women, administered by the Department of

Justice, (also known as the STOP grants), and the Family Preservation

and Support Services program, administered by DHHS. Both programs

(described below) require the State agencies and Indian tribes

administering these programs to conduct an inclusive, broad-based,

comprehensive planning process at the State and community level.

In addition, the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, the Welfare Reform law, offers an

opportunity for those organizations providing domestic violence

intervention and prevention services to work with State welfare

agencies in providing safety planning and services to welfare

recipients who may be battered. We believe the expertise and

perspective of the family violence prevention and services field will

be invaluable as decisions are made on how best to use these funds and

design service delivery improvements.

(a) Law Enforcement and Prosecution Grants To Reduce violence Crimes

Against Women

Enacted as part of the Violence Against Women Act (VAWA), this law

provides an opportunity to respond to violence against women in a

comprehensive manner. It emphasizes the development of Federal, State

and local partnerships to assure that offenders are prosecuted to the

fullest extent of the law, that crime victims receive the services they

need and the dignity they deserve, and that all parts of the criminal

justice system have training and funds to respond effectively to both

offenders and crime victims.

The Office of Justice Programs (OJP) in the Department of Justice

(DOJ) implemented a new formula grant program, known informally as the

Stop Violence Against Women Formula Grants (Services, Training,

Officers, prosecution) which made available $26 million to States in FY

1995, $130 million to States in FY 1996, and $145 million to States in

FY 1997.

States must allocate at least 25 percent of their funds to law

enforcement activities, at least 25 percent to prosecution activities,

and at least 25 percent to nonprofit nongovernmental victims services,

including underserved populations. These grant funds are to help

develop, strengthen, and implement effective law enforcement,

prosecution, and victim assistance strategies. Eligibility for this

program is limited to the States, Territories and the District of

Columbia.

The Violence Against Women Act stipulates that four percent of the

funds appropriated each year for the STOP program will be awarded to

Indian tribal governments. The OJP grant regulations and program

guidelines will address the requirements of both the formula grant and

the Indian grant programs.

In order to be eligible for DOJ funds, States must develop a plan

for implementation. As a part of the planning process, the Violence

Against Women Act requires that States must consult with nonprofit,

nongovernmental victims' services programs including sexual assault and

domestic violence victim services programs. Such a coordinated approach

will also require a partnership and collaboration among the police,

prosecutors, the courts, shelter and victims service providers, and

medical and mental health professionals. OJP expects that States will

draw into the planning process the experience of existing domestic

violence task forces and coordinating councils such as the State

Agencies and the State Domestic Violence Coalitions, as well as

representatives from key components of the criminal justice system and

other professionals who interact with women who are victims of

violence.

(b) Family Preservation and Family Support Services Program

In August 1993, Congress created a new program entitled ``Family

Preservation and Support Services'' (Title IV-B of the Social Security

Act). Funds under this program are awarded to State Child Welfare

agencies to provide needed services and to help bring about better

coordination among child and family services programs at the state and

local level. Many jurisdictions are including domestic violence

programs and advocacy organizations in their on-going planning and

services system to better address the needs of victims of family

violence and their dependents.

Family preservation services include intensive services assisting

families at-risk or in crisis, particularly in cases where children are

at risk of being placed out of the home. Victims of family violence and

their dependents are considered at-risk or in crisis.

Family support services include community-based preventive

activities designed to strengthen parents' ability to create safe,

stable, and nurturing home environments that promote healthy child

development. These services also include assistance to parents

themselves through home visiting and activities such as drop-in center

programs and parent support groups.

(c) The Personal Responsibility and Work Opportunity Reconciliation Act

of 1996 (Welfare Reform)

On August 22, 1996, Public Law 104-193 was enacted which abolished

Aid to Families with Dependent Children (AFDC) and other related

programs. Under this new law, the authority and responsibility to

determine which families will receive assistance (cash and/or services)

and how much under the new Temporary Assistance to Needy Families

(TANF) Block Grant, (which replaces AFDC) has been shifted from the

Federal government to the States; States will also decide which

programs

[[Page 27047]]

will exist within their States to serve eligible families.

Under this new law, each State must submit a State plan to the

Department of Health and Human Services in order to receive TANF block

grant funds. The plan must certify that local government and private

sector organizations have been consulted about the plan and have had at

least 45 days in which to comment. There are two areas of the Act which

specifically refer to domestic violence: (1) States are allowed to

exempt 20 percent of their caseload from the 60-month limit on

receiving welfare benefits for ``reason of hardship or if the family

includes an individual who has been battered or subjected to extreme

cruelty'' (Section 408(a)(7)(C)(i)); and (2) the Family Violence

Amendment, (also known as the Wellstone/Murray Family Violence

provision), where States have the option to include a certification

about victims of domestic violence in their State plans which allows

States to waive certain requirements for certain domestic violence

victims (Section 402(a)(7)).

(d) The Role and Activities of State Domestic Violence Coalitions in

Coordination

State Domestic Violence Coalitions have an important role in

ensuring that these and other Federal and State initiatives are

informed by and coordinated with related intervention and prevention

efforts. It remains important that State coalition efforts to improve

the judicial, social services, and health systems response to domestic

violence continue to expand and are coordinated with State agency

initiatives in these areas.

In 1966, the National Center for Injury Prevention and Control of

the Centers for Disease Control and Prevention (CDC) initiated a

project to compile an inventory of funding sources for domestic

violence and sexual assault coalitions and community-based programs.

This included a survey of coalitions and programs to identify the types

of funding received and the activities this funding supported. The

survey used the following categories to capture the range of activities

of many State domestic violence coalitions:

Services Advocacy includes work to support the growth and

development of community-based domestic violence programs, including

the provision of training and technical assistance to those providing

direct services (e.g., providing training and technical assistance to

hotline /shelter workers and legal advocates, developing program

standards for domestic violence programs).

Systems Advocacy is work to effect policy and procedural change in

order to improve the institutional response to domestic violence (e.g.,

developing protocols for medical or mental health providers, training

for those who work in the criminal and civil justice, welfare ,child

protective services, legal services, and educational systems. The

development of coordinated community interventions, public policy

advocacy directed at changing State/local laws, policies, practices

related to domestic violence, and the development and implementation of

statewide standards for batterers intervention programs).

Statewide Planning includes needs assessment and planning

activities designed to document gaps in current response and prevention

efforts and to guide future activities.

Public Awareness/Community Education includes work designed to

inform and mobilize the general public around domestic violence issues

(e.g., education programs in elementary, middle and high schools and

expanded outreach to underserved populations).

Administration includes activities directed at supporting

organizational functioning, such as fiscal and programmatic record

keeping and reporting, state-wide management of programs, and

fundraising.

Direct Services are those provided directly to victims of domestic

violence or to their families, friends, or supporters by a State

coalition (e.g., State-wide hotline, information and referral, legal

advocacy services, etc.).

The above categories are included as an overview of the role that

State coalitions may play in domestic violence intervention and

prevention and the types of collaborative activities the Family

Violence Prevention and Service Act are meant to support.

Part II. Programmatic and Funding Information

A. Background

Title III of the Child Abuse Amendments of 1984 (Public Law 98-457,

42 U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention

and Services Act'' (the Act). The Act was first implemented in FY 1986,

reauthorized and amended in 1992 by Public Law 102-295, in 1994 by

Public Law 103-322, the Violent Crime Control and Law Enforcement Act,

and in 1996 by Pub. L. 104-235, the Child Abuse Prevention and

Treatment Act (CAPTA) of 1996.

The purpose of this legislation is to assist States and Native

American Tribes and Tribal organizations in supporting the

establishment, maintenance, and expansion of programs and projects to

prevent incidents of family violence and to provide immediate shelter

and related assistance for victims of family violence and their

dependents.

During FY 1996, 220 grants were made to States and Native American

Tribes. The Department also made 52 family violence prevention grant

awards to nonprofit State domestic violence coalitions.

In addition, the Department supports the National Resource Center

for Domestic Violence (NRC) and three Special Issue Resource Centers

(SIRCs). The SIRCs are the Battered Women's Justice Project; the

Resource Center on Child Custody and Protection, and the Health

Resource Center on Domestic Violence. The purpose of the NRC and the

SIRCs is to provide resource information, training, and technical

assistance to Federal, State, and Native American agencies, local

domestic violence prevention programs, and other professionals who

provide services to victims of domestic violence.

To carry out a new provision of the Crime Bill, the President

announced in February, 1996, the Department's funding of a national

domestic violence hotline to ensure that every woman has access to

information and emergency assistance wherever and whenever she needs

it. The national domestic violence hotline is a 24-hour, toll-free

service which provides crisis assistance, counseling, and local shelter

referrals to women across the country. Hotline counselors also are

available for non-English speaking persons and for people who are

hearing impaired. The hotline number is 1-800-799-SAFE; the TDD number

for the hearing impaired is 1-800-787-3224

B. Funds Available

Congress appropriated $62,000,000 for FY 1997 to carry out the

Family Violence Prevention and Services program. In addition, through

the Violence Crime Reduction Trust Fund, $10,800,000 was authorized for

the Grants to Battered Women's Shelter program and $1,200,000 for the

National Domestic Violence Hotline. The grant award for the National

Domestic Violence Hotline is made in a separate announcement.

Of the total appropriated in section 310(a) for fiscal year 1997,

we will allocate 70 percent of the total ($72,800,000) to the

designated State agencies administering family violence prevention and

services programs; 10 percent to the Tribes and Tribal organizations

for the establishment and operation of shelters, safe houses, and

[[Page 27048]]

the provision of related services; and 10 percent to the State Domestic

Violence Coalitions to continue their work within the domestic violence

community by proving technical assistance and training, and advocacy

services among other activities with local domestic violence programs

and to encourage appropriate responses to domestic violence within the

States.

We also will make 5 percent of the $72,800,000 available to

continue the support for the National Resource Center and the three

Special Issue Resource Centers. The remaining 5 percent of the FY 1997

family violence prevention and services funding will be used to support

training and technical assistance, collaborative projects with advocacy

organizations and service providers, data collection efforts, public

education activities, research and other demonstration activities.

C. State Allocation

The Secretary is required to make available not less than 70

percent of amounts appropriated under Section 310(a) for grants to

States and not less than 10% of amounts appropriated under Section

310(a) for grants to Native American Tribes and Tribal organizations.

Family Violence grants to the States, the District of Columbia, and

the Commonwealth of Puerto Rico are based on population. Each grant

shall be not less than 1% of the amounts appropriated for grants under

section 303(a) or $400,000, whichever is the lesser amount. The CAPTA

reauthorization raised the minimum grant to States from $200,000 to

$400,000. State allocations are listed as Appendix A at the end of this

announcement and have been computed based on the formula in section 304

of the Act.

For the purpose of computing allotments, the statute provides that

Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands,

and the Republic of Palau will each receive grants of not less than

one-eighth of 1% of the amounts appropriated. However, on October 1,

1994, Palau became independent and a Compact of Free Association

between the United States and Palau came into effect. This change in

the political status of Palau has the following effect on Palau's

allocation:

In FY 95, Palau was entitled to 100% of its allocation. Beginning

in FY 96, its share was to be reduced as follows:

FY 96--not to exceed 75% of the total amount appropriated for such

programs in FY 95;

FY 97--not to exceed 50% of the total amount appropriated for such

programs in FY 95;

FY 98--not to exceed 25% of the total amount appropriated for such

programs in FY 95.

D. Native American Tribal Allocations

Of the $72,800,000 appropriated for FY 1997, $7,280,000 is

authorized for grants to Native American Tribes. Native American Tribes

and Tribal organizations are eligible for funding under this program if

they meet the definition of such entities as found in subsections (b)

and (c), respectively, of section 4 of the Indian Self-Determination

and Education Assistance Act and are able to demonstrate their capacity

to carry out a family violence prevention and services program.

A list of currently eligible Native American Tribes is found at

Appendix B of this Announcement. Any Native American Tribe that

believes it meets the eligibility criteria and should be included in

the list of eligible tribes should provide supportive documentation in

its application and a request for inclusion. (See Native American

Tribal Application Requirements in Part V.)

In computing Native American Tribal allocations, we will use the

latest available population figures from the Census Bureau. Where

Census Bureau data are unavailable, we will use figures from the BIA

Indian Population and Labor Force Report. If not all eligible Tribes

apply, the available funds will be divided proportionally among the

Tribes which do apply and meet the requirements.

Because section 304 of the Act specifies a minimum base amount for

State allocations, we have set a base amount for Native American Tribal

allocations. Since FY 1986, we have found, in practice, that the

establishment of a base amount has facilitated our efforts to make a

fair and equitable distribution of limited grant funds.

Due to the expanded interest in the prevention of family violence

and in the provision of services to victims of family violence and

their dependents, we have received an increasing number of tribal

applications over the past several years. In order to ensure the

continuance of an equitable distribution of family violence prevention

and services funding in response to the increased number of tribes that

apply, we have changed the funding formula for the allocation of family

violence funds.

In addition to the consideration of the applicant tribe being over

or under a 3,000 member residential census we now consider the ratio of

the tribe's population to the total population of all the tribes that

have applied for these funds.

Native American Tribes which meet the application requirements and

whose reservation and surrounding Tribal Trust Lands population is:

Less than 1,500 will receive a minimum base amount of

$1,500;

Greater than 1,500 but less than 3,001 will receive a

minimum base amount of $3,000;

Between 3,001 and 4,000 will receive a minimum base amount

of $4,000; and

Between 4,001 and 5,000 will receive a minimum base amount

of $5,000.

The minimum base amounts are in relation to the Tribe's population

and the progression of an additional $1,000 per 1,000 persons in the

population range continues until the Tribe's population is 50,000.

Tribes with a population of 50,000 to 100,000 will receive a

minimum of $50,000, and Tribes with a population of 100,001 to 150,000

will receive a minimum of $100,000.

Once the base amounts have been distributed to the Tribes that have

applied for family violence funding, the ratio of the Tribe's

population to the total population of all the applicant Tribes is then

considered in allocating the remainder of the funds. With the

distribution of a proportional amount plus a base amount to the Tribes

we have accounted for the variance in actual population and scope of

the family violence programs. Under the previous allocation plan we did

not have a method by which to consider the variance in tribal census

counts. As in previous years, Tribes are encouraged to apply as

consortia for the family violence funding.

Part III. General Grant Requirements Applicable to States and Native

American Tribes

A. Definitions

States and Native American Tribes should use the following

definitions in carrying out their programs. The definitions are found

in section 309 of the Act.

(1) Family Violence: Any act or threatened act of violence,

including any forceful detention of an individual, which (a) results or

threatens to result in physical injury and (b) is committed by a person

against another individual (including an elderly person) to whom

[[Page 27049]]

such person is or was related by blood or marriage or otherwise legally

related or with whom such person is or was lawfully residing.

(2) Shelter: The provision of temporary refuge and related

assistance in compliance with applicable State law and regulation

governing the provision, on a regular basis, which includes shelter,

safe homes, meals, and related assistance to victims of family violence

and their dependents.

(3) Related assistance: The provision of direct assistance to

victims of family violence and their dependents for the purpose of

preventing further violence, helping such victims to gain access to

civil and criminal courts and other community services, facilitating

the efforts of such victims to make decisions concerning their lives in

the interest of safety, and assisting such victims in healing from the

effects of the violence. Related assistance includes:

(a) Prevention services such as outreach and prevention services

for victims and their children, employment training, parenting and

other educational services for victims and their children, preventive

health services within domestic violence programs (including nutrition,

disease prevention, exercise, and prevention of substance abuse),

domestic violence prevention programs for school age children, family

violence public awareness campaigns, and violence prevention counseling

services to abusers;

(b) Counseling with respect to family violence, counseling or other

supportive services by peers individually or in groups, and referral to

community social services;

(c) Transportation, technical assistance with respect to obtaining

financial assistance under Federal and State programs, and referrals

for appropriate health-care services (including alcohol and drug abuse

treatment), but does not include reimbursement for any health-care

services;

(d) Legal advocacy to provide victims with information and

assistance through the civil and criminal courts, and legal assistance;

or

(e) Children's counseling and support services, and child care

services for children who are victims of family violence or the

dependents of such victims.

B. Expenditure Periods

The family violence prevention funds under the Act may be used for

expenditures on and after October 1 of each fiscal year for which they

are granted, and will be available for expenditure through September 30

of the following fiscal year, i.e., FY 1997 funds may be used for

expenditures from October 1, 1996 through September 30, 1998.

Reallotted funds, if any, are available for expenditure until the

end of the fiscal year following the fiscal year that the funds became

available for reallotment. FY 1997 grant funds which are made available

to the States through reallotment, under section 304(d)(1), must be

expended by the State no later than September 30, 1998.

C. Reporting Requirements: New State Performance Report

The Crime Bill amended the Act to add new reporting requirements

for States in section 303(a)(4). This section requires that States file

a performance report with the Department describing the activities

carried out, and including an assessment of the effectiveness of those

activities in achieving the purposes of the grant. A section of this

performance report must be completed by each grantee or subgrantee that

performed the direct services contemplated in the State's application

certifying performance of such services.

The Performance Report may include examples of success stories

about the services which were provided and the positive impact on the

lives of children and families and should include the following

information: an explanation of the activities carried out, including

and assessment of the major activities supported by the family violence

funds, what specific priorities within the State, Tribe, or Tribal

organization were assessed, and what special emphases were placed on

these activities; e.g., including under-served populations and a

description of the specific services and facilities that your agency

funded, contracted with, or otherwise used in the implementation of

your program (e.g., shelters, safehouse, related assistance, programs

for batterers).

Performance reports are due on an annual basis at the end of the

calendar year (December 29).

The statute also requires the Department to suspend funding for an

approved application if any applicant fails to submit an annual

performance report or if the funds are expended for purposes other than

those set forth under this announcement.

D. Reporting Requirements; Departmental Grants Management Reports

All State and Native American Tribal grantees are reminded that the

annual Program Reports and annual Financial Status Reports (Standard

Form 269) are due 90 days after the end of each Federal fiscal year,

i.e., reports are due on December 29 of each year.

E. Required Certifications

All applications must submit or comply with the required

certifications found at Appendix C as follows:

Anti-Lobbying Certification and Disclosure Form must be

signed and submitted with the application: If applicable, a standard

Form LLL, which discloses lobbying payments must be submitted.

Certification Regarding Drug-Free Workplace Requirements

and the Certification Regarding Debarment: The signature on the

application by the chief program official attests to the applicants

intent to comply with the Drug-Free Workplace requirements and

compliance with the Debarment Certification. The Drug-Free Workplace

and Debarment certification do not have to be returned with the

application.

Certification Regarding Environmental Tobacco Smoke: The

signature on the application by the chief program official attests to

the applicants intent to comply with the requirements of the Pro-

Children Act of 1994 (Act). The applicant further agrees that it will

require the language of this certification be included in any sub-

awards which contain provisions for children's services and that all

grantees shall certify accordingly.

Part IV. Application Requirements for States

A. Eligibility: States

``States'' as defined in section 309(6) of the Act are eligible to

apply for funds. The term ``State'' means each of the several States,

the District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Commonwealth of the Northern

Mariana Islands, and the remaining eligible entity previously a part of

the Trust Territory of the Pacific Islands--the Republic of Palau.

In the past, Guam, the Virgin Islands and the Commonwealth of the

Northern Mariana Islands have applied for funds as a part of their

consolidated grant under the Social Services Block grant (the Republic

of Palau has applied for funds through the Community Services Block

Grant). These jurisdictions need not submit an application under this

Program Announcement if they choose to have their allotment included as

part of a consolidated grant application.

B. Approval/Disapproval of a State's Application

The Secretary will approve any application that meets the

requirements

[[Page 27050]]

of the Act and this announcement and will not disapprove any such

application except after reasonable notice of the Secretary's intention

to disapprove has been provided to the applicant and after a 6-month

period providing an opportunity for applicant to correct any

deficiencies.

The notice of intention to disapprove will be provided to the

applicant within 45 days of the date of the application.

C. Content of the State Application

The State's application must be signed by the Chief Executive of

the State or the Chief Program Official designated as responsible for

the administration of the Act.

All applications must contain the following information or

documents:

(1) The name of the State agency, the name of the Chief Program

Official designated as responsible for the administration of funds

under this Act, and the name of a contact person if different from the

Chief Program Official (section 303(a)(2)(D)).

(2) A plan describing in detail how the needs of underserved

populations will be met, including populations underserved because of

ethnic, racial, cultural, language diversity or geographic isolation

(section 303(a)(2)(c)).

(a) Identify the underserved populations that are being targeted

for outreach and services.

(b) In meeting the needs of the underserved population, describe

the domestic violence training that will be provided to the individuals

who will do the outreach and intervention to these populations.

Describe the specific service environment, e.g., new shelters, services

for the battered elderly, women of color etc.

(c) Describe the public information component of the State's

outreach program; describe the elements of your program that are used

to explain domestic violence, the most effective and safe ways to seek

help, identify available resources, etc.

(3) Provide a complete description of the process and procedures

used to involve State domestic violence coalitions and other

knowledgeable individuals and interested organization to assure an

equitable distribution of grants and grant funds within the State and

between rural and urban areas in the State (sections 303(a)(2)(C) and

311(a)(5)).

(4) Provide a complete description of the process and procedures

implemented that allow for the participation of the State domestic

violence coalition in planning and monitoring the distribution of grant

funds and determining whether a grantee is in compliance with sections

303(a)(2)(A), 303(a)(3) and 311(a)(5).

(5) Provide a copy of the procedures developed and implemented that

assure the confidentiality of records pertaining to any individual

provided family violence prevention or treatment services by any

program assisted under the Act (section 303(a)(2)(E)).

(6) Include a description of how the State plans to use the grant

funds, a description of the target population, and the expected results

from the use of the grant funds (section 303(a)(4)).

(7) Provide a copy of the law or procedures that the State has

implemented for the eviction of an abusive spouse from a shared

household (section 303(a)(2)(F)).

All applications must contain the following assurances:

(a) That grant funds under the Act will be distributed to local

public agencies and nonprofit private organizations (including

religious and charitable organizations and voluntary associations) for

programs and projects within the State to prevent incidents of family

violence and to provide immediate shelter and related assistance for

victims of family violence and their dependents in order to prevent

future violent incidents (section 303(a)(2)(A)).

(b) That not less than 70 percent of the funds distributed shall be

used for immediate shelter and related assistance to the victims of

family violence and their dependents and not less than 25 percent of

the funds distributed shall be used to provide related assistance

(section 303(f)).

(c) That not more than 5 percent of the funds will be used for

State administrative costs (section 303(a)(2)(B)(i)).

(d) That in distributing the funds, the States will give special

emphasis to the support of community-based projects of demonstrated

effectiveness carried out by non-profit private organizations,

particularly those projects the primary purpose of which is to operate

shelters for victims of family violence and their dependents and those

which provide counseling, advocacy, and self-help services to victims

and their children (section 303(a)(2)(B)(ii)).

(e) That grants funded by the States will meet the matching

requirements in section 303(e), i.e., not less than 20 percent of the

total funds provided for a project under this title with respect to an

existing program, and with respect to an entity intending to operate a

new program under this title, not less than 35 percent. The local share

will be cash or in kind; and the local share will not include any

Federal funds provided under any authority other than this Title

(section 303(e)). (This is a new provision added in the 1996 CAPTA

reauthorization.)

(f) That grant funds made available under this program by the State

will not be used as direct payment to any victim or dependent of a

victim of family violence (section 303(c)).

(g) That no income eligibility standard will be imposed on

individuals receiving assistance or services supported with funds

appropriated to carry out the Act (section 303(d)).

(h) That the address or location of any shelter-facility assisted

under the Act will not be made public, except with the written

authorization of the person or persons responsible for the operation of

such shelter (section 303(a)(2)(E)).

(i) That all grants made by the State under the Act will prohibit

discrimination on the basis of age, handicap, sex, race, color,

national origin or religion (section 307).

(j) That funds made available under the FVPSA be used to supplement

and not supplant other Federal, State, and local public funds expended

to provide services and activities that promote the purposes of the

FVPSA.

(k) That States will comply with the applicable Departmental

recordkeeping and reporting requirements and general requirements for

the administration of grants under 45 CFR Parts 74 and 92.

Part V. Application Requirements for Native American Tribes and Tribal

Organizations

A. Eligibility: Native American Tribes and Tribal Organizations

As described above, Native American Tribes and Tribal organizations

are eligible for funding under this program if they meet the definition

of such entities as found in subsections (b) and (c) of section 4 of

the Indian Self-Determination and Education Assistance Act and are able

to demonstrate their capacity to carry out a family violence prevention

and services program.

A list of currently eligible Native American Tribes and Tribal

organizations is found at Appendix B of this Announcement. Any Native

American Tribe or Tribal organization that believes it meets the

eligibility criteria and should be included in the list of eligible

tribes should provide supportive documentation and a request for

inclusion in its application. (See Application Content Requirements

below.)

As in previous years, Native American Tribes may apply singularly

or as a consortium. In addition, a non-

[[Page 27051]]

profit private organization, approved by a Native American Tribe for

the operation of a family violence shelter on a reservation is eligible

for funding.

B. Approval/Disapproval of a Native American Tribes Application

The Secretary will approve any application that meets the

requirements of the Act and this Announcement, and will not disapprove

an application unless the Native American Tribe or Tribal organization

has been given reasonable notice of the Department's intention to

disapprove and an opportunity to correct any deficiencies (section

303(B)(2)).

C. Native American Tribe/Tribal Organization Application Content

Requirements

The application from the Native American Tribe, Tribal

organization, or nonprofit private organization approved by an eligible

Native American Tribe, must be signed by the Chief Executive Officer of

the Native American Tribe or Tribal organization.

All applications must contain the following information/documents:

(1) The name of the organization or agency and the Chief Program

Official designated as responsible for administering funds under the

Act, and the name, telephone number, and fax number, if available, of a

contact person in the designated organization or agency.

(2) A copy of a current resolution stating that the designated

organization or agency has the authority to submit an application on

behalf of the Native American individuals in the Tribe(s) and to

administer programs and activities funded under this program (section

303(b)(2)).

(3) A description of the procedures designed to involve

knowledgeable individuals and interested organizations in providing

services under the Act (section 303(b)(2)). For example, knowledgeable

individuals and interested organizations may include: Tribal officials

or social services staff involved in child abuse or family violence

prevention, Tribal law enforcement officials, representatives of State

coalitions against domestic violence, and operators of family violence

shelters and service programs.

(4) A description of the Tribe's operation of and/or capacity to

carry out a family violence prevention and services program. This might

be demonstrated in ways such as the following:

(a) The current operation of a shelter, safehouse, or family

violence prevention program;

(b) The establishment of joint or collaborative service agreements

with a local public agency or a private non-profit agency for the

operation of family violence prevention activities or services; or

(c) The operation of social services programs as evidenced by

receipt of ``638'' contracts with the Bureau of Indian Affairs (BIA);

Title II Indian Child Welfare grants from the BIA; Child Welfare

Services grants under Title IV-B of the Social Security Act; or Family

Preservation and Family Support grants under title IV-B of the Social

Security Act.

(5) A description of the services to be provided, how the Native

American Tribe or Tribal organization plans to use the grant funds to

provide the direct services, to whom the services will be provided, and

the expected results of the services.

(6) Documentation of the procedures that assure the confidentiality

of records pertaining to any individual provided family violence

prevention or treatment services by any program assisted under the Act

(section 303(a)(2)(E)).

(7) The EIN number of the Native American tribe, Tribal

organization, or non-profit organization submitting the application.

Each application must contain the following assurances:

(a) That not less than 70 percent of the funds shall be used for

immediate shelter and related assistance for victims of family violence

and their dependents and not less than 25% of the funds distributed

shall be used to provide related assistance (section 303(f)).

(b) That grant funds made available under the Act will not be used

as direct payment to any victim or dependent of a victim of family

violence (section 303(c)).

(c) That the address or location of any shelter or facility

assisted under the Act will not be made public, except with the written

authorization of the person or persons responsible for the operations

of such shelter (section 303(a)(2)(E)).

(d) That law or procedure has been implemented for the eviction of

an abusing spouse from a shared household (section 303(a)(2)(F)).

Part VI. Other Information

A. Notification Under Executive Order 12372

For States, this program is covered under Executive Order 12372,

``Intergovernmental Review of Federal Programs,'' for State plan

consolidation and implication only--45 CFR 100.12. The review and

comment provisions of the Executive Order and Part 100 do not apply.

Federally-recognized Native American Tribes are exempt from all

provisions and requirements of E.O. 12372.

B. Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-

511), the application requirements contained in this notice have been

approved by the Office of Management and Budget under control number

0970-0062.

C. Certifications

Applications must comply with the required certifications found at

Appendix C as follows:

Anti-Lobbying Certification and Disclosure Form. Pursuant to 45 CFR

Part 93, the certification must be signed and submitted with the

application. If applicable, a standard form LLL, which discloses

lobbying payments must be submitted.

Certification Regarding Drug-Free Workplace Requirements and the

Certification Regarding Debarment: The signature on the application by

the chief program official attests to the applicants intent to comply

with the Drug-Free Workplace requirements and compliance with the

Debarment Certification. The Drug-Free Workplace and Debarment

certifications do not have to be returned with the application.

Certification Regarding Environmental Tobacco Smoke: The signature

on the application by the chief program official attests to the

applicants intent to comply with the requirements of the Pro-Children

Act of 1994. The applicant further agrees that it will require the

language of this certification be included in any sub-awards which

contain provisions for children's services and that all grantees shall

certify accordingly.

(Catalog of Federal Domestic Assistance number 93.671, Family

Violence Prevention and Services)

Dated: May 8, 1997.

Donald Sykes,

Director, Office of Community Services.

BILLING CODE 4184-01-P

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[GRAPHIC] [TIFF OMITTED] TN16MY97.002

BILLING CODE 4184-01-C

[[Page 27053]]

Appendix B

------------------------------------------------------------------------

State Tribe name

------------------------------------------------------------------------

AK.......................... Chevak Native Village

AK.......................... Lime Village

AK.......................... Village of Aniak

AK.......................... Anvic Village

AK.......................... Village of Artic Village

AK.......................... Native Village of Atka

AK.......................... Levelock Village

AK.......................... Village of Atmautluak

AK.......................... Atqasuk Village

AK.......................... New Stuyahok Village

AK.......................... Village of Chefomak

AK.......................... Village of Anaktuvuk Pass

AK.......................... Chickaloon Native Village

AK.......................... Native Village of Chignik

AK.......................... Native Village of Larsen Bay

AK.......................... Native Village of Chignik

AK.......................... Chignik Lake Village

AK.......................... Chilkat Indian Village

AK.......................... Chilkoot Indian Association

AK.......................... Native Village of Kwinhagak

AK.......................... Native Village of Chenega (IRA)

AK.......................... Native Village of Mekoryuk

AK.......................... Nenana Native Association

AK.......................... Native Village of Nelson Lagoon

AK.......................... Native Village of Napaskiak

AK.......................... Native Village of Napaimute

AK.......................... Native Village of Napakiak (IRA)

AK.......................... Native Village of Nanwalek

AK.......................... Naknek Native Village

AK.......................... Asa' Carsarmuit Tribe of Mt.

AK.......................... Angoon Community

AK.......................... Mentasta Lake Village

AK.......................... Yupiit of Andreafski

AK.......................... McGrath Native Village

AK.......................... Native Village of Mary's Igloo

AK.......................... Native Village of Marshall (aka)

AK.......................... Manokotak Village

AK.......................... Manley Hot Springs Village

AK.......................... Village of Lower Kalskag

AK.......................... Native Village of Ambler

AK.......................... Metlakatla Indian Community

AK.......................... Koyukuk Native Village

AK.......................... Native Village of Mento (IRA)

AK.......................... Native Village of Kipnuk

AK.......................... Native Village of Kwigillingok (IRA)

AK.......................... Healy Lake Village

AK.......................... Knit Tribe

AK.......................... Holy Cross Village

AK.......................... Hoonah Indian Association

AK.......................... Native Village of Hooper Bay

AK.......................... Hughes Village

AK.......................... Native Village of Kluti-Kaah

AK.......................... Native Village of Kobuk

AK.......................... Native Village of Kivalina (IRA)

AK.......................... Kokhanok Village

AK.......................... Huslia Village

AK.......................... King Island Native Community (IRA)

AK.......................... Agdaagux Tribe of King Cove

AK.......................... Native Village of Kiana

AK.......................... Native Village of Karluk (IRA)

AK.......................... Organized Village of Kasaan

AK.......................... Native Village of Kasiglik

AK.......................... Kenaitze Indian Tribe (IRA)

AK.......................... Ketchikan Indian Corporation

AK.......................... Klawock Cooperative

AK.......................... Native Village of Eek

AK.......................... Newtok Village

AK.......................... Chinik Eskimo Community (aka)

AK.......................... Native Village of Koyuk (IRA)

AK.......................... Native Village of Dilligham

AK.......................... Native Village of Diomede

AK.......................... Village of Dot Lake

AK.......................... Douglas Indian Association

AK.......................... Native Village of Eagle

AK.......................... Noorvik Native Community

AK.......................... Village of Hotlik

AK.......................... Organized Village of Kwethluk (IRA)

AK.......................... Egegik Village

AK.......................... Eklutna Native Village

AK.......................... Native Village of Ekuk

AK.......................... Ekwok Village

AK.......................... Native Village of Goodnews

AK.......................... Organized Village of Grayling

AK.......................... Gulkana Village

AK.......................... Native Village of Kongiganak

AK.......................... Koliganet Village

AK.......................... Native Village of Kotzebue

AK.......................... Seldovia Village Tribe

AK.......................... Rampart Village

AK.......................... Village of Red Devil

AK.......................... Native Village of Ruby

AK.......................... Iqurmuit Tribe (Russian

AK.......................... Village of Salamatof

AK.......................... Qagun Tayagungin Tribe of

AK.......................... Native Village of Savoonga (IRA)

AK.......................... Organized Village of Saxman

AK.......................... Native Village of Solomon

AK.......................... Native Village of Selawik (IRA)

AK.......................... Native Village of Port Heiden

AK.......................... Shageluk Native Village (IRA)

AK.......................... Native Village of Shaktoolik

AK.......................... Native Village of Sheldon`s

AK.......................... Native Village of Shishmaref

AK.......................... Shoonaq' Tribe of Kodiak

AK.......................... Native Village of Shungnak

AK.......................... Sitka Tribe of Alaska (IRA)

AK.......................... Skaguay Traditional Council

AK.......................... Newhalen Village

AK.......................... Native Village of Scammon Bay

AK.......................... Petersburg Indian Association

AK.......................... Northway Village

AK.......................... Native Village of Nuiqsut

AK.......................... Nulato Village

AK.......................... Native Village of Nunapitchuk

AK.......................... Native Village of Ohogamiut

AK.......................... Village of Old Harbor

AK.......................... Orutsararmuit Native Council,

AK.......................... Oscarville Traditional Council

AK.......................... Native Village of Ouzinkie

AK.......................... Portage Creek Village

AK.......................... Native Village of Perryville (IRA)

AK.......................... Native Village of Port Lions

AK.......................... Native Village of Piamiut

AK.......................... Native Village of Pilot Point

AK.......................... Pilot Station Traditional Council

AK.......................... Native Village of Pitka`s Point

AK.......................... Platinum Traditional Village

AK.......................... Native Village of Point Hope

AK.......................... Native Village of Point Lay

AK.......................... Port Graham Village

AK.......................... South Naknek Village

AK.......................... Pedro Bay Village

AK.......................... Native Village of Paimiut

AK.......................... Village of Sleetmute

AK.......................... Native Village of Unalakleet

AK.......................... Native Village of Unga

AK.......................... Qawalangin Tribe of Unalaska,

AK.......................... Village of Wainwright

AK.......................... Native Village of Wales (IRA)

AK.......................... Native Village of White

AK.......................... Wrangell Cooperative

AK.......................... Ugashik Village

AK.......................... Village of Ohogamiut

AK.......................... Native Village of Tyonek (IRA)

AK.......................... Qagan Tayagungin Tribe

AK.......................... Nondalton Village

AK.......................... Nome Eskimo Community (IRA)

AK.......................... Native Village of NoatAK (IRA)

AK.......................... Ninilchik Village Traditional

AK.......................... Native Village of Nikolski (IRA)

AK.......................... Nikolai Village

AK.......................... Native Village of Nightmute

AK.......................... Yakutat Tlingit Tribe

AK.......................... Native Village of Tazlina

AK.......................... St. George Island

AK.......................... Native Village of St. Michael

AK.......................... Aleut Community of St. Paul

AK.......................... Stebbins Community

AK.......................... Native Village of Stevens (IRA)

AK.......................... Village of Stoney River

AK.......................... Takotna Village

AK.......................... Native Village of Tanacross

AK.......................... Umkumiut Native Village

AK.......................... Native Village of Tatitlek (IRA)

AK.......................... Native Village of Hamilton

AK.......................... Telida Village

AK.......................... Native Village of Teller

AK.......................... Native Village of Tetlin (IRA)

AK.......................... Traditional Village of Togiak

AK.......................... Native Village of Toksook Bay

AK.......................... Tuluksak Native Community

AK.......................... Native Village of Tuntutuliak

AK.......................... Native village of Tununak (IRA)

AK.......................... Twin Hills Village

AK.......................... Native Village of Tanana (IRA)

AL.......................... Poarch Band of Creek Indians

AZ.......................... AK Chin Indian Community

AZ.......................... San Juan Southern Paiute Council

AZ.......................... Yavapai-Prescott Board of Directors

AZ.......................... Yavapai-Apache Community Council

AZ.......................... White Mountain Apache Tribal Council

AZ.......................... Tohono O' odham Council

AZ.......................... Quechan Tribal Council

AZ.......................... San Carlos Tribal Council

AZ.......................... Salt River Pima-Maricopa Indian

AZ.......................... Pascua Yaqui Tribal Council

AZ.......................... Colorado river Tribal Council

AZ.......................... Tonto Apache Tribal Council

AZ.......................... Cocopah Tribal Office

AZ.......................... Kaibab Paiute tribal Council

AZ.......................... Mohave-Apache Community

AZ.......................... Hualapai Tribal Council

AZ.......................... Havasupai Tribal Council

AZ.......................... Hopi Tribal Council

AZ.......................... Gila River Indian Community

CA.......................... Paskenta Band of Nomlaki Indians

CA.......................... Pechanga Band of Mission

CA.......................... Picayune Rancheria

CA.......................... Pinoleville Indian Reservation

CA.......................... Pit River Tribal Council

CA.......................... Potter valley Rancheria

CA.......................... Redding Rancheria

CA.......................... Ramona Band oc Cahuilllla

CA.......................... Coast Indian Community of the

CA.......................... Redwood Valley Rancheria

CA.......................... Pauma Band of Mission Indians

CA.......................... Rincon Band of Mission Indians

CA.......................... Quartz Valley Reservation

CA.......................... Pala Band of Mission

CA.......................... North Fork Rancheria

CA.......................... Morongo Band

CA.......................... Mooretown Rancheria

CA.......................... Middletown Rancheria

CA.......................... Mesa Grande Band of Mission

CA.......................... Manzanita General Council

CA.......................... Robinson Rancheria

[[Page 27054]]

CA.......................... Lyton Rancheria

CA.......................... Scotts Valley Band of Pomo

CA.......................... Los Coyotes Band of Mission

CA.......................... Lone Pine reservation

CA.......................... Laytonville Rancheria

CA.......................... La Posta Band

CA.......................... Manchester/Point Arena

CA.......................... Stewarts Point Rancheria

CA.......................... Yurok Tribe

CA.......................... Viejas Tribal Council

CA.......................... Upper Lake Rancheria

CA.......................... United Auburn Indian

CA.......................... Twenty Nine Palms Band of

CA.......................... Tuolumne Me-wuk Rancheria

CA.......................... Tule River Reservation

CA.......................... Trinidad Rancheria

CA.......................... Torres-Martinez Desert Cahuilla

CA.......................... Timbisha Shoshone Tribe

CA.......................... Table Mountain Rancheria

CA.......................... Table Bluff Rancheria

CA.......................... Santa Ynez Band of Mission

CA.......................... Susanville Rancheria

CA.......................... Bear River Band of Rohnerville

CA.......................... Soboba Band of Mission Indians

CA.......................... Smith River Rancheria

CA.......................... Shingle Springs Rancheria

CA.......................... Sherwood Valley Rancheria

CA.......................... Fort Independence Reservation

CA.......................... Santa Ysabel Band of Mission

CA.......................... La Jolla Band

CA.......................... Santa Rosa Reservation

CA.......................... Santa Rosa Rancheria

CA.......................... San Pasqual Band

CA.......................... San Manuel Band of Mission

CA.......................... Rumsey Rancheria

CA.......................... Round Valley Reservation

CA.......................... Sycuan Business Committee

CA.......................... Big Lagoon Rancheria

CA.......................... Cahuilla Band of Mission

CA.......................... Cabazon Indians of California

CA.......................... Buena Vista Rancheria

CA.......................... Bridgeport Indian Colony

CA.......................... Blue Lake Rancheria

CA.......................... Karuk Tribe of California

CA.......................... Big Valley Rancheria

CA.......................... Grindstone Rancheria

CA.......................... Campo Band of Mission Indians

CA.......................... Ione Band of Miwok

CA.......................... Bishop Reservation

CA.......................... Berry Creek Rancheria

CA.......................... Benton Paiute Reservation

CA.......................... Barona General Business

CA.......................... Alturas Rancheria

CA.......................... Agua Caliente Tribal Council

CA.......................... Winemucca Indian Colony

CA.......................... Woodfords Community Council

CA.......................... Fort Mohave Tribal Council

CA.......................... Big Pine Reservation

CA.......................... Elem Indian Colony of Pomo

CA.......................... Jackson Rancheria

CA.......................... Big Sandy Rancheria

CA.......................... Jamul Band of Mission Indians

CA.......................... Cedarville Rancheria

CA.......................... Hoopa Valley Tribal Council

CA.......................... Guidiville Rancheria

CA.......................... Greenville Rancheria

CA.......................... Chemehuevi Tribal Council

CA.......................... Inaja-Cosmit Band of Mission

CA.......................... Elk Valley Rancheria

CA.......................... Hopland Reservation

CA.......................... Dry Creek Rancheria

CA.......................... Cuyapaipe Band of Mission

CA.......................... Coyote Valley Reservation

CA.......................... Cortina Rancheria

CA.......................... Colusa Rancheria

CA.......................... Cold Springs Rancheria

CA.......................... Cloverdale Rancheria

CA.......................... Chico Rancheria

CA.......................... Chicken Ranch Rancheria

CA.......................... Fort Bidwell Reservation

CO.......................... Southern Ute Tribe

CT.......................... Mohegan Tribe of Indians of

FL.......................... Seminole Tribe of Florida

IA.......................... Sac & Fox Tribal Council

ID.......................... Northwestern Band of Shoshoni

ID.......................... Nez Perce Tribal Executive

ID.......................... Kootenai Tribal Council

ID.......................... Fort Hall Business Council

ID.......................... Coeur D' Alene Tribal Council

KS.......................... Prairie Band Potawatomi of

KS.......................... Kickapoo Tribe of Kansas

ME.......................... Passamaquoddy-Indian

ME.......................... Passamaquoddy-Pleasant Point

ME.......................... Penobscot Nation

MI.......................... Little Traversa Bay Band of

MI.......................... Saginaw Chippewa Tribal

MI.......................... Bay Mills Executive Council

MI.......................... Lac Vieux Desert Band of Lake

MI.......................... Grand Traverse Tribal Council

MI.......................... Hannahville Indian Community

MI.......................... Keweenaw Bay Tribal Council

MI.......................... Sault Ste. Marie Chippewa

MI.......................... Pokagon Band of Potawatomi

MI.......................... Little River Band of Ottawa

MN.......................... Mille Lacs Reservation Business

MN.......................... White Earth Reservation

MN.......................... Prairie Island Community

MN.......................... Leech Lake Reservation

MN.......................... Shakopee Sioux Business

MN.......................... Upper Sioux Board of Trustees

MN.......................... Red Lake Band of Chippewa

MN.......................... Fond du Lac Reservation

MN.......................... Bois Forte Reservation Tribal

MN.......................... Minnesota Chippewa Tribal

MN.......................... Lower Sioux Indian Community

MN.......................... Grand Portage Reservation

MO.......................... Eastern Shawnee Tribe of

MT.......................... Confederated Salish & Kootenai

ND.......................... Three Affiliated Tribes Business

ND.......................... Standing Rock Sioux Tribe

ND.......................... Turtle Mountain Tribal Council

NE.......................... Winnebago Tribal Council

NM.......................... Pueblo of Santa Ana

NM.......................... Pueblo of Tesuque

NM.......................... Pueblo of Taos

NM.......................... Pueblo of Santa Clara

NM.......................... Pueblo of Sandia

NM.......................... Pueblo of San Juan

NM.......................... Pueblo of San Felipe

NM.......................... Pueblo of San Ildefonso

NM.......................... Pueblo of Santo Domingo

NV.......................... South Fork Band Council

NV.......................... Moapa Band of Paiute

NV.......................... Lovelock Tribal Council

NV.......................... Pyramid Lake Paiute Tribal

NV.......................... Reno-Sparks Tribal Council

NV.......................... Shoshone Paiute Business

NV.......................... Summit Lake Paiute Council

NV.......................... Battle Mountain Band Council

NV.......................... Wells Indian Colony Band

NV.......................... Walker River Paiute tribal Council

NV.......................... Washoe Tribal Council

NV.......................... Carson Colony Community

NV.......................... Dresslerville Community

NV.......................... Stewart Community Council

NV.......................... Yomba Tribal Council

NV.......................... Las Vegas Tribal Council

NV.......................... Tribal Council of the Te-Moak

NV.......................... Yerington Paiute Tribal Council

NV.......................... Fort McDermitt Tribal Council

NV.......................... Fallon Business Council

NV.......................... Ely Colony Council

NV.......................... Elko Band Council

NV.......................... Duckwater Shoshone Tribal

NY.......................... Oneida Indian Nation of New

NY.......................... Onondaga Nation

NY.......................... Seneca Nation of Indians

OK.......................... Kaw Executive Committee

OK.......................... Miami Tribe of Oklahoma

OK.......................... Kickapoo of Oklahoma Business

OK.......................... Kialegee Tribal Town

OK.......................... Cherokee Nation of Oklahoma

OK.......................... Alabama-Quassarte Tribal

OK.......................... Ponca Business Committee

OK.......................... Kiowa Business Committee

OK.......................... Otoe-Missouria Tribal Council

OK.......................... Choctaw Nation of Oklahoma

OK.......................... Iowa Tribe of Oklahoma

OK.......................... Modok Tribe of Oklahoma

OK.......................... Osage Nation of Oklahoma

OK.......................... Ottawa Tribe of Oklahoma

OK.......................... Wyandotte Tribe of Oklahoma

OK.......................... Pawnee Business Council

OK.......................... Peoria Indian Tribe of Oklahoma

OK.......................... Quapaw Tribal Business

OK.......................... United Keetoowah Band of

OK.......................... Chickasaw Nation

OK.......................... Muscogee Creek Nation of

OK.......................... Thlopthlocco Tribal Town

OK.......................... Seminole Nation of Oklahoma

OK.......................... Seneca-Cayuga Tribe of

OR.......................... Confederated Tribes of the Grande

OR.......................... Klamath General Council

OR.......................... Cow Creek Band of Umpqua

OR.......................... Confederated Tribes of the

OR.......................... Confederated Tribes of Coos

OR.......................... Burns-Paiute General Council

OR.......................... Coquille Indian Tribes

RI.......................... Narrangansett Indian Tribe

SD.......................... Sisseton-Wahpeton Sioux Tribal

SD.......................... Yankton Sioux Tribal Business

TX.......................... Kickapoo Traditional Tribe

UT.......................... Goshute Business Council

UT.......................... Unitah & Ouray Tribal Business

UT.......................... Skull Valley General Council

UT.......................... Paiute Indian Tribe of Utah

WA.......................... Upper Skagit Tribal Council

WA.......................... Lummi Business Council

WA.......................... Yakama Tribal Council

WA.......................... Kalispel Business Commitee

WA.......................... Muckleshioot Tribal Council

WA.......................... Sauk-Suiattle Tribal Council

WA.......................... Chehalis Business Council

WA.......................... Jamestown S' Klallam Tribal

WA.......................... Colville Business Council

WA.......................... Lower Elwha Community

WA.......................... Makah Tribal Council

WA.......................... Nisqually Indian Community

WA.......................... Nooksac Indian Tribal Council

WA.......................... Port Gamble S' Klallam Tribe

WA.......................... Puyallup Tribal Council

WA.......................... Quileute Tribal Council

WA.......................... Quinault Indian Nation

WA.......................... Hoh Tribal Business Council

WI.......................... Forest County Potawatomi

WI.......................... The Ho-Chunk Nation

[[Page 27055]]

WI.......................... Lac Courte Oreilles Governing

WI.......................... Lac du Flambeau Tribal Council

WI.......................... Bad River Tribal Council

WI.......................... Menominee Indian Tribe of

WI.......................... Onida Tribal Council

WI.......................... Red Cliff Tribal Council

WI.......................... Sokagon Chippewa Tribal

WI.......................... Stockbridge--Munsee Tribal

WI.......................... St. Croix Council

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Appendix C--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 an

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.

Statement for Loan Guarantees 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

any 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

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[GRAPHIC] [TIFF OMITTED] TN16MY97.003

BILLING CODE 4184-01-C

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This certification is required by the regulations implementing

the Drug-Free Workplace Act of 1988: 45 CFR Part 76, Subpart, F.

Sections 76.630(c) and (d)(2) and 76.645(a)(1) and (b) provide that

a Federal agency may designate a central receipt point for STATE-

WIDE AND STATE AGENCY-WIDE certifications, and for notification of

criminal drug convictions. For the Department of Health and Human

Services, the central pint is: Division of Grants Management and

Oversight, Office of Management and Acquisition, Department of

Health and Human Services, Room 517-D, 200 Independence Avenue, SW.,

Washington, DC 20201.

Certification Regarding Drug-Free Workplace Requirements (Instructions

for Certification)

1. By signing and/or submitting this application or grant

agreement, the grantee is providing the certification set out below.

2. The certification set out below is a material representation

of fact upon which reliance is placed when the agency awards the

grant. If it is later determined that the grantee knowingly rendered

a false certification, or otherwise violates the requirements of the

Drug-Free Workplace Act, the agency, in addition to any other

remedies available to the Federal Government, may take action

authorized under the Drug-Free Workplace Act.

3. For grantees other than individuals, Alternate I applies.

4. For grantees who are individuals, Alternate II applies.

5. Workplaces under grants, for grantees other than individuals,

need not be identified on the certification. If known, they may be

identified in the grant application. If the grantee does not

identify the workplaces at the time of application, or upon award,

if there is no application, the grantee must keep the identity of

the workplace(s) on file in its office and make the information

available for Federal inspection. Failure to identify all known

workplaces constitutes a violation of the grantee's drug-free

workplace requirements.

6. Workplace identification must include the actual address of

buildings (or parts of buildings) or other sites where work under

the grant takes place. Categorical descriptions may be used (e.g.,

all vehicles of a mass transit authority or State highway department

while in operation, State employees in each local unemployment

office, performers in concert halls or radio studios).

7. If the workplace identified to the agency changes during the

performance of the grant, the grantee shall inform the agency of the

change(s), if it previously identified the workplaces in question

(see paragraph five).

8. Definitions of terms in the Nonprocurement Suspension and

Debarment common rule and Drug-Free Workplace common rule apply to

this certification. Grantees' attention is called, in particular, to

the following definitions from these rules:

Controlled substance means a controlled substance in Schedules I

through V of the Controlled Substances Act (21 U.S.C. 812) and as

further defined by regulation (21 CFR 1308.11 through 1308.15);

Conviction means a finding of guilt (including a plea of nolo

contendere) or imposition of sentence, or both, by any judicial body

charged with the responsibility to determine violations of the

Federal or State criminal drug statutes;

Criminal drug statute means a Federal or non-Federal criminal

statute involving the manufacture, distribution, dispensing, use, or

possession of any controlled substance;

Employee means the employee of a grantee directly engaged in the

performance of work under a grant, including: (i) All direct charge

employees; (ii) All indirect charge employees unless their impact or

involvement is insignificant to the performance of the grant; and,

(iii) Temporary personnel and consultants who are directly engaged

in the performance of work under the grant and who are on the

grantee's payroll. This definition does not include workers not on

the payroll of the grantee (e.g., volunteers, even if used to meet a

matching requirement; consultants or independent contractors not on

the grantee's payroll; or employees of subrecipients or

subcontractors in covered workplaces).

Certification Regarding Drug-Free Workplace Requirements

Alternate I. (Grantees Other Than Individuals)

The grantee certifies that it will or will continue to provide a

drug-free workplace by:

(a) Publishing a statement notifying employees that the unlawful

manufacture, distribution, dispensing, possession, or use of a

controlled substance is prohibited in the grantee's workplace and

specifying the actions that will be taken against employees for

violation of such prohibition;

(b) Establishing an ongoing drug-free awareness program to

inform employees about--

(1) The dangers of drug abuse in the workplace;

(2) The grantee's policy of maintaining a drug-free workplace;

(3) Any available drug counseling, rehabilitation, and employee

assistance programs; and

(4) The penalties that may be imposed upon employees for drug

abuse violations occurring in the workplace;

(c) Making it a requirement that each employee to be engaged in

the performance of the grant be given a copy of the statement

required by paragraph (a);

(d) Notifying the employee in the statement required by

paragraph (a) that, as a condition of employment under the grant,

the employee will--

(1) Abide by the terms of the statement; and

(2) Notify the employer in writing of his or her conviction for

a violation of a criminal drug statute occurring in the workplace no

later than five calendar days after such conviction;

(e) Notifying the agency in writing, within ten calendar days

after receiving notice under paragraph (d)(2) from an employee or

otherwise receiving actual notice of such conviction. Employers of

convicted employees must provide notice, including position title,

to every grant officer or other designee on whose grant activity the

convicted employee was working, unless the Federal agency has

designated a central point for the receipt of such notices. Notice

shall include the identification number(s) of each affected grant;

(f) Taking one of the following actions, within 30 calendar days

of receiving notice under paragraph (d)(2), with respect to any

employee who is so convicted--

(1) Taking appropriate personnel action against such an

employee, up to and including termination, consistent with the

requirements of the Rehabilitation Act of 1973, as amended; or

(2) Requiring such employee to participate satisfactorily in a

drug abuse assistance or rehabilitation program approved for such

purposes by a Federal, State, or local health, law enforcement, or

other appropriate agency;

(g) Making a good faith effort to continue to maintain a drug-

free workplace through implementation of paragraphs (a), (b), (c),

(d), (e) and (f).

(B) The grantee may insert in the space provided below the

site(s) for the performance of work done in connection with the

specific grant:

Place of Performance (Street address, city, county, state, zip code)

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Check {time} if there are workplaces on file that are not

identified here.

Alternate II. (Grantees Who Are Individuals)

(a) The grantee certifies that, as a condition of the grant, he

or she will not engage in the unlawful manufacture, distribution,

dispensing, possession, or use of a controlled substance in

conducting any activity with the grant;

(b) If convicted of a criminal drug offense resulting from a

violation occurring during the conduct of any grant activity, he or

she will report the conviction, in writing, within 10 calendar days

of the conviction, to every grant officer or other designee, unless

the Federal agency designates a central point for the receipt of

such notices. When notice is made to such a central point, it shall

include the identification number(s) of each affected grant.

Certification Regarding Debarment, Suspension, and Other Responsibility

Matters--Primary Covered Transactions

Instructions for Certification

1. By singing and submitting this proposal, the prospective

primary participant is providing the certification set out below.

2. The inability of a person to provide the certification

required below will not necessarily result in denial of

participation in this covered transaction. The prospective

participant shall submit an explanation of why it cannot provide the

certification set out below. The certification or explanation will

be considered in connection with the department or agency's

determination whether to enter into this transaction. However,

failure or the prospective primary participant to furnish a

certification or an explanation shall disqualify such person from

participation in this transaction.

3. The certification in this clause is a material representation

of fact upon which

[[Page 27058]]

reliance was placed when the department or agency determined to

enter into this transaction. If it is later determined that the

prospective primary participant knowingly rendered an erroneous

certification, in addition to other remedies available to the

Federal Government, the department or agency may terminate this

transaction for cause or default.

4. The prospective primary participant shall provide immediate

written notice to the department or agency to which this proposal is

submitted if any time the prospective primary participant learns

that its certification was erroneous when submitted or has become

erroneous by reason of changed circumstances.

5. The terms covered transaction, debarred, suspended,

ineligible, lower tier covered transaction, participant, person,

primary covered transaction, principal, proposal, and voluntarily

excluded, as used in this clause, have the meanings set out in the

Definitions and Coverage sections of the rules implementing

Executive Order 12549. You may contact the department or agency to

which this proposal is being submitted for assistance in obtaining a

copy of those regulations.

6. The prospective primary participant agrees by submitting this

proposal that, should the proposed covered transaction be entered

into, it shall not knowingly enter into any lower tier covered

transaction with a person who is proposed for debarment under 48 CFR

part 9, subpart 9.4, debarred, suspended, declared ineligible, or

voluntarily excluded from participation in this covered transaction,

unless authorized by the department or agency entering into this

transaction.

7. The prospective primary participant further agrees by

submitting this proposal that it will include the clause titled

``Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Covered Transaction,'' provided by

the department or agency entering into this covered transaction,

without modification, in all lower tier covered transactions and in

all solicitations for lower tier covered transactions.

8. A participant in a covered transaction may rely upon a

certification of a prospective participant in a lower tier covered

transaction that is not proposed for debarment under 48 CFR part 9,

subpart 9.4, debarred, suspended, ineligible, or voluntarily

excluded from the covered transaction, unless it knows that the

certification is erroneous. A participant may decide the method and

frequency by which it determines the eligibility of its principals.

Each participant may, but is not required to, check the List of

Parties Excluded from Federal Procurement and Nonprocurement

Programs.

9. Nothing contained in the foregoing shall be construed to

require establishment of a system of records in order to render in

good faith the certification required by this clause. The knowledge

and information of a participant is not required to exceed that

which is normally possessed by a prudent person in the ordinary

course of business dealings.

10. Except for transactions authorized under paragraph 6 of

these instructions, if a participant in a covered transaction

knowingly enters into a lower tier covered transaction with a person

who is proposed for debarment under 48 CFR part 9, subpart 9.4,

suspended debarred, ineligible, or voluntarily excluded from

participation in this transaction, in addition to other remedies

available to the Federal Government, the department or agency may

terminate this transaction for cause or default.

Certification Regarding Debarment, Suspension, and Other Responsibility

Matters--Primary Covered Transactions

(1) The prospective primary participant 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 by any

Federal department or agency;

(b) Have not within a three-year period preceding this proposal

been convicted of or had a civil judgment rendered against them for

commission of fraud or a criminal offense in connection with

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 indicted for 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 three-year period preceding this

application/proposal had one or more public transactions (Federal,

State or local) terminated for cause or default.

(2) Where the prospective primary participant is unable to

certify to any of the statements in this certification, such

prospective participant shall attach an explanation to this

proposal.

Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion--Lower Tier Covered Transactions

Instructions for Certification

1. By signing and submitting this proposal, the prospective

lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation

of fact upon which reliance was placed when this transaction was

entered into. If it is later determined that the prospective lower

tier participant knowingly rendered an erroneous certification, in

addition to other remedies available to the Federal Government the

department or agency with which this transaction originated may

pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide

immediate written notice to the person to which this proposal is

submitted if at any time the prospective lower tier participant

learns that its certification was erroneous when submitted or had

become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended,

ineligible, lower tier covered transaction, participant, person,

primary covered transaction, principal, proposal, and voluntarily

excluded, as used in this clause, have the meaning set out in the

Definitions and Coverage sections of rules implementing Executive

Order 12549. You may contact the person to which this proposal is

submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting

this proposal that, [Page 33043] should the proposed covered

transaction be entered into, it shall not knowingly enter into any

lower tier covered transaction with a person who is proposed for

debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,

declared ineligible, or voluntarily excluded from participation in

this covered transaction, unless authorized by the department or

agency with which this transaction originated.

6. The prospective lower tier participant further agrees by

submitting this proposal that it will include this clause titled

``Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion-Lower Tier Covered Transaction,'' without

modification, in all lower tier covered transactions and in all

solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a

certification of a prospective participant in a lower tier covered

transaction that it is not proposed for debarment under 48 CFR part

9, subpart 9.4, debarred, suspended, ineligible, or voluntarily

excluded from covered transactions, unless it knows that the

certification is erroneous. A participant may decide the method and

frequency by which it determines the eligibility of its principals.

Each participant may, but is not required to, check the List of

Parties Excluded from Federal Procurement and Nonprocurement

Programs.

8. Nothing contained in the foregoing shall be construed to

require establishment of a system of records in order to render in

good faith the certification required by this clause. The knowledge

and information of a participant is not required to exceed that

which is normally possessed by a prudent person in the ordinary

course of business dealings.

9. Except for transactions authorized under paragraph 5 of these

instructions, if a participant in a covered transaction knowingly

enters into a lower tier covered transaction with a person who is

proposed for debarment under 48 CFR part 9, subpart 9.4, suspended,

debarred, ineligible, or voluntarily excluded from participation in

this transaction, in addition to other remedies available to the

Federal Government, the department or agency with which this

transaction originated may pursue available remedies, including

suspension and/or debarment.

[[Page 27059]]

Certification Regarding Debarment, Suspension, Ineligibility and

Voluntary Exclusion--Lower Tier Covered Transactions

(1) The prospective lower tier participant certifies, by

submission of this proposal, that neither it nor its principals is

presently debarred, suspended, proposed for debarment, declared

ineligible, or voluntarily excluded from participation in this

transaction by any Federal department or agency.

(2) Where the prospective lower tier participant is unable to

certify to any of the statements in this certification, such

prospective participant shall attach an explanation to this

proposal.

Certification Regarding Environmental Tobacco Smoke

Public Law 103-227, Part C--Environmental Tobacco Smoke, also

known as the Pro-Children Act of 1994 (Act), requires that smoking

not be permitted in any portion of any indoor routinely owned or

leased or contracted for by an entity and used routinely or

regularly for provision of health, day care, education, or library

services to children under the age of 18, if the services are funded

by Federal programs either directly or through State or local

governments, by Federal grant, contract, loan, or loan guarantee.

The law does not apply to children's services provided in private

residences, facilities funded solely by Medicare or Medicaid funds,

and portions of facilities used for inpatient drug or alcohol

treatment. Failure to comply with the provisions of the law may

result in the imposition of a civil monetary penalty of up to $1000

per day and/or the imposition of an administrative compliance order

on the responsible entity.

By signing and submitting this application the applicant/grantee

certifies that it will comply with the requirements of the Act. The

applicant/grantee further agrees that it will require the language

of this certification be included in any subawards which contain

provisions for the children's services and that all subgrantees

shall certify accordingly.

[FR Doc. 97-12939 Filed 5-15-97; 8:45 am]

BILLING CODE 4184-01-P