[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11181-11183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4843]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Issuance of Final Policy Directive
AGENCY: Administration for Children and Families.
ACTION: Notice.
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SUMMARY: The Administration for Native Americans (ANA) is issuing final
interpretive rules, general statements of policy and rules of agency
organization, procedure, or practice relating to the following Funding
Opportunity Announcements (FOAs): Social and Economic Development
Strategies (hereinafter referred to as SEDS), Social and Economic
Development Strategies--Special Initiative (hereinafter referred to as
SEDS--SI), Native Language Preservation and Maintenance (hereinafter
referred to as Language Preservation), Native Language Preservation and
Maintenance--Esther Martinez Initiative (hereinafter referred to as
Language--EMI), and Environmental Regulatory Enhancement (hereinafter
referred to as ERE). This notice also provides information about how
ANA will administer these programs.
FOR FURTHER INFORMATION CONTACT: Caroline Gary, Deputy Commissioner,
(877) 922-9262, 370 L'Enfant Promenade, SW., 2nd Floor West,
Washington, DC 20447.
SUPPLEMENTARY INFORMATION:
I. Background
Section 814 of the Native American Programs Act of 1974, as
amended, requires ANA to provide members of the public an opportunity
to comment on proposed changes in interpretive rules, general
statements of policy and rules of agency organization, procedure, or
practice and to give notice of the final adoption of such changes at
least 30 days before the changes become effective.
ANA published a Notice of Public Comment (NOPC) in the Federal
Register (74 FR 68849) on December 29, 2009, with proposed policy and
program clarifications, modifications, and activities for the fiscal
year (FY) 2010 FOAs. The public comment period was open for 30 days.
ANA received 12 comments from eight different entities: (1) Three
from a Federally recognized Tribe; (2) one from an Alaska Native
Village Corporation; (3) one from a Tribally controlled college; (4)
one from a Hawaiian non-profit organization; (5) two from a Hawaiian
University; (6) one from an individual language educator; (7) one from
an Alaskan non-profit organization; and (8) two from a national non-
profit for Native languages. ANA considered all of the comments
received and provided responses, clarifications, and modifications in
this final directive. The following paragraphs summarize the comments
and our responses. The comments are grouped by the portion of the NOPC
to which they apply.
II. Comments and Responses
A. Comments on SEDS and SEDS--SI FOAs
Comments: ANA received three comments in reference to the SEDS--SI
FOA and the former SEDS--Alaska program announcement. One commenter
said that the description of the SEDS--SI funding opportunity was
insufficient to determine whether the commenter's Tribe would be
eligible to apply under this new FOA. A second commenter stated that
the discontinuation of SEDS--Alaska will have a detrimental impact on
Alaska Native communities, and a third stated the same concerns and
encouraged ANA to consider keeping that program area with an increased
ceiling amount.
Responses: In response to the first comment about SEDS--SI, ANA
provided this clarification: The forthcoming SEDS--SI FOA will address
the same program areas of interest as SEDS and have the same
eligibility criteria; the only difference between SEDS and SEDS--SI
will be the funding floor and ceiling amounts.
In response to the second and third comments, ANA offered no
changes. ANA acknowledges that there are many Tribes and organizations
with limited capacity throughout all of the United States and its
Territories. The SEDS--Alaska initiative was established in 1984 and
for more than 20 years assisted Alaska Native Villages and Alaskan
organizations with capacity-building projects and activities. ANA has
limited funding available with which to impact its target communities,
and ANA is continuously seeking ways to best
[[Page 11182]]
address the needs of all communities. To ensure that competition for
funds is equitable, ANA must ensure an even regional distribution of
funds.
B. Comments on Language Preservation and Language--EMI FOAs
Comments: ANA received three comments on the Native Language
programs. One commenter expressed concern about the lack of emphasis on
teacher training for the language nests in the Language--EMI FOA. One
commenter said that the separation of Esther Martinez Native American
Languages Preservation Act of 2006 (Esther Martinez Act) programs from
other language programs will ensure that the Congressional
appropriations allocated to programs identified in the Esther Martinez
Act will be honored. Specifically, the commenter stated that $12
million was appropriated for the Esther Martinez Act programs with $4
million of that set aside for immersion programs. One commenter
suggested that an absolute priority should be identified for language
immersion schools to align with the Congressional appropriation.
Responses: In response to the first comment, ANA agrees in part.
Teacher training is undoubtedly a critical component to language
programs, and to address this both Native Language FOAs provide
opportunities for teacher training for all types of schools and
programs dedicated to preserving and maintaining Native languages. The
purpose of Language--EMI is to award funds to language survival
schools, language nests, and language restoration programs; however,
the type of project, which could include teacher training, is open to
what the applicant determines is most beneficial to the program, as
long as it fulfills the three-year time requirement. For shorter term
teacher training projects, applicants can apply for projects to include
teacher training under the Language Preservation FOA.
The second and third comments directly relate to the Esther
Martinez Act and ANA's FY 2010 appropriation. With respect to these
comments, ANA agrees in part and offers clarification but no change.
The appropriation language for the FY 2010 ANA budget does not specify
that the entire $12 million for language programs should be allocated
to Esther Martinez Act programs. Instead, the House and Senate
Conference Report 111-366 to accompany P.L. 111-117 (page 1040)
included the following statements:
Within the amount provided for Native American programs, the
conference agreement includes $12,000,000 for Native American
language preservation activities including no less than $4,000,000
for language immersion programs as proposed in Senate Report 111-66.
The House included similar language.
The FY 2010 appropriation and the instructions for Native language
programs do not specify what funds should be allocated to the specific
programs under the Esther Martinez Act. Rather, the recommendation is
that $12 million be spent on all language programs with $4 million of
that used to fund immersion programs. Immersion activities can be
funded under the Language Preservation FOA or the Language--EMI FOA.
The FY 2010 appropriation is not only for new awards, but also for
projects that are continuing into a second or a third year. ANA has
determined that suitable tracking will be completed to ensure funds are
spent as appropriated by Congress.
In FY 2010, ANA identified the Language--EMI FOA as separate from
the Language Preservation FOA to address the specific differences in
time frames and eligibility requirements, as outlined in the Esther
Martinez Act. The Esther Martinez Act program areas fund three-year
projects in one of the following three categories:
Language Nest Projects: providing instruction and child care
through the use of a Native American language and ensuring a Native
American language is the dominant medium of instruction.
Language Survival School Projects: working toward a goal of all
students achieving fluency in a Native American language and
academic proficiency.
Language Restoration Programs: providing instruction in at least
one Native American language and working towards the goal of
increasing proficiency and fluency in that language.
C. Comment on Award Information
Comment: ANA received one comment suggesting that ANA elevate the
funding range for language nest and survival schools from $100,000-
$300,000 to $150,000-$500,000, which have limited funds for teacher
training, curriculum development, repository building, and other
activities.
Response: In response to this comment, ANA offers no change to the
funding floor and ceiling for language nests and survival schools. In
FY 2010, ANA increased the funding ceilings from $200,000 per budget
period for implementation grants and $250,000 per budget period for
immersion grants in FY 2009 to $300,000 per budget period for all
language projects in FY 2010. Further increases in the funding ceiling
will restrict ANA's ability to support many deserving programs. If ANA
increases the funding floor and ceiling, fewer projects will be funded.
For example, if ANA has $2 million for new projects in FY 2010, only
four projects at $500,000 each could be funded versus more than six
projects with a $300,000 ceiling.
D. Comment on Disqualification Factors
Comment: ANA received one comment requesting that ANA identify
Tribally controlled colleges as separate entities from the associated
Tribes.
Response: In response to this comment, ANA offers no change. In
accordance with 45 CFR 1336.33, ``applications from tribal components
which are tribally-authorized divisions of a larger tribe must be
approved by the governing body of the Tribe,'' thereby recognizing them
as one entity.
E. Comment on Definitions
Comment: One commenter stated that the Language--EMI FOA should
include definitions for ``language survival schools'' and ``language
nests'' in addition to ``language restoration programs.''
Response: ANA offers no change in response to this comment. The
NOPC identified only changes from 2009 to 2010. Definitions for both
``language survival schools'' and ``language nests'' were included in
the FY 2009 program announcements; therefore, the definitions were not
included as new definitions in the NOPC. All three definitions will be
included in the FY 2010 Language--EMI FOA.
F. Comment on Application Evaluation Criteria
Comment: One commenter stated that tracking an impact indicator for
three years after the end of the project period is difficult because
there would be no grant funding to support these data collection
efforts.
Response: ANA agrees in part and offers clarification but no
change. The best use of ANA resources is to fund projects that are
sustainable and have the potential to impact and provide benefits to
the community beyond the project period. In addition, applicants should
propose projects that have a clearly identified goal of what the
project will achieve and how the proposed project will impact the
community well into the future. Therefore, ANA is requesting that a
target be set for three years after the project period; however, ANA is
not requiring that data be collected or reported for the period after
the project ends. It will be the grantee's decision whether to track
the third indicator after the end of the project period.
[[Page 11183]]
G. Other Comments
Comments: One commenter suggested that a Tribe should be able to
have a Family Preservation grant concurrent with a SEDS grant and
another commenter stated that the proposed changes will improve the ANA
program and its effectiveness in the target communities.
Responses: The first comment was not addressed by any changes
identified in the NOPC; therefore, ANA declines to respond to the
comment. ANA agrees with the second comment. ANA's program mission is
to promote self-sufficiency and cultural preservation for Native
Americans by providing social and economic development opportunities
through financial assistance, training, and technical assistance to
eligible Tribes and Native American communities, including American
Indian, Alaska Native, Native Hawaiian, and other Native Pacific
Islander organizations. ANA recognizes that to better address its
mission, a simplified funding structure that reaches more of ANA's
target communities is needed. The changes to the FY 2010 FOAs were
developed to that end.
The 2010 FOAs will be published on the ANA Web site at http://www.acf.hhs.gov/programs/ana//programs/program_announcements.html and
at http://www.grants.gov.
Dated: March 2, 2010.
Caroline Gary,
Deputy Commissioner, Administration for Native Americans.
[FR Doc. 2010-4843 Filed 3-9-10; 8:45 am]
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