Indian and Native American Employment and Training Programs; Solicitation for Grant Applications and Announcement of Competition Waivers for Program Years 2008 and 2009, 883-895 [E7-25608]

Download as PDF jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices Commission’s TDD terminal on 202– 205–1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202–205–2000. General information concerning the Commission may also be obtained by accessing its internet server at http:// www.usitc.gov. The public record for this investigation may be viewed on the Commission’s electronic docket (EDIS) at http://edis.usitc.gov. FOR FURTHER INFORMATION CONTACT: T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205–2575. Authority: The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, and in section 210.10 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.10 (2007). Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on December 26, 2007, ordered that— (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain noise cancelling headphones by reason of infringement of one or more of claims 1, 2, and 5 of U.S. Patent No. 5,181,252 and claims 1 and 2 of U.S. Patent No. 6,597,792, and whether an industry in the United States exists as required by subsection (a)(2) of section 337; (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served: (a) The complainant is—Bose Corporation, 100 The Mountain Road, Framingham, Massachusetts 01701. (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served: Phitek Systems Limited, Level 4, Axon Building, 2 Kingdom Street, Newmarket, Auckland, New Zealand. Phitek Systems Limited, 3049 Summerhill Court, San Jose, California 95148. GN Netcom, Inc., 77 Northeastern Boulevard, Nashua, New Hampshire 03062. Audio Technica U.S., Inc., 1221 Commerce Drive, Stow, Ohio 44224. VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 Creative Labs, Inc., 1901 McCarthy Boulevard, Milpitas, California 95035. Logitech Inc., 6505 Kaiser Drive, Fremont, California 94555. Panasonic Corporation of North America, One Panasonic Way, Secaucus, New Jersey 07094. (c) The Commission investigative attorney, party to this investigation, is T. Spence Chubb, Esq., Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street, SW., Suite 401, Washington, DC 20436; and (3) For the investigation so instituted, the Honorable Charles E. Bullock is designated as the presiding administrative law judge. Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission’s Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(d) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown. Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent. Issued: December 27, 2007. By order of the Commission. Marilyn R. Abbott, Secretary of the Commission. [FR Doc. E7–25627 Filed 1–3–08; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 883 DEPARTMENT OF LABOR Employment and Training Administration Indian and Native American Employment and Training Programs; Solicitation for Grant Applications and Announcement of Competition Waivers for Program Years 2008 and 2009 Announcement Type: New. Notice of Solicitation for Grant Applications and Announcement of Competition Waivers. Funding Opportunity Number: SGA/ DFA–PY–05–05. Catalog of Federal Domestic Assistance (CFDA) Number: 17.265 The closing date for receipt of applications under this announcement is by 5 p.m. eastern standard time (EST). Application and submission information is explained in detail in Part IV of this Solicitation for Grant Applications (SGA). SUMMARY: The United States (U.S.) Department of Labor (DOL or the Department), Employment and Training Administration (ETA), announces the availability of competitive grant funds to provide employment and training services to Indians, Alaska Natives and Native Hawaiians under Section 166 of the Workforce Investment Act (WIA) for Program Years (PY) 2008 and 2009 (July 1, 2008 through June 30, 2010). Competition for section 166 grants is conducted every two years, except that the Secretary may waive the requirement for such competition for current grantees that have performed satisfactorily. Through this Notice, the Department announces that the Secretary has waived competition for this solicitation for grantees that have performed satisfactorily under their current grant. See Attachment A for a list of grantees receiving waivers. Grantees that receive waivers from competition only need to submit a cover letter, signed by an authorized signatory, and a Standard Form (SF) 424 Application for Federal Assistance (Version 02). These documents will serve as the grantee’s ‘‘Notice of Intent’’ (NOI) to continue providing WIA § 166 services. The Secretary has also waived competition for this solicitation for those grantees operating a WIA § 166 training and employment program as part of a Public Law 102–477 Demonstration Project, which allows Federally-recognized tribes, or entities serving Federally-recognized tribes, to consolidate formula-funded employment, training, and related dollars under a single service plan DATES: E:\FR\FM\04JAN1.SGM 04JAN1 jlentini on PROD1PC65 with NOTICES 884 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices administered by the Department of the Interior (DOI). See Attachment B for a list of Public Law 102–477 grantees. Grantees operating a WIA § 166 grant as part of a Public Law 102–477 Demonstration Project only need to submit a cover letter, signed by an authorized signatory, and a Standard Form (SF) 424 Application for Federal Assistance (Version 02). These documents will serve as the Public Law 102–477 grantee’s NOI to continue providing WIA § 166 services. Competition for funding under this solicitation is limited to the geographic areas listed in Attachment C of this SGA. Any eligible entity, including new applicants and current grant recipients, may apply for funding to serve these areas. Current grantees serving these geographic areas are subject to competition and must submit a grant application as specified in Part IV (B) in order to compete for their existing service area. Important: Organizations seeking WIA § 166 funding for this period must comply with the provisions of this SGA. Late applications from current grantees or new applicants will not be considered for those geographic service areas that are in competition (as listed in Attachment C). A list of current grantees and the geographic areas they serve can be found at: http://www.doleta.gov/dinap/ cfml/CensusData.cfm. ADDRESSES: Applications must be sent to: U.S. Department of Labor, ETA, Room N–4716, 200 Constitution Avenue, NW., Washington, DC 20210, Attention: James Stockton. Applicants are advised that mail delivery in the Washington, DC area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. Applications submitted via facsimile (fax) machine will not be accepted. SUPPLEMENTARY INFORMATION: This solicitation consists of eight parts and three attachments: • Part I provides the funding description and background information. • Part II describes the size and nature of the anticipated awards. • Part III describes eligible applicants and other grant specifications. • Part IV provides information on the application and submission process. • Part V describes the criteria against which applications will be reviewed and evaluated, and explains the proposal review process. • Part VI provides award administration information. • Part VII contains DOL agency contact information. VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 • Part VIII lists additional resources of interest to applicants. • Attachment A lists grantees receiving waivers. • Attachment B lists Public Law 102– 477 grantees receiving waivers. • Attachment C lists grantees that did not receive a waiver and areas/counties open for competition and associated funding amounts. I. Funding Opportunity Description Section 166 of WIA is to make funds available to Indian tribes, tribal organizations, Alaska Native entities, Indian-controlled organizations serving Indians, and Native Hawaiian organizations to support employment and training activities in order to: (1) Develop more fully the academic, occupational, and literacy skills of Indian, Alaska Natives, and Native Hawaiian individuals; (2) Make Indian, Alaska Natives, and Native Hawaiian individuals more competitive in the workforce; (3) Promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities; and (4) Help Indian, Alaska Natives, and Native Hawaiian individuals achieve personal and economic self-sufficiency. Requirements for WIA § 166 programs are set forth in WIA § 166 (29 U.S.C. 2911) and its regulations, found at 20 CFR part 668, published at 65 FR 49294, 49435 August 11, 2000. A. Background on the Workforce Investment Act (WIA), Section 166 Grants (Also Known as Indian and Native American Grants or INA Grants): The Department’s Office of ETA has awarded employment and training grants to Indian tribes, urban Indian centers, and other nonprofit organizations serving Indians, Alaska Natives, and Native Hawaiians for over 30 years. These grants have been authorized under various forms of legislation such as the Job Training Partnership Act (JTPA) enacted in 1982, and its predecessor, the Comprehensive Employment and Training Act (CETA) enacted in 1973. While WIA maintains most of the core program values that existed in previous laws, it also establishes key reforms that are applicable to Native American programs. One of the key reforms under WIA is the emphasis on the coordination of Federally funded job training programs. The mechanism used to coordinate these various job training programs is the One-Stop delivery system. Under WIA, the Native American Section 166 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 program is a required partner in the One-Stop delivery system. As such, grantees must execute a Memorandum of Understanding (MOU) with the local workforce investment board that identifies the role of the INA grantee in the One-Stop center. It is important that Section 166 grantees coordinate with their local One-Stop service provider(s). Applicants to this SGA should also be aware of ETA’s move towards resultsoriented employment and training programs. In order to better measure performance, ETA has established common measures for all ETA programs. Listed below are the adult performance outcomes that Section 166 grants are measured by: • Entered Employment. • Employment Retention. • Average Earnings. Applicants which receive supplemental youth funds will be measured by the following criteria: • Number of Youth Placed in Unsubsidized Employment. • Number of Youth Placed in Post Secondary Education. • Number of Youth Attained a High School Diploma or Equivalent. • Number of Youth Returned to Secondary School Full-Time. Additional information on performance measures can be found in ETA’s Training and Employment Guidance Letter (TEGL) No. 17–05 (February 17, 2006), which can be found at: http://wdr.doleta.gov/directives/ attach/TEGL17–05.pdf. B. Waivers As indicated in the Summary above, the Secretary has the authority to grant waivers from competition to grantees that have performed satisfactorily under their current grant. Incumbent grantees that have performed satisfactorily, both programmatically and administratively, under the last two grant cycles will receive a waiver from competition for the PY 2008–2009 designation period funded under this notice. However, if the Department has found that the grantee serving a geographic area has failed to perform satisfactorily, that geographic area will be placed in competition, UNLESS the grantee is serving a geographic area over which it has legal jurisdiction. (1) Criteria for Determining Waivers The Department will consider the following factors when determining waivers from competition: (a) Program performance measures. (b) The responsibility review criteria contained in 20 CFR 667.170. (c) The factors related to ability to administer funds in 20 CFR 668.220 and 668.230. E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices jlentini on PROD1PC65 with NOTICES The process for determining waivers from competition is independent of the responsibility review and ability to administer funds processes and a deficiency need not rise to the level necessary to support a finding of ‘‘not responsible’’ or ‘‘not able to administer’’ in order to be considered relevant to the waiver determination. Every applicant for assistance, including those receiving priority and those receiving waivers of competition, must undergo a separate determination of its responsibility under 20 CFR 667.170 and its ability to administer funds under 20 CFR 668.220 and 668.230. Grantees that are determined to be ‘‘not responsible’’ as determined by the responsibility review process will not be selected as potential grantees irrespective of the designation processes included in this SGA. For incumbent organizations that failed to qualify for a waiver of competition, the Grant Officer reserves the right to examine the applicant’s responsibility pursuant to 20 CFR 667.170 as part of the initial review of grant applications in order to carry out a more efficient selection process. Incumbent organizations that are found nonresponsible or unable to administer funds, including those receiving priority, will not qualify for designation. (2) Waivers for Federally Recognized Tribes Serving Areas and/or Populations Over Which They Have Legal Jurisdiction The determination regarding whether to deny a waiver required some adjustment with respect to Federally recognized Indian tribes or Alaska Native entities serving geographic areas over which they have legal jurisdiction and a priority for designation under 20 CFR 668.210(a). In these situations, the Department determined that it will provide a waiver to such grantees since the Section 166 regulations provide a priority for designation for Federally recognized Indian tribes and Alaska Native entities (or consortia that include such a tribe or Alaska Native entity) regarding geographic areas and/or populations over which they have legal jurisdiction. The Waiver is limited to those geographic areas over which the tribal grantee has legal jurisdiction as defined by 20 CFR 668.210(a). Those geographic areas which the grantee serves but lacks legal jurisdiction are subject to competition. The Department will address the poor performance of Federally recognized Indian tribes and Alaska Native entities through separate administrative processes. Such processes may include conditional designation or corrective action plans that require tribes and VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 Alaska Native entities to improve performance. Failure to improve performance may result in a tribal and Alaska Native entity losing its designation as a WIA grantee. (3) Description of Attachments (a) Attachment A provides a list of current grantees receiving competition waivers (including those tribes and Alaska Native entities that will receive conditional designations). (b) Attachment B is a list of Public Law 102–477 grantees receiving waivers. (c) Attachment C lists grantees that did not receive a waiver and areas/ counties open for competition and associated funding amounts. If a federally recognized tribe did not receive a waiver from competition, only the service area in which the tribe does not have legal jurisdiction is listed in Attachment C. C. Procedures After Designation Being designated as a Section 166 service provider, either under a waiver or through competition will not automatically result in an immediate award of grant funds. Entities that successfully complete the designation process, including winning any competition(s) for service area(s) that may occur as defined in this SGA, must prepare a two-year Comprehensive Services Program (CSP) Plan that must be approved by DOL. Instructions for preparation of the CSP Plan will be issued to all designated service providers under separate guidance. After a section 166 designee’s CSP Plan is approved by the Department, a grant agreement (‘‘Notice of Obligation’’ or NOO) must be executed in accordance with 20 CFR 668.292. Each NOO will reflect the amount of Section 166 funds awarded as determined in accordance with 20 CFR 668.296 and 668.440. II. Award Information Type of assistance instrument: Funds will be awarded under this solicitation through two-year grants. Exact award amounts will be determined by the Department after designation of service areas and service providers, and once funding appropriations for the grant periods have been made by Congress. The section 166 program is a ‘‘formula funded’’ program that receives an annual appropriation of approximately $54,000,000. For PY 2007, this amount was distributed throughout the U.S. to 180 grantees. The amounts awarded under the CSP (Adult) program in PY 2007 ranged from $15,641 to $5,970,187. The median grant award amount for PY PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 885 2007 was $160,426. PY 2007 CSP (adult) award amounts for all section 166 grantees can be found at: http:// wdr.doleta.gov/directives/attach/TEGL/ TEGL24–06_Att1.pdf. Adult funding: The amount of funding a grantee will receive for adult services is based on a formula specified at 20 CFR 668.296(b). The CSP (Adult) Funding Formula is as follows: • One-quarter of the funds will be allocated based on the percentage of unemployed Native Americans living in the grantee’s designated INA service area (as defined below) compared to the total number of unemployed Native Americans living in the U.S. • Three-quarters of the funds will be allocated based on the percentage of Native Americans living in poverty in the grantee’s designated INA service area compared to the total number of Native Americans living in poverty in the U.S. A grantee’s designated INA service area is the area identified by the DOL Grant Officer in the grant award in which the grant applicant will operate an employment and training program (usually a county or reservation area). Grant applicants must specify the geographic area(s) they wish to serve in their grant application. ETA uses counties and tribal reservations, Alaska Native villages, and Alaska Native regional corporations to identify areas of service. ETA used data from the 2000 Census to determine the number of Native Americans in poverty and unemployed for each service area. Attachment C identifies the service areas in competition for PY 2008–2009, along with the number of Native Americans in each geographic area who are unemployed, in poverty, or in the youth age bracket and the estimated funding associated with each service area. Youth funding: Grant applicants serving reservation areas and grantees serving any area in the State of Oklahoma also receive Supplemental Youth Services (SYS) program funds. Youth funds are appropriated annually as stated in WIA at § 127(b)(1)(C)(i). Annual appropriations for the SYS program have been between $14,000,000 and $15,000,000, and have been awarded to approximately 136 Native American grantees. The amounts awarded under the SYS program in 2007 ranged from $1,916 to $3,109,199. The median grant award amount for PY 2007 was $36,249. Youth award amounts for all Section 166 grantees can be found at: http://wdr.doleta.gov/ directives/attach/TEGL/TEGL24– 06_Att2.pdf. E:\FR\FM\04JAN1.SGM 04JAN1 886 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices Definition of Native AmericanControlled Organization: A Native American-controlled organization is defined as any organization for which more than 50 percent of the governing board members are Indians or Native Americans. Such an organization can be a tribal government, Native Alaska entity, Native Hawaiian entity, consortium, or public or private nonprofit agency. For the purpose of this award application, the governing board must have decision-making authority for the WIA § 166 program. Eligible consortium: Each member of a consortium must individually meet the requirement of an eligible applicant, as defined in 20 CFR 668.200 (c), (that is, be a Federally recognized tribe, or tribal organization, or Alaska NativeIII. Eligibility Information controlled organization, etc.) and at A. Eligible Applicants least one of the consortia members must have a legal status as a government, an To be eligible for an award of funds agency of a government or a private under WIA § 166 and this solicitation, nonprofit corporation. Additionally, the an entity must meet all eligibility consortium must meet the following requirements of WIA § 166 and 20 CFR conditions: 668.200, as well as the application and • Have members in close proximity to designation requirements found at 20 one another but not necessarily in the CFR part 668, subpart B. The Federal same State; regulations are available at: http:// • Have an administrative unit legally www.doleta.gov/dinap/pdf/ wiafinalregsall.pdf. Potential applicants authorized to run the program and to commit the other members to contracts, are expected to thoroughly review and comply with the statute and regulations. grants, and other legally binding agreements; and Organizations that are eligible to • Be jointly and individually apply for WIA § 166 funds under this responsible for the actions and solicitation are: • Federally recognized Indian Tribes. obligations of the consortium, including • Tribal organizations as defined in debts. Funding Thresholds: To be eligible for 25 U.S.C. 450b. • Alaskan Native-controlled funding, a new (non-incumbent) entity organizations representing regional or must request one or more geographic village areas, as defined in the Alaska service areas in competition that contain Native Claims Settlement Act. an eligible population of sufficient size • Native Hawaiian-controlled entities. to result in a funding level of at least • Native American-controlled $100,000 under the combined adult and organizations serving Indians, including youth funding formulas. See community and faith-based § 668.200(a)(3). Current section 166 organizations (see definition of Native grantees that do not meet the $100,000 American-controlled organizations threshold are exempt from this described below). requirement. Federally-recognized tribes • State-recognized tribal currently receiving, or applying for WIA organizations serving individuals who § 166 funds under Public Law 102–477 were eligible to participate under JTPA only need to meet a $20,000 threshold, § 401, as of August 6, 1998. as long as the combined funding under • Consortia of eligible entities which Public Law 102–477 is at least $100,000. individually meet the legal Attachment C provides funding requirements for a consortium (see estimates for the geographic areas in definition of a consortium described competition. below). Additionally, to be eligible, B. Cost Sharing or Matching entities must have a legal status as a government, an agency of a government, The Section 166 program does not a private nonprofit corporation (e.g., require grantees to share costs or incorporated under IRS § 501(c)(3), or a provide matching funds. consortium as defined below. C. Other Eligibility Criteria Applicants seeking to provide services In accordance with 29 CFR Part 98, in a geographic service area for the first entities that are debarred or suspended time must satisfy the funding threshold shall be excluded from Federal financial identified below. jlentini on PROD1PC65 with NOTICES The amount of youth funding a grantee will receive is based on a formula specified at 20 CFR 668.440. The SYS Funding Formula is as follows: SYS funding will be allocated to grantees serving reservations (or areas in the State of Oklahoma) based on the percentage of Native American Youth between the ages of 14 and 21 living in poverty in the grantee’s designated INA service area compared to the number of Native American youth between the ages of 14 and 21 living in poverty on all reservation areas and the State of Oklahoma. Award amounts available for areas in competition: Estimated funds to be awarded for those areas in competition are included in Attachment C. VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 assistance and are ineligible to receive a section 166 grant. Additionally, the applicant must have the ability to administer section 166 funds. The ability to administer section 166 funds is determined in accordance with 20 CFR 668.220 and 668.230. Limitations on those served under a WIA § 166 grant are identified in Part IV (E) of this SGA, ‘‘Funding Restrictions.’’ Applicants should be aware that there are specific program regulations and OMB circulars that grantees must adhere to upon receiving a section 166 grant. See Part IV (B) of this SGA below. IV. Application and Submission Information A. Address to Request Application Package This SGA contains all of the information needed to apply for grant funding. B. Content and Form of Application Submission Information that must be submitted under this SGA will depend on the applicant’s status with DOL/ETA. For the purposes of this SGA, grant applicants are divided into four categories, each of which is addressed separately below: (1) Current grantees receiving a waiver from competition for their service area (see listing in Attachment A); (2) current grantees operating a WIA § 166 grant under Public Law 102–477 (see listing in Attachment B); (3) current grantees not receiving waivers from competition (see listing in Attachment C); and (4) new applicants for areas in competition. (1). Current Grantees Receiving a Waiver From Competition Current grantees receiving a waiver of competition, as listed in Attachment A of this SGA, only need to submit the following documents: • A brief cover letter informing ETA of the organization’s interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form (SF) 424 (Version 02) which can be obtained at http:// www.doleta.gov/dinap/cfml/ WhatsNew.cfm (See information regarding the completion of the SF–424 below.) If a current grantee with a competition waiver for an existing service area wishes to apply for additional geographic service areas, the additional service area(s) must be stated in item #14 of the SF–424 and the procedures in Section V of this SGA must be followed to apply for grant funding for the additional area(s). A current grantee E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices that has received a waiver from competition does not jeopardize its existing service area by applying for additional service areas nor does it receive any preference for the additional area. (2). Federally-Recognized Tribes Applying for Section 166 Funds Under Public Law 102–477 Public Law 102–477 authorizes WIA § 166 funds to be awarded to Federallyrecognized tribes under a ‘‘consolidation’’ plan administered through the U.S. DOI. Public Law 102– 477 allows Federally-recognized tribes to consolidate formula-funded employment and training related funds under a single, consolidated plan. Grantees operating a WIA § 166 grant under Public Law 102–477, as listed in Attachment B of this SGA, only need to submit the following documents: • A brief cover letter informing ETA of the organization’s interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form (SF) 424 (Version 02) which can be obtained at http:// www.doleta.gov/dinap/cfml/ WhatsNew.cfm (See information regarding the completion of the SF–424 below). These documents indicate their intent to continue receiving section 166 funds. Tribes wishing to apply for WIA § 166 funds under Public Law 102–477 should not apply under this solicitation. Instead, tribes must submit a 477 plan to the U.S. DOI. New tribal applicants should be aware that in order for ETA to timely obligate funds under Public Law 102–477, a tribe’s 477 plan must be received by the DOI no later than April 1, 2008, and approved no later than June 30, 2008. For further information on applying for WIA § 166 funds under Public Law 102– 477, please contact Dawn Anderson at (202) 693–3745 jlentini on PROD1PC65 with NOTICES (3). Current Grantees Not Receiving a Waiver From Competition Current grantees not receiving a waiver from competition, as listed in Attachment C of this SGA, only need to submit the following documents to initially express interest in continuing to serve the geographic service area placed in competition: • A brief cover letter informing ETA of the organization’s interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form (SF) 424 (Version 02) which can be obtained at: http:// www.doleta.gov/dinap/cfml/ WhatsNew.cfm (See information VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 regarding the completion of the SF 424 below.) While these are the only documents initially required, grantees not receiving a waiver should be aware that other entities may apply for their geographic service area(s). In cases where a new applicant (or applicants) applies for a current grantee’s service area, the Grant Officer will notify the applicant—no later than 15 days after the SGA deadline date—that there is competition for the grantee’s service area. Upon such notification, the applicant will be given 30 days from the date of the notification to submit a competitive grant proposal that responds to the evaluation criteria described in Part V(A) and that complies with requirements for new applicants under Part IV(B)(3) below (except that current grantees need not provide identification or proof of legal status, unless it has changed since the entity’s current grant award). Current grantees not receiving a waiver may want to prepare a competitive grant proposal in preparation of a possible notice of competition as some portions of the proposal (such as letters of support) may take longer than the 30 days to prepare. If there is no competition for a service area currently served by a grantee that did not receive a waiver, the Grant Officer, in consultation with INAP and consistent with 20 CFR 668.210, 668.250, and 668.280, will make a decision to continue funding to the current grantee, or to designate the service area to another WIA § 166 grantee that is willing to serve the area, or to transfer funding into the formula to be distributed among all WIA § 166 grantees. (4). New applicants for areas in competition. New applicants must submit a complete grant proposal that addresses each of the evaluation criteria indicated in Part V(A) of this SGA. The proposal may not exceed twenty (20) double-spaced, single-sided, 8.5 inch x 11 inch pages with 12 point text font and one inch margins. In addition, attachments may be included but may not exceed 10 pages. The applicant may provide resumes, a list of staff positions to be funded by the grant, letters of support, statistical information, and other related material. The proposal must include within the 20-page limit: • A brief cover letter informing ETA of the organization’s interest in applying for WIA § 166 funds, signed by an authorized signatory official. • A Standard Form (SF) 424 (Version 02) which can be obtained at: http:// www.doleta.gov/dinap/cfml/ WhatsNew.cfm (see information PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 887 regarding the completion of the SF–424 below). • Identification of the applicant’s legal status, including articles of incorporation for non-profit organizations or consortium agreement (if applicable). • A specific description of the geographic area (i.e., county or reservation) being applied for. Only areas placed in competition and identified in Attachment C of this SGA can be applied for. New applicants should identify the area(s) they wish to serve in item #14 of the SF–424. Applicants may include service areas in an attachment to the SF–424 if additional space is needed. Completing the Standard Form (SF) 424 (Version 02): The SF–424 is available for downloading at: http://www.doleta.gov/ dinap/cfml/WhatsNew.cfm. The SF–424 must clearly identify the applicant and be signed by an individual with authority to enter into a grant agreement. Upon confirmation of an award, the individual signing the SF– 424 on behalf of the applicant shall be considered the representative of the applicant. While the SF–424 requires general information about an applicant, applicants may not be familiar with some required items, or the information may not be readily available. Explanations of these items are provided below: Item #8(c)—Organization DUNS: All applicants for Federal funds are required to have a Dun and Bradstreet (DUNS) number. The DUNS number is a nine-digit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number access this Web site: http:// www.dunandbradstreet.com or call 1– 866–705–5711. Many organizations already have a DUNS number. Applicants should verify that their organization does not already have a DUNS number before obtaining a new number. • Item #11—Catalog of Federal Domestic Assistance Number (CFDA): The CFDA number for the WIA § 166 program is 17.265. This number must be provided in item #11. • Item #14—Areas Affected by Project: Applicants must include the specific geographic areas they wish to serve (i.e., counties, reservations, etc.). Current grantees that wish to serve their existing service area and are not applying for additional service areas only need to indicate ‘‘Existing Service Area’’ in this section. Current grantees and new applicants requesting service E:\FR\FM\04JAN1.SGM 04JAN1 888 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices jlentini on PROD1PC65 with NOTICES areas that are open to competition as indicated in Attachment C of this SGA must include the State, County, and Reservation service area in line item 14. Applicants may include service areas in an attachment to the SF–424 if additional space is needed. • Item #17—Proposed Project Start Date and Ending Date: The WIA § 166 program is funded for a two-year period and is based on a PY period of July 1 through June 30. The proposed start date under this solicitation is July 1, 2008, and the proposed end date is June 30, 2009. • Item #18—Estimated Funding: The WIA § 166 program is a formula funded program and funding is based on population characteristics, geographic service area, and annual congressional appropriations. Since WIA § 166 funding awards are calculated by the DOL/ETA, it is not necessary for applicants to complete Item #18. However, current grantees can view their estimated funding which has been calculated by the DOL/ETA through 2010, at this Web site: http:// www.doleta.gov/dinap/cfml/ CensusData.cfm. Please note that the funding amounts located at the Web sites above are estimates based on the Fiscal Year 2004, congressional appropriation. Funding estimates for those areas in competition are included in Attachment C. • Item #19—Is application Subject to Review by State Under Executive Order (E.O.) 12372 process? The WIA § 166 program is not subject to E.O. 12372. C. Submission Date, Times, and Addresses All applications must be submitted with an original signed application, SF– 424 (all new applicants must also submit a SF–424A, Budget Form) and one (1) ‘‘copy-ready’’ version. Do not bind, staple, or insert protruding tabs. The closing date for receipt of applications under this announcement is by 5 p.m. e.t, 30 days after the date of publication, February 4, 2008. Applications must be received at the address below no later than 5 p.m. e.t. Applications sent by e-mail, telegram, or facsimile (fax) will not be accepted. Applications that do not meet the conditions set forth in this notice will not be considered. No exceptions to the mailing and delivery requirements set forth in this notice will be granted. Mailed applications must be addressed to the U.S. Department of Labor, Employment and Training Administration, Division of Federal Assistance, Attention: James Stockton, Grant Officer, Reference SGA/DFA–PY– 05–05, 200 Constitution Avenue, NW., VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 Room N–4716, Washington, DC 20210. Applicants are advised that mail delivery in the Washington area may be delayed due to mail decontamination procedures. Hand delivered proposals will be received at the above address. All overnight mail will be considered to be hand-delivered and must be received at the designated place by the specified closing date and time. Proposals submitted on diskette or CD is not encouraged as decontamination procedures may cause damage. Late Applications: Any application received after the exact date and time specified for receipt at the office designated in this notice will not be considered, unless it is received before awards are made and it (1) Was sent by U.S. Postal Service registered or certified mail not later than the fifth calendar day before the date specified for receipt of applications (e.g., an application received after the deadline, but having a U.S. postmark showing an early submittal will not be considered late if received before awards are made), or (2) Was sent by U.S. Postal Service Express Mail to the addressee not later than 5 p.m. (e.t.) at the place of mailing one working day prior to the date specified for receipt of applications. ‘‘Post marked’’ means a printed, stamped, or otherwise placed impression (exclusive of a postage meter machine impression) that is readily identifiable, without further action, as having been supplied or affixed on the date of mailing by an employee of the U.S. Postal Service. Therefore, applicants should request the postal clerk to place a legible hand cancellation ‘‘bull’s eye’’ postmark on both the receipt and the package. Failure to adhere to the above instructions will be a basis for a determination of non-responsiveness. Note: Except as specifically provided in this Notice, DOL/ETA’s acceptance of a proposal and an award of Federal funds to sponsor any program(s) does not provide a waiver of any grant requirements and/or procedures. For example, OMB Circulars require that an entity’s procurement procedures must ensure that all procurement transactions are conducted, as much as practical, to provide open and free competition. If a proposal identifies a specific entity to provide services, the DOL/ ETA’s award does not provide the justification or basis to sole source the procurement, i.e., avoid competition, unless the activity is regarded as the primary work of an official partner to the application. Important: Organizations seeking WIA § 166 funding for this period must comply with the provisions of this SGA. Late applications from current grantees or new applicants will not be PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 considered for those geographic service areas that are in competition (as listed in Attachment C). D. Intergovernmental Review This funding opportunity is not subject to E.O. 12372 ‘‘Intergovernmental Review of Federal Programs.’’ E. Funding Restrictions Allowable costs: Determinations of allowable costs will be made in accordance with the applicable Federal cost principles, e.g., for tribes, OMB Circular A–87, for nonprofit organizations, OMB Circular A–122. See 20 CFR 668.810 and 668.840 (incorporating WIA cost rules at 20 CFR 667.200 to 667.220). Disallowed costs are those charges to a grant that the grantor agency or its representative determines not to be allowable in accordance with the applicable Federal Cost Principles or other conditions contained in the grant. The WIA § 166 program limits administrative costs to 15 percent but may be negotiated up to 20 percent upon approval from the grantor agency. There are no specific limits on indirect costs; however, since most indirect costs are considered administrative costs, the amount of indirect cost collected, regardless of the approved rate, may be limited by the overall administrative cost limit. WIA funds must not be spent on construction or purchase of facilities or buildings except in specific circumstances specified at § 667.260. Limitation on the type of individuals served: The regulations at 20 CFR 668.300(a) limit eligibility for WIA § 166 program services to Indians as determined by a policy of the Native American grantee. The grantee’s definition must at least include anyone who is a member of a Federallyrecognized tribe, or an Alaska Natives, or a Native Hawaiian. Those receiving services must also, under § 668.300(b), be either low income, unemployed, underemployed as defined in 20 CFR 668.150, a recipient of a bona fide layoff notice which has taken effect in the last six months or will take effect in the following six month period, or employed persons in need of employment and training services to achieve self-sufficiency. Grantees must ensure that all eligible population members have equitable access to employment and training services. See 20 CFR 668.650(a). Priority of services must be given to veterans and spouses of certain veterans in accordance with the provisions of the ‘‘Jobs for Veterans Act,’’ Public Law 107–288. Since all individuals served by the section 166 E:\FR\FM\04JAN1.SGM 04JAN1 889 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices program must be an Indian, Native American, Alaska Native, or Native Hawaiian, so must the veterans receiving priority under the ‘‘Jobs for Veterans Act’’ be Indian, Native American, Alaska Native, or Native Hawaiian. V. Application Review Information A. Evaluation Criteria The factors listed below will be considered in evaluating the applicants’ approach to providing services and their ability to produce the best outcomes for covered individuals residing in the service area. B. Review and Selection Process Evaluation criteria (1)(a) ...... (b) .......... (c) ........... (2)(a) ...... (b) .......... (c) ........... (3)(a) ...... (b) .......... jlentini on PROD1PC65 with NOTICES (4) .......... Points Previous experience or demonstrated capabilities in successfully operating an employment and training program established for and serving Indians and Native Americans. Previous experience in operating or coordinating with other human resources development programs serving Indians and Native Americans. Applicant should describe other successful Federal, State, or private foundation grants that the applicant has operated in the last two years. Demonstration of coordination and linkages with Indian and non-Indian employment and training resources within the community. Description of the entity’s planning process ........................................................................................................................... Demonstration of involvement with the INA community ......................................................................................................... Approach to providing services, including identification of the training and employment problems and needs in the requested area, and approach to addressing such needs. Demonstration of involvement with local employers and efforts that have been made to link unemployed Native Americans with employers. Applicant should also describe involvement with local Workforce Investment Boards, or if applicable, youth programs, and/or councils. Applicants should describe efforts that have been made to coordinate their human resource services described under Criteria (1)(b) with State Operated One-Step delivery systems. Demonstration of support and recognition by the Native American Community and service population, including local tribes and adjacent Indian organizations and the client populations to be served. Maximum Available Points ...................................................................................................................................................... Overall Review Process: The Grant Officer will conduct an initial review of grant applications for compliance with the statute, regulations, and this SGA. The initial review will consider, among other things, timeliness and completeness of submission, applicant eligibility, eligibility of the requested service area, population size, and funding thresholds as described in Part III (A) of this SGA. The review will also consider the applicant’s ability to administer funds as specified at 20 CFR 668.220 and 668.230. Applications that do not satisfy these conditions will not be considered. For incumbent organizations that failed to qualify for a waiver of competition, the Grant Officer reserves the right to examine the applicant’s responsibility pursuant to 20 CFR 667.170, as part of the initial review of grant applications in order to carry out a more efficient selection process. Incumbent organizations that are found nonresponsible or unable to administer funds, will not qualify for designation. Designation Priority: If two or more applicants satisfy the initial review described above, the Grant Officer will determine whether designation priority exists. In nonreservation areas placed in competition, consistent with 20 CFR 668.210(c), priority for designation will be given to entities with a Native American-controlled governing body and which are representative of the Native American communities that they are applying to serve. VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 Competitive Selection Procedures: Where two or more applicants satisfy the initial review described above and where equal or no priority for designation exists, then a competitive selection will be made for geographic areas identified in Attachment C using the procedures in this section. When competitive selection is necessary, INAP will notify each applicant of the competing NOI no later than 15 days after the application deadline date. Upon notification of competition, current grantees will be given 30 days from the date of notification to submit a complete proposal, as specified in Part IV (B)(3). Where a competitive evaluation is required, the Grant Officer will use a formal panel review process to score proposals and any supporting attachments against the evaluation criteria listed in Part V(A). The review panel will include individuals with knowledge of or expertise in programs dealing with Indians and Native Americans. The purpose of the panel is to review and evaluate an organization’s potential, based on its application, to provide services to a specific Native American community, and submit recommendations to the Grant Officer. It is the Department’s policy that no information affecting the panel review process will be solicited or accepted after the deadlines for receipt of applications set forth in this SGA. All submitted information must be in writing. This policy does not preclude PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 20 10 10 10 10 10 10 10 10 100 the Grant Officer from requesting, or considering, additional information independent of the panel review process. During the review, the panel will not give weight to undocumented assertions. Any information must be supported by adequate and verifiable documentation, e.g., supporting references must contain the name of the contact person, an address, and telephone number. Panel ratings and recommendations are advisory to the Grant Officer. Determination of Designation-Scoring: The Grant Officer will make the final determination of section 166 designees and of the geographic service area for which each designation is made. The Grant Officer will select the entity that demonstrates the ability to produce the best outcomes for its customers, based on all available evidence and in consideration of any designation priorities as described in above. In addition to considering the review panel’s rating in those instances in which a panel is convened, the Grant Officer may consider any other available information regarding the applicants’ financial and administrative capability, operational capability, and responsibility in order to make funding determinations that are advantageous to the government. The Grant Officer need not designate an entity for every geographic area. See 20 CFR 668.294. If there are service areas in competition for which no entity submitted a complete application or for E:\FR\FM\04JAN1.SGM 04JAN1 890 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices which no entity achieved a score of at least 70, the Grant Officer may either designate no service provider or may designate an entity based on demonstrated capability to provide the best services to the client population. The Department reserves the rights to select applicants with scores lower than 70 or lower than competing applications if such selection would, in the Department’s judgment, result in the most effective and appropriate combination of services to the client population, funding, and costs. An applicant that does not receive WIA § 166 funding, in whole or in part, as a result of this process, will be afforded the opportunity to appeal the Grant Officer’s decision as provided at 20 CFR 668.270. C. Anticipated Announcement and Award Dates Designation decisions will be made by March 1, 2008. VI. Award Administration Information jlentini on PROD1PC65 with NOTICES A. Award Notices The Grant Officer, Mr. James Stockton, will notify applicants of the results of their application as follows: Designation Award Letter: The designation award letter signed by the Grant Officer will serve as official notice that the applicant has been awarded WIA § 166 funding. The designation award letter will include the geographic service area for which the designation is made. Nondesignation Award Letter: Any organization not receiving a designated award, in whole or in part, for a requested geographic service area that is in competition (as identified in Attachment C) will be notified formally of the nonaward designation. Notification by a person or entity, other than the Grant Officer that an applicant has been awarded WIA § 166 funds is not valid. B. Administrative and National Policy Requirements Applicants that are awarded WIA § 166 funds and become a Grantee of ETA must comply with the provisions of WIA and its regulations. Particular attention should be given to 20 CFR Part 668, which focuses specifically on programs for Indians and Native Americans under WIA. In addition, all grants will be subject to the following administrative standards and provisions, as applicable to the particular grantee: • 20 CFR part 667—Administrative provisions under Title I of WIA. • 29 CFR part 2, subpart D—Equal Treatment in Department of Labor VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 Programs for Religious Organizations; Protection of Religious Liberty of Department of Labor Social Service Providers and Beneficiaries. • 29 CFR parts 30, 31, 32, 33, 35 and 36—Equal Employment Opportunity in Apprenticeship and Training; Nondiscrimination in Federally Assisted Programs of the Department of Labor—Effectuation of Title VI of the Civil Rights Act of 1964; Nondiscrimination on the Basis of Handicap in Programs or Activities Conducted by the Department of Labor; Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from the Department of Labor; and Nondiscrimination on the Basis of Sex in Education Programs Receiving or Benefiting from Federal Financial Assistance. • 29 CFR part 37—Implementation of the Nondiscrimination and Equal Opportunity Provisions of the Workforce Investment Act of 1998. • 29 CFR part 93—Lobbying. • 29 CFR part 95—Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations, and with Commercial Organizations. • 29 CFR part 96—Federal Standards for Audit of Federally Funded Grants, Contracts, and Agreements. • 29 CFR part 97 Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. • 29 CFR part 98—Government-wide Debarment and Suspension (NonProcurement) and Government-wide Requirements for Drug-Free Workplace (Grants). • 29 CFR part 99—Audit of States, Local Governments, and Non-Profit Organizations. In accordance with WIA § 195(6) and 20 CFR 668.630(f), programs funded under this SGA may not involve political activities. Additionally, in accordance with section 18 of the Lobbying Disclosure Act of 1995, Public Law 104–65 (2 U.S.C. 1611), nonprofit entities incorporated under § 501(c)(4) that engage in lobbying activities are not eligible to receive Federal funds and grants. Further, this program is subject to the provisions of the ‘‘Jobs for Veterans Act,’’ Public Law 107–288, which provides priority of service to veterans and spouses of certain veterans for the receipt of employment, training, and placement services in any job training program directly funded, in whole or in part, by DOL. Please note that, to obtain priority of service, a veteran must meet the program’s PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 eligibility requirements. ETA Training and Employment Guidance Letter (TEGL) No. 5–03 (September 16, 2003) provides guidance on the scope of the veterans priority statute and its effect on current employment training programs. C. Reporting Applicants that are awarded WIA § 166 funds and become grantees of ETA will be required to submit reports on financial expenditures, program participation, and participant outcomes on no more than a quarterly basis and in accordance with ETA-specified formats, deadlines, and other requirements. Grantee performance will be evaluated on an annual basis. VII. Agency Contacts Questions regarding this SGA can be directed to: Serena Boyd, Grants Management Specialist, e-mail: boyd.serena@dol.gov; (202) 693–3338; Fax: (202) 693–2879. VIII. Other Information Potential applicants may obtain further information on the WIA § 166 program for employment and training of Native Americans through the Web site for DOL’s Indian and Native American Programs: http://www.doleta.gov/ dinap/. Any information submitted in response to this SGA will be subject to the provisions of the Privacy Act and the Freedom of Information Act, as appropriate. The Department is not obligated to make any awards as a result of this SGA, and only the Grant Officer can bind the Department to the provision of funds under WIA § 166. Unless specifically provided in the grant agreement, the Department’s acceptance of a proposal and/or award of Federal funds does not waive any grant requirements and/or procedures. OMB Information Collection No. 1205– 0458 Expires September 30, 2009. According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless such collection displays a valid OMB control number. Public reporting burden for this collection of information is estimated to average 20 hours per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimated or any other aspect of this collection of information, including suggestions for reducing this burden, to the U.S. Department of Labor, the OMB Desk Officer for ETA, Office of Management and Budget, Room 10235, E:\FR\FM\04JAN1.SGM 04JAN1 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices Washington, DC 20503. Please do not return your completed application to the OMB. Send it to the sponsoring agency as specified in this solicitation. This information is being collected for the purpose of awarding a grant. The information collected through this ‘‘Solicitation for Grant Applications’’ will be used by the Department of Labor to ensure that grants are awarded to the applicant best suited to perform the functions of the grant. Submission of this information is required in order for the applicant to be considered for award of this grant. Unless otherwise specifically noted in this announcement, information submitted in the respondent’s application is not considered to be confidential. Signed at Washington, DC, this 28th day of December 2007. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration. Attachment A—Current Grantees Receiving Waivers Attachment B—Public Law 102–477 Grantees Receiving Waivers Attachment C—Current Grantees Not Receiving Waivers and Associated Geographic Areas ATTACHMENT A.—CURRENT GRANTEES RECEIVING WAIVERS jlentini on PROD1PC65 with NOTICES State Alabama .............................. Alabama .............................. Alaska ................................. Alaska ................................. Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arizona ................................ Arkansas ............................. California ............................. California ............................. California ............................. California ............................. California ............................. California ............................. California ............................. California ............................. Colorado .............................. Colorado .............................. Colorado .............................. Delaware ............................. Florida ................................. Florida ................................. Hawaii ................................. Indiana ................................ Kansas ................................ Louisiana ............................. Maine .................................. Massachusetts .................... Massachusetts .................... Michigan .............................. Michigan .............................. Michigan .............................. Michigan .............................. Michigan .............................. Michigan .............................. Minnesota ............................ Minnesota ............................ Minnesota ............................ Minnesota ............................ Minnesota ............................ Mississippi ........................... Missouri ............................... Montana .............................. Montana .............................. Montana .............................. Montana .............................. VerDate Aug<31>2005 Grantee name Inter-Tribal Council of Alabama, Inc. Poarch Band of Creek Indians. Kenaitze Indian Tribe. Maniilaq Association. Affiliation of Arizona Indian Centers, Inc. American Indian Association of Tucson. Colorado River Indian Tribes. Gila River Indian Community. Hopi Tribal Council. Hualapai Tribe. Inter-Tribal Council of Arizona, Inc. Native Americans for Community Action, Inc. Pascua Yaqui Tribe. Phoenix Indian Center, Inc. Quechan Indian Tribe. Salt River Pima-Maricopa Indian Community. San Carlos Apache Tribe. White Mountain Apache Tribe. American Indian Center of Arkansas, Inc. California Indian Manpower Consortium, Inc. Candelaria American Indian Council, Inc. Indian Human Resources Center, Inc. Northern California Indian Development Council, Inc. Southern California Indian Center, Inc. Tule River Tribal Council. United Indian Nations, Inc. Ya-Ka-Ama Indian Education and Development, Inc. Denver Indian Center, Inc. Southern Ute Indian Tribe. Ute Mountain Ute Tribe. Nanticoke Indian Association, Inc. Florida Governors Council on Indian Affairs, Inc. Miccosukee Tribe of Indians of Florida. Alu Like, Inc. American Indian Center of Indiana, Inc. United Tribes of Kansas and Southeast Nebraska, Inc. Inter-Tribal Council of Louisiana, Inc. Penobscot Indian Nation. Mashpee-Wampanoag Indian Tribe. North American Indian Center of Boston, Inc. Inter-Tribal Council of Michigan, Inc. Michigan Indian Employment and Training Services, Inc. North American Indian Association of Detroit, Inc. Pokagon Band of Potawatomi Indians. Sault Ste. Marie Tribe of Chippewa Indians. South Eastern Michigan Indians, Inc. American Indian Opportunities, Inc. Bois Forte Tribal Council. Fond Du Lac Reservation. Leech Lake Band of Ojibwe. Minneapolis American Indian Center. Mississippi Band of Choctaw Indians. American Indian Council. B.C. of The Chippewa Cree Tribe. Blackfeet Tribal Business Council. Crow Tribe of Indians. Montana United Indian Association. 16:42 Jan 03, 2008 Jkt 214001 PO 00000 891 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1 892 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices ATTACHMENT A.—CURRENT GRANTEES RECEIVING WAIVERS—Continued jlentini on PROD1PC65 with NOTICES State Montana .............................. Nebraska ............................. Nebraska ............................. Nevada ................................ Nevada ................................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New Mexico ........................ New York ............................ New York ............................ New York ............................ New York ............................ North Carolina ..................... North Carolina ..................... North Carolina ..................... North Carolina ..................... North Carolina ..................... North Carolina ..................... North Carolina ..................... North Dakota ....................... North Dakota ....................... North Dakota ....................... Ohio ..................................... Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oregon ................................ Oregon ................................ Oregon ................................ Pennsylvania ....................... Rhode Island ....................... South Carolina .................... South Dakota ...................... South Dakota ...................... South Dakota ...................... Texas .................................. Texas .................................. Texas .................................. Utah ..................................... Utah ..................................... Vermont ............................... Virginia ................................ Washington ......................... Washington ......................... Washington ......................... Washington ......................... Wisconsin ............................ Wisconsin ............................ Wisconsin ............................ Wisconsin ............................ Wyoming ............................. Grantee name Northern Cheyenne Tribe. Indian Center, Inc. Omaha Tribe of Nebraska. Inter-Tribal Council of Nevada, Inc. Las Vegas Indian Center, Inc. Alamo Navajo School Board. Eight Northern Indian Pueblo Council. Five Sandoval Indian Pueblos, Inc. Jicarilla Apache Tribe. Mescalero Apache Tribe. National Indian Youth Council. Pueblo of Acoma. Pueblo of Isleta. Pueblo of Taos. Ramah Navajo School Board, Inc. Santa Clara Indian Pueblo. Santo Domingo Tribe. American Indian Community House, Inc. Native American Community Services of Erie and Niagara Counties. Native American Cultural Center, Inc. St. Regis Mohawk Tribe. Cumberland County Association for Indian People, Inc. Eastern Band of Cherokee Indians. Guilford Native American Association. Haliwa-Saponi Tribe, Inc. Lumbee Regional Development Association, Inc. Metrolina Native American Association. North Carolina Commission on Indian Affairs. Standing Rock Sioux Tribe. Turtle Mountain Band of Chippewa Indians. United Tribes Technical College. North American Indian Cultural Center, Inc. Absentee Shawnee Tribe. Cheyenne Arapaho Tribes of Oklahoma. Comanche Tribe of Oklahoma. Creek Nation of Oklahoma. Four Tribes Consortium of Oklahoma. Inter-Tribal Council of Northeast Oklahoma. Kiowa Tribe of Oklahoma. Otoe-Missouria Tribe. Ponca Tribe of Oklahoma. Seminole Nation of Oklahoma. Tonkawa Tribe of Oklahoma. United Urban Indian Council, Inc. Wyandotte Nation. Confederated Tribes of the Umatilla Indian Reservation. Confederated Tribes of Warm Springs. Organization of Forgotten Americans, Inc. Council of Three Rivers American Indian Center, Inc. Rhode Island Indian Council, Inc. South Carolina Indian Development Council, Inc. Lower Brule Sioux Tribe. Oglala Sioux Tribe. Yankton Sioux Tribe. Alabama-Coushatta Indian Tribal Council. Dallas Inter-Tribal Center. Ysleta Del Sur Pueblo. Indian Training and Education Center. Ute Indian Tribe. Abenaki Self-Help Association/N.H. Indian Council. Mattaponi Pamunkey Monacan Consortium. American Indian Community Center. Confederated Tribes and Bands of the Yakama Nation. Seattle Indian Center, Inc. Western Washington Indian Employment and Training. Lac Courte Oreilles Tribal Governing Board. Lac Du Flambeau Band of Lake Superior Chippewa Indians, Inc. Oneida Tribe of Indians. Spotted Eagle, Inc. Northern Arapahoe Business Council. Total Grantees Receiving Waivers: 127. VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1 893 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices ATTACHMENT B.—PUBLIC LAW 102–477 GRANTEES RECEIVING WAIVERS State Grantee name Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Alaska ................................. Arizona ................................ Idaho ................................... Idaho ................................... Michigan .............................. Minnesota ............................ Minnesota ............................ Minnesota ............................ Montana .............................. Montana .............................. Montana .............................. Nebraska ............................. Nevada ................................ Nevada ................................ New Mexico ........................ New Mexico ........................ New York ............................ North Dakota ....................... North Dakota ....................... Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oklahoma ............................ Oregon ................................ South Dakota ...................... South Dakota ...................... South Dakota ...................... Washington ......................... Washington ......................... Washington ......................... Washington ......................... Wisconsin ............................ Wisconsin ............................ Wisconsin ............................ Wyoming ............................. Aleutian-Pribilof Islands Association. Association of Village Council Presidents. Bristol Bay Native Association. Tlingit and Haida Central Council. Chugachmiut. Cook Inlet Tribal Council. Copper River Native Association. Kawerak Incorporated. Kodiak Area Native Association. Metlakatla Indian Community. Orutsararmuit Native Council. Tanana Chiefs Conference. Tohono O’odham Nation. Nez Perce Tribe. Shoshone-Bannock Tribes. Grand Traverse Band of Ottawa and Chippewa Indians. Mille Lacs Band of Ojibwe. Red Lake Band Nation. White Earth Reservation Tribal Council. Assiniboine and Sioux Tribes. Confederated Salish & Kootenai Tribes. Fort Belknap Indian Community. Winnebago Tribe of Nebraska. Reno Sparks Indian Colony. Shoshone-Paiute Tribes. Pueblo of Laguna. Pueblo of Zuni. Seneca Nation of Indians. Spirit Lake Sioux Nation. Three Affiliated Tribes. Cherokee Nation. Chickasaw Nation. Choctaw Nation. Citizens Potawatomi Nation. Osage Nation. Pawnee Nation of Oklahoma. Confederated Tribes of Siletz Indians. Cheyenne River Sioux Tribe. Sicangu Nation (Rosebud Sioux Tribe). Sisseton-Wahpeton Sioux Tribe. Confederated Tribes of the Colville Reservation. Makah Tribal Council. Spokane Tribe of Indians. Tulalip Tribes of Washington. Ho-Chunk Nation. Menominee Indian Tribe. Stockbridge-Munsee Community. Eastern Shoshone Tribe. Total Public Law 102–477 Grantees Receiving Waivers: 48. ATTACHMENT C.—CURRENT GRANTEES NOT RECEIVING WAIVERS AND AREAS/COUNTIES OPEN FOR COMPETITION AND ASSOCIATED GEOGRAPHIC AREAS jlentini on PROD1PC65 with NOTICES Unemployed State: Alaska Grantee: Open Area Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) Arctic Slope (ANRC) (Anaktuvuk Pass ANVSA) ............................................................................... (Atqasuk ANVSA) ............................................................................................ (Barrow ANVSA) ............................................................................................. (Kaktovik ANVSA) ........................................................................................... (Nuiqsut ANVSA) ............................................................................................. (Point Hope ANVSA) ....................................................................................... (Point Lay ANVSA) .......................................................................................... (Wainwright ANVSA) ....................................................................................... (Outside ANVSA’s) .......................................................................................... 50 4 220 20 15 80 4 55 0 PY 2008 Adult Funding Estimate: $78,825.00 PY 2009 Adult Funding Estimate: $78,825.00 PY 2008 Youth Funding Estimate: $16,352.73 VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1 Poverty 10 30 295 20 10 100 20 70 0 Youth 4 4 25 4 4 15 0 4 0 894 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices ATTACHMENT C.—CURRENT GRANTEES NOT RECEIVING WAIVERS AND AREAS/COUNTIES OPEN FOR COMPETITION AND ASSOCIATED GEOGRAPHIC AREAS—Continued Unemployed Poverty Youth PY 2009 Youth Funding Estimate: $16,352.73 State: Florida Grantee: Open Area Broward County (off reservation) ...................................................................................................... Broward County (Coconut Creek reservation) .................................................................................. Broward County (Hollywood reservation) .......................................................................................... Broward County (Seminole trust land) .............................................................................................. Glades County (Brighton reservation) ............................................................................................... Glades County (off reservation) ........................................................................................................ Hendry County (Big Cypress reservation) ......................................................................................... Hendry County (off reservation) ........................................................................................................ jlentini on PROD1PC65 with NOTICES PY PY PY PY 2008 2009 2008 2009 190 0 10 0 0 4 10 4 830 0 120 0 15 0 35 20 0 0 10 0 10 0 20 0 4 25 0 4 4 15 70 45 0 0 0 0 0 10 15 0 0 4 4 20 0 4 4 0 0 4 45 0 0 4 0 4 0 0 20 15 0 0 20 0 190 25 15 565 10 0 0 4 0 0 0 25 210 4 50 20 95 255 110 0 15 4 0 0 235 40 95 4 25 4 145 4 25 20 0 0 4 285 4 4 45 0 10 4 0 145 45 10 4 210 0 1100 35 85 2835 30 0 0 10 4 0 4 0 40 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 0 0 0 0 0 0 0 0 0 Adult Funding Estimate: $85,811.97 Adult Funding Estimate: $85,811.97 Youth Funding Estimate: $10,901.82 Youth Funding Estimate: $10,901.82 State: South Dakota and Nebraska Grantee: United Sioux Tribes of South Dakota Development Corporation Knox County (NE—off reservation) ................................................................................................... Knox County (NE—Santee Reservation only) .................................................................................. Aurora County .................................................................................................................................... Beadle County ................................................................................................................................... Bon Homme County .......................................................................................................................... Brookings County .............................................................................................................................. Brown County .................................................................................................................................... Brule County ...................................................................................................................................... Buffalo County ................................................................................................................................... Butte County ...................................................................................................................................... Campbell County ............................................................................................................................... Charles Mix County (off reservation) ................................................................................................. Clark County ...................................................................................................................................... Clay County ....................................................................................................................................... Custer County .................................................................................................................................... Davison County ................................................................................................................................. Deuel County ..................................................................................................................................... Douglas County ................................................................................................................................. Edmunds County ............................................................................................................................... Fall River County ............................................................................................................................... Faulk County ...................................................................................................................................... Haakon County .................................................................................................................................. Hamlin County ................................................................................................................................... Hand County ...................................................................................................................................... Hanson County .................................................................................................................................. Harding County .................................................................................................................................. Hughes County (off reservation) ....................................................................................................... Hutchinson County ............................................................................................................................ Hyde County (off reservation) ........................................................................................................... Jackson County (off reservation) ....................................................................................................... Jerauld County ................................................................................................................................... Jones County ..................................................................................................................................... Kingsbury County .............................................................................................................................. Lake County ....................................................................................................................................... Lawrence County ............................................................................................................................... Lincoln County ................................................................................................................................... McCook County ................................................................................................................................. McPherson County ............................................................................................................................ Meade County ................................................................................................................................... Miner County ..................................................................................................................................... Minnehaha County ............................................................................................................................. Moody County (Flandreau reservation) ............................................................................................. Moody County (off reservation) ......................................................................................................... Pennington County ............................................................................................................................ Perkins County .................................................................................................................................. Potter County ..................................................................................................................................... Sanborn County ................................................................................................................................. Spink County ..................................................................................................................................... Sully County ....................................................................................................................................... Turner County .................................................................................................................................... Union County ..................................................................................................................................... VerDate Aug<31>2005 16:42 Jan 03, 2008 Jkt 214001 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\04JAN1.SGM 04JAN1 895 Federal Register / Vol. 73, No. 3 / Friday, January 4, 2008 / Notices ATTACHMENT C.—CURRENT GRANTEES NOT RECEIVING WAIVERS AND AREAS/COUNTIES OPEN FOR COMPETITION AND ASSOCIATED GEOGRAPHIC AREAS—Continued Unemployed Walworth County ............................................................................................................................... Yankton County ................................................................................................................................. Native Hawaiian Imputation ............................................................................................................... PY PY PY PY 2008 2009 2008 2009 Poverty Youth 75 25 0 420 90 36 0 0 0 100 495 0 185 635 0 140 1,085 0 50 20 85 20 30 10 4 1 290 125 280 35 135 110 4 1 45 0 35 4 15 0 0 0 Adult Funding Estimate: $552,616.57 Adult Funding Estimate: $552,616.57 Youth Funding Estimate: $13,627.27 Youth Funding Estimate: $13,627.27 State: Utah Grantee: Navajo Nation San Juan County ............................................................................................................................... PY 2008 Adult Funding Estimate: $41,082.20 PY 2009 Adult Funding Estimate: $41,082.20 State: Washington Grantee: Lummi Indian Business Council Whatcom County (off reservation) ..................................................................................................... PY 2008 Adult Funding Estimate: $58,201.16 PY 2009 Adult Funding Estimate: $58,201.16 State: Washington Grantee: Puyallup Tribe of Indians Pierce County (2/3 of county off reservation) ................................................................................... PY 2008 Adult Funding Estimate: $92,129.98 PY 2009 Adult Funding Estimate: $92,129.98 State: Wisconsin Grantee: Wisconsin Indian Consortium Ashland County (Bad River reservation) ........................................................................................... Ashland County (off reservation) ....................................................................................................... Bayfield County (Red Cliff reservation) ............................................................................................. Forest County (Potawatomi (WI) reservation) ................................................................................... Forest County (Saokogon Chippewa Community) ............................................................................ Forest County (off reservation) .......................................................................................................... Iron County ........................................................................................................................................ Native Hawaiian Imputation ............................................................................................................... PY PY PY PY 2008 2009 2008 2009 Adult Funding Estimate: $83,309.34 Adult Funding Estimate: $83,309.34 Youth Funding Estimate: $26,982.00 Youth Funding Estimate: $26,982.00 Total Current Grantees Not Receiving Waivers: 7. expanding the recognition of MET Laboratories, Inc., (MET) as a Nationally Recognized Testing Laboratory under 29 CFR 1910.7. [FR Doc. E7–25608 Filed 1–3–08; 8:45 am] BILLING CODE 4510–FN–P DEPARTMENT OF LABOR The expansion of recognition becomes effective on January 4, 2008. DATES: Occupational Safety and Health Administration FOR FURTHER INFORMATION CONTACT: [Docket No. OSHA–2006–0028] MET Laboratories, Inc.; Expansion of Recognition Occupational Safety and Health Administration (OSHA), Labor. ACTION: Notice. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: This notice announces the Occupational Safety and Health Administration’s final decision VerDate Aug<31>2005 18:32 Jan 03, 2008 Jkt 214001 MaryAnn Garrahan, Director, Office of Technical Programs and Coordination Activities, NRTL Program, Occupational Safety and Health Administration, U.S. Department of Labor, 200 Constitution Avenue, NW., Room N–3655, Washington, DC 20210, or phone (202) 693–2110. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 Notice of Final Decision The Occupational Safety and Health Administration (OSHA) hereby gives notice of the expansion of recognition of MET Laboratories, Inc., (MET) as a Nationally Recognized Testing Laboratory (NRTL). MET’s expansion covers the use of additional test standards. OSHA’s current scope of recognition for MET may be found in the following informational Web page: http://www.osha.gov/dts/otpca/nrtl/ met.html. OSHA recognition of an NRTL signifies that the organization has met the legal requirements in § 1910.7 of Title 29, Code of Federal Regulations (29 CFR 1910.7). Recognition is an acknowledgment that the organization E:\FR\FM\04JAN1.SGM 04JAN1

Agencies

[Federal Register Volume 73, Number 3 (Friday, January 4, 2008)]
[Notices]
[Pages 883-895]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-25608]


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DEPARTMENT OF LABOR

Employment and Training Administration


Indian and Native American Employment and Training Programs; 
Solicitation for Grant Applications and Announcement of Competition 
Waivers for Program Years 2008 and 2009

    Announcement Type: New. Notice of Solicitation for Grant 
Applications and Announcement of Competition Waivers.
    Funding Opportunity Number: SGA/DFA-PY-05-05.

Catalog of Federal Domestic Assistance (CFDA) Number: 17.265


DATES: The closing date for receipt of applications under this 
announcement is by 5 p.m. eastern standard time (EST). Application and 
submission information is explained in detail in Part IV of this 
Solicitation for Grant Applications (SGA).
SUMMARY: The United States (U.S.) Department of Labor (DOL or the 
Department), Employment and Training Administration (ETA), announces 
the availability of competitive grant funds to provide employment and 
training services to Indians, Alaska Natives and Native Hawaiians under 
Section 166 of the Workforce Investment Act (WIA) for Program Years 
(PY) 2008 and 2009 (July 1, 2008 through June 30, 2010). Competition 
for section 166 grants is conducted every two years, except that the 
Secretary may waive the requirement for such competition for current 
grantees that have performed satisfactorily.
    Through this Notice, the Department announces that the Secretary 
has waived competition for this solicitation for grantees that have 
performed satisfactorily under their current grant. See Attachment A 
for a list of grantees receiving waivers. Grantees that receive waivers 
from competition only need to submit a cover letter, signed by an 
authorized signatory, and a Standard Form (SF) 424 Application for 
Federal Assistance (Version 02). These documents will serve as the 
grantee's ``Notice of Intent'' (NOI) to continue providing WIA Sec.  
166 services.
    The Secretary has also waived competition for this solicitation for 
those grantees operating a WIA Sec.  166 training and employment 
program as part of a Public Law 102-477 Demonstration Project, which 
allows Federally-recognized tribes, or entities serving Federally-
recognized tribes, to consolidate formula-funded employment, training, 
and related dollars under a single service plan

[[Page 884]]

administered by the Department of the Interior (DOI). See Attachment B 
for a list of Public Law 102-477 grantees. Grantees operating a WIA 
Sec.  166 grant as part of a Public Law 102-477 Demonstration Project 
only need to submit a cover letter, signed by an authorized signatory, 
and a Standard Form (SF) 424 Application for Federal Assistance 
(Version 02). These documents will serve as the Public Law 102-477 
grantee's NOI to continue providing WIA Sec.  166 services.
    Competition for funding under this solicitation is limited to the 
geographic areas listed in Attachment C of this SGA. Any eligible 
entity, including new applicants and current grant recipients, may 
apply for funding to serve these areas. Current grantees serving these 
geographic areas are subject to competition and must submit a grant 
application as specified in Part IV (B) in order to compete for their 
existing service area.
    Important: Organizations seeking WIA Sec.  166 funding for this 
period must comply with the provisions of this SGA. Late applications 
from current grantees or new applicants will not be considered for 
those geographic service areas that are in competition (as listed in 
Attachment C).
    A list of current grantees and the geographic areas they serve can 
be found at: http://www.doleta.gov/dinap/cfml/CensusData.cfm.

ADDRESSES: Applications must be sent to: U.S. Department of Labor, ETA, 
Room N-4716, 200 Constitution Avenue, NW., Washington, DC 20210, 
Attention: James Stockton. Applicants are advised that mail delivery in 
the Washington, DC area may be delayed due to mail decontamination 
procedures. Hand delivered proposals will be received at the above 
address. Applications submitted via facsimile (fax) machine will not be 
accepted.

SUPPLEMENTARY INFORMATION: This solicitation consists of eight parts 
and three attachments:
     Part I provides the funding description and background 
information.
     Part II describes the size and nature of the anticipated 
awards.
     Part III describes eligible applicants and other grant 
specifications.
     Part IV provides information on the application and 
submission process.
     Part V describes the criteria against which applications 
will be reviewed and evaluated, and explains the proposal review 
process.
     Part VI provides award administration information.
     Part VII contains DOL agency contact information.
     Part VIII lists additional resources of interest to 
applicants.
     Attachment A lists grantees receiving waivers.
     Attachment B lists Public Law 102-477 grantees receiving 
waivers.
     Attachment C lists grantees that did not receive a waiver 
and areas/counties open for competition and associated funding amounts.

I. Funding Opportunity Description

    Section 166 of WIA is to make funds available to Indian tribes, 
tribal organizations, Alaska Native entities, Indian-controlled 
organizations serving Indians, and Native Hawaiian organizations to 
support employment and training activities in order to:
    (1) Develop more fully the academic, occupational, and literacy 
skills of Indian, Alaska Natives, and Native Hawaiian individuals;
    (2) Make Indian, Alaska Natives, and Native Hawaiian individuals 
more competitive in the workforce;
    (3) Promote the economic and social development of Indian, Alaska 
Native, and Native Hawaiian communities in accordance with the goals 
and values of such communities; and
    (4) Help Indian, Alaska Natives, and Native Hawaiian individuals 
achieve personal and economic self-sufficiency.
    Requirements for WIA Sec.  166 programs are set forth in WIA Sec.  
166 (29 U.S.C. 2911) and its regulations, found at 20 CFR part 668, 
published at 65 FR 49294, 49435 August 11, 2000.

A. Background on the Workforce Investment Act (WIA), Section 166 Grants 
(Also Known as Indian and Native American Grants or INA Grants):

    The Department's Office of ETA has awarded employment and training 
grants to Indian tribes, urban Indian centers, and other nonprofit 
organizations serving Indians, Alaska Natives, and Native Hawaiians for 
over 30 years. These grants have been authorized under various forms of 
legislation such as the Job Training Partnership Act (JTPA) enacted in 
1982, and its predecessor, the Comprehensive Employment and Training 
Act (CETA) enacted in 1973. While WIA maintains most of the core 
program values that existed in previous laws, it also establishes key 
reforms that are applicable to Native American programs.
    One of the key reforms under WIA is the emphasis on the 
coordination of Federally funded job training programs. The mechanism 
used to coordinate these various job training programs is the One-Stop 
delivery system. Under WIA, the Native American Section 166 program is 
a required partner in the One-Stop delivery system. As such, grantees 
must execute a Memorandum of Understanding (MOU) with the local 
workforce investment board that identifies the role of the INA grantee 
in the One-Stop center. It is important that Section 166 grantees 
coordinate with their local One-Stop service provider(s).
    Applicants to this SGA should also be aware of ETA's move towards 
results-oriented employment and training programs. In order to better 
measure performance, ETA has established common measures for all ETA 
programs. Listed below are the adult performance outcomes that Section 
166 grants are measured by:
     Entered Employment.
     Employment Retention.
     Average Earnings.
    Applicants which receive supplemental youth funds will be measured 
by the following criteria:
     Number of Youth Placed in Unsubsidized Employment.
     Number of Youth Placed in Post Secondary Education.
     Number of Youth Attained a High School Diploma or 
Equivalent.
     Number of Youth Returned to Secondary School Full-Time.
    Additional information on performance measures can be found in 
ETA's Training and Employment Guidance Letter (TEGL) No. 17-05 
(February 17, 2006), which can be found at: http://wdr.doleta.gov/
directives/attach/TEGL17-05.pdf.

B. Waivers

    As indicated in the Summary above, the Secretary has the authority 
to grant waivers from competition to grantees that have performed 
satisfactorily under their current grant. Incumbent grantees that have 
performed satisfactorily, both programmatically and administratively, 
under the last two grant cycles will receive a waiver from competition 
for the PY 2008-2009 designation period funded under this notice.
    However, if the Department has found that the grantee serving a 
geographic area has failed to perform satisfactorily, that geographic 
area will be placed in competition, UNLESS the grantee is serving a 
geographic area over which it has legal jurisdiction.
(1) Criteria for Determining Waivers
    The Department will consider the following factors when determining 
waivers from competition:
    (a) Program performance measures.
    (b) The responsibility review criteria contained in 20 CFR 667.170.
    (c) The factors related to ability to administer funds in 20 CFR 
668.220 and 668.230.

[[Page 885]]

    The process for determining waivers from competition is independent 
of the responsibility review and ability to administer funds processes 
and a deficiency need not rise to the level necessary to support a 
finding of ``not responsible'' or ``not able to administer'' in order 
to be considered relevant to the waiver determination. Every applicant 
for assistance, including those receiving priority and those receiving 
waivers of competition, must undergo a separate determination of its 
responsibility under 20 CFR 667.170 and its ability to administer funds 
under 20 CFR 668.220 and 668.230. Grantees that are determined to be 
``not responsible'' as determined by the responsibility review process 
will not be selected as potential grantees irrespective of the 
designation processes included in this SGA.
    For incumbent organizations that failed to qualify for a waiver of 
competition, the Grant Officer reserves the right to examine the 
applicant's responsibility pursuant to 20 CFR 667.170 as part of the 
initial review of grant applications in order to carry out a more 
efficient selection process. Incumbent organizations that are found 
nonresponsible or unable to administer funds, including those receiving 
priority, will not qualify for designation.
(2) Waivers for Federally Recognized Tribes Serving Areas and/or 
Populations Over Which They Have Legal Jurisdiction
    The determination regarding whether to deny a waiver required some 
adjustment with respect to Federally recognized Indian tribes or Alaska 
Native entities serving geographic areas over which they have legal 
jurisdiction and a priority for designation under 20 CFR 668.210(a). In 
these situations, the Department determined that it will provide a 
waiver to such grantees since the Section 166 regulations provide a 
priority for designation for Federally recognized Indian tribes and 
Alaska Native entities (or consortia that include such a tribe or 
Alaska Native entity) regarding geographic areas and/or populations 
over which they have legal jurisdiction. The Waiver is limited to those 
geographic areas over which the tribal grantee has legal jurisdiction 
as defined by 20 CFR 668.210(a). Those geographic areas which the 
grantee serves but lacks legal jurisdiction are subject to competition.
    The Department will address the poor performance of Federally 
recognized Indian tribes and Alaska Native entities through separate 
administrative processes. Such processes may include conditional 
designation or corrective action plans that require tribes and Alaska 
Native entities to improve performance. Failure to improve performance 
may result in a tribal and Alaska Native entity losing its designation 
as a WIA grantee.
(3) Description of Attachments
    (a) Attachment A provides a list of current grantees receiving 
competition waivers (including those tribes and Alaska Native entities 
that will receive conditional designations).
    (b) Attachment B is a list of Public Law 102-477 grantees receiving 
waivers.
    (c) Attachment C lists grantees that did not receive a waiver and 
areas/counties open for competition and associated funding amounts. If 
a federally recognized tribe did not receive a waiver from competition, 
only the service area in which the tribe does not have legal 
jurisdiction is listed in Attachment C.

C. Procedures After Designation

    Being designated as a Section 166 service provider, either under a 
waiver or through competition will not automatically result in an 
immediate award of grant funds. Entities that successfully complete the 
designation process, including winning any competition(s) for service 
area(s) that may occur as defined in this SGA, must prepare a two-year 
Comprehensive Services Program (CSP) Plan that must be approved by DOL. 
Instructions for preparation of the CSP Plan will be issued to all 
designated service providers under separate guidance.
    After a section 166 designee's CSP Plan is approved by the 
Department, a grant agreement (``Notice of Obligation'' or NOO) must be 
executed in accordance with 20 CFR 668.292. Each NOO will reflect the 
amount of Section 166 funds awarded as determined in accordance with 20 
CFR 668.296 and 668.440.

II. Award Information

    Type of assistance instrument: Funds will be awarded under this 
solicitation through two-year grants. Exact award amounts will be 
determined by the Department after designation of service areas and 
service providers, and once funding appropriations for the grant 
periods have been made by Congress.
    The section 166 program is a ``formula funded'' program that 
receives an annual appropriation of approximately $54,000,000. For PY 
2007, this amount was distributed throughout the U.S. to 180 grantees. 
The amounts awarded under the CSP (Adult) program in PY 2007 ranged 
from $15,641 to $5,970,187. The median grant award amount for PY 2007 
was $160,426. PY 2007 CSP (adult) award amounts for all section 166 
grantees can be found at: http://wdr.doleta.gov/directives/attach/TEGL/
TEGL24-06_Att1.pdf.
    Adult funding: The amount of funding a grantee will receive for 
adult services is based on a formula specified at 20 CFR 668.296(b). 
The CSP (Adult) Funding Formula is as follows:
     One-quarter of the funds will be allocated based on the 
percentage of unemployed Native Americans living in the grantee's 
designated INA service area (as defined below) compared to the total 
number of unemployed Native Americans living in the U.S.
     Three-quarters of the funds will be allocated based on the 
percentage of Native Americans living in poverty in the grantee's 
designated INA service area compared to the total number of Native 
Americans living in poverty in the U.S.
    A grantee's designated INA service area is the area identified by 
the DOL Grant Officer in the grant award in which the grant applicant 
will operate an employment and training program (usually a county or 
reservation area). Grant applicants must specify the geographic area(s) 
they wish to serve in their grant application. ETA uses counties and 
tribal reservations, Alaska Native villages, and Alaska Native regional 
corporations to identify areas of service. ETA used data from the 2000 
Census to determine the number of Native Americans in poverty and 
unemployed for each service area. Attachment C identifies the service 
areas in competition for PY 2008-2009, along with the number of Native 
Americans in each geographic area who are unemployed, in poverty, or in 
the youth age bracket and the estimated funding associated with each 
service area.
    Youth funding: Grant applicants serving reservation areas and 
grantees serving any area in the State of Oklahoma also receive 
Supplemental Youth Services (SYS) program funds. Youth funds are 
appropriated annually as stated in WIA at Sec.  127(b)(1)(C)(i). Annual 
appropriations for the SYS program have been between $14,000,000 and 
$15,000,000, and have been awarded to approximately 136 Native American 
grantees. The amounts awarded under the SYS program in 2007 ranged from 
$1,916 to $3,109,199. The median grant award amount for PY 2007 was 
$36,249. Youth award amounts for all Section 166 grantees can be found 
at: http://wdr.doleta.gov/directives/attach/TEGL/TEGL24-06_Att2.pdf.

[[Page 886]]

    The amount of youth funding a grantee will receive is based on a 
formula specified at 20 CFR 668.440. The SYS Funding Formula is as 
follows: SYS funding will be allocated to grantees serving reservations 
(or areas in the State of Oklahoma) based on the percentage of Native 
American Youth between the ages of 14 and 21 living in poverty in the 
grantee's designated INA service area compared to the number of Native 
American youth between the ages of 14 and 21 living in poverty on all 
reservation areas and the State of Oklahoma.
    Award amounts available for areas in competition: Estimated funds 
to be awarded for those areas in competition are included in Attachment 
C.

III. Eligibility Information

A. Eligible Applicants

    To be eligible for an award of funds under WIA Sec.  166 and this 
solicitation, an entity must meet all eligibility requirements of WIA 
Sec.  166 and 20 CFR 668.200, as well as the application and 
designation requirements found at 20 CFR part 668, subpart B. The 
Federal regulations are available at: http://www.doleta.gov/dinap/pdf/
wiafinalregsall.pdf. Potential applicants are expected to thoroughly 
review and comply with the statute and regulations.
    Organizations that are eligible to apply for WIA Sec.  166 funds 
under this solicitation are:
     Federally recognized Indian Tribes.
     Tribal organizations as defined in 25 U.S.C. 450b.
     Alaskan Native-controlled organizations representing 
regional or village areas, as defined in the Alaska Native Claims 
Settlement Act.
     Native Hawaiian-controlled entities.
     Native American-controlled organizations serving Indians, 
including community and faith-based organizations (see definition of 
Native American-controlled organizations described below).
     State-recognized tribal organizations serving individuals 
who were eligible to participate under JTPA Sec.  401, as of August 6, 
1998.
     Consortia of eligible entities which individually meet the 
legal requirements for a consortium (see definition of a consortium 
described below). Additionally, to be eligible, entities must have a 
legal status as a government, an agency of a government, a private 
nonprofit corporation (e.g., incorporated under IRS Sec.  501(c)(3), or 
a consortium as defined below. Applicants seeking to provide services 
in a geographic service area for the first time must satisfy the 
funding threshold identified below.
    Definition of Native American-Controlled Organization: A Native 
American-controlled organization is defined as any organization for 
which more than 50 percent of the governing board members are Indians 
or Native Americans. Such an organization can be a tribal government, 
Native Alaska entity, Native Hawaiian entity, consortium, or public or 
private nonprofit agency. For the purpose of this award application, 
the governing board must have decision-making authority for the WIA 
Sec.  166 program.
    Eligible consortium: Each member of a consortium must individually 
meet the requirement of an eligible applicant, as defined in 20 CFR 
668.200 (c), (that is, be a Federally recognized tribe, or tribal 
organization, or Alaska Native-controlled organization, etc.) and at 
least one of the consortia members must have a legal status as a 
government, an agency of a government or a private nonprofit 
corporation. Additionally, the consortium must meet the following 
conditions:
     Have members in close proximity to one another but not 
necessarily in the same State;
     Have an administrative unit legally authorized to run the 
program and to commit the other members to contracts, grants, and other 
legally binding agreements; and
     Be jointly and individually responsible for the actions 
and obligations of the consortium, including debts.
    Funding Thresholds: To be eligible for funding, a new (non-
incumbent) entity must request one or more geographic service areas in 
competition that contain an eligible population of sufficient size to 
result in a funding level of at least $100,000 under the combined adult 
and youth funding formulas. See Sec.  668.200(a)(3). Current section 
166 grantees that do not meet the $100,000 threshold are exempt from 
this requirement. Federally-recognized tribes currently receiving, or 
applying for WIA Sec.  166 funds under Public Law 102-477 only need to 
meet a $20,000 threshold, as long as the combined funding under Public 
Law 102-477 is at least $100,000. Attachment C provides funding 
estimates for the geographic areas in competition.

B. Cost Sharing or Matching

    The Section 166 program does not require grantees to share costs or 
provide matching funds.

C. Other Eligibility Criteria

    In accordance with 29 CFR Part 98, entities that are debarred or 
suspended shall be excluded from Federal financial assistance and are 
ineligible to receive a section 166 grant.
    Additionally, the applicant must have the ability to administer 
section 166 funds. The ability to administer section 166 funds is 
determined in accordance with 20 CFR 668.220 and 668.230.
    Limitations on those served under a WIA Sec.  166 grant are 
identified in Part IV (E) of this SGA, ``Funding Restrictions.''
    Applicants should be aware that there are specific program 
regulations and OMB circulars that grantees must adhere to upon 
receiving a section 166 grant. See Part IV (B) of this SGA below.

IV. Application and Submission Information

A. Address to Request Application Package

    This SGA contains all of the information needed to apply for grant 
funding.

B. Content and Form of Application Submission

    Information that must be submitted under this SGA will depend on 
the applicant's status with DOL/ETA. For the purposes of this SGA, 
grant applicants are divided into four categories, each of which is 
addressed separately below: (1) Current grantees receiving a waiver 
from competition for their service area (see listing in Attachment A); 
(2) current grantees operating a WIA Sec.  166 grant under Public Law 
102-477 (see listing in Attachment B); (3) current grantees not 
receiving waivers from competition (see listing in Attachment C); and 
(4) new applicants for areas in competition.
(1). Current Grantees Receiving a Waiver From Competition
    Current grantees receiving a waiver of competition, as listed in 
Attachment A of this SGA, only need to submit the following documents:
     A brief cover letter informing ETA of the organization's 
interest in applying for WIA Sec.  166 funds, signed by an authorized 
signatory official.
     A Standard Form (SF) 424 (Version 02) which can be 
obtained at http://www.doleta.gov/dinap/cfml/WhatsNew.cfm (See 
information regarding the completion of the SF-424 below.)
    If a current grantee with a competition waiver for an existing 
service area wishes to apply for additional geographic service areas, 
the additional service area(s) must be stated in item 14 of 
the SF-424 and the procedures in Section V of this SGA must be followed 
to apply for grant funding for the additional area(s). A current 
grantee

[[Page 887]]

that has received a waiver from competition does not jeopardize its 
existing service area by applying for additional service areas nor does 
it receive any preference for the additional area.
(2). Federally-Recognized Tribes Applying for Section 166 Funds Under 
Public Law 102-477
    Public Law 102-477 authorizes WIA Sec.  166 funds to be awarded to 
Federally-recognized tribes under a ``consolidation'' plan administered 
through the U.S. DOI. Public Law 102-477 allows Federally-recognized 
tribes to consolidate formula-funded employment and training related 
funds under a single, consolidated plan. Grantees operating a WIA Sec.  
166 grant under Public Law 102-477, as listed in Attachment B of this 
SGA, only need to submit the following documents:
     A brief cover letter informing ETA of the organization's 
interest in applying for WIA Sec.  166 funds, signed by an authorized 
signatory official.
     A Standard Form (SF) 424 (Version 02) which can be 
obtained at http://www.doleta.gov/dinap/cfml/WhatsNew.cfm (See 
information regarding the completion of the SF-424 below).
    These documents indicate their intent to continue receiving section 
166 funds. Tribes wishing to apply for WIA Sec.  166 funds under Public 
Law 102-477 should not apply under this solicitation. Instead, tribes 
must submit a 477 plan to the U.S. DOI.
    New tribal applicants should be aware that in order for ETA to 
timely obligate funds under Public Law 102-477, a tribe's 477 plan must 
be received by the DOI no later than April 1, 2008, and approved no 
later than June 30, 2008. For further information on applying for WIA 
Sec.  166 funds under Public Law 102-477, please contact Dawn Anderson 
at (202) 693-3745
(3). Current Grantees Not Receiving a Waiver From Competition
    Current grantees not receiving a waiver from competition, as listed 
in Attachment C of this SGA, only need to submit the following 
documents to initially express interest in continuing to serve the 
geographic service area placed in competition:
     A brief cover letter informing ETA of the organization's 
interest in applying for WIA Sec.  166 funds, signed by an authorized 
signatory official.
     A Standard Form (SF) 424 (Version 02) which can be 
obtained at: http://www.doleta.gov/dinap/cfml/WhatsNew.cfm (See 
information regarding the completion of the SF 424 below.)
    While these are the only documents initially required, grantees not 
receiving a waiver should be aware that other entities may apply for 
their geographic service area(s). In cases where a new applicant (or 
applicants) applies for a current grantee's service area, the Grant 
Officer will notify the applicant--no later than 15 days after the SGA 
deadline date--that there is competition for the grantee's service 
area. Upon such notification, the applicant will be given 30 days from 
the date of the notification to submit a competitive grant proposal 
that responds to the evaluation criteria described in Part V(A) and 
that complies with requirements for new applicants under Part IV(B)(3) 
below (except that current grantees need not provide identification or 
proof of legal status, unless it has changed since the entity's current 
grant award). Current grantees not receiving a waiver may want to 
prepare a competitive grant proposal in preparation of a possible 
notice of competition as some portions of the proposal (such as letters 
of support) may take longer than the 30 days to prepare.
    If there is no competition for a service area currently served by a 
grantee that did not receive a waiver, the Grant Officer, in 
consultation with INAP and consistent with 20 CFR 668.210, 668.250, and 
668.280, will make a decision to continue funding to the current 
grantee, or to designate the service area to another WIA Sec.  166 
grantee that is willing to serve the area, or to transfer funding into 
the formula to be distributed among all WIA Sec.  166 grantees.
    (4). New applicants for areas in competition. New applicants must 
submit a complete grant proposal that addresses each of the evaluation 
criteria indicated in Part V(A) of this SGA. The proposal may not 
exceed twenty (20) double-spaced, single-sided, 8.5 inch x 11 inch 
pages with 12 point text font and one inch margins. In addition, 
attachments may be included but may not exceed 10 pages. The applicant 
may provide resumes, a list of staff positions to be funded by the 
grant, letters of support, statistical information, and other related 
material. The proposal must include within the 20-page limit:
     A brief cover letter informing ETA of the organization's 
interest in applying for WIA Sec.  166 funds, signed by an authorized 
signatory official.
     A Standard Form (SF) 424 (Version 02) which can be 
obtained at: http://www.doleta.gov/dinap/cfml/WhatsNew.cfm (see 
information regarding the completion of the SF-424 below).
     Identification of the applicant's legal status, including 
articles of incorporation for non-profit organizations or consortium 
agreement (if applicable).
     A specific description of the geographic area (i.e., 
county or reservation) being applied for. Only areas placed in 
competition and identified in Attachment C of this SGA can be applied 
for. New applicants should identify the area(s) they wish to serve in 
item 14 of the SF-424. Applicants may include service areas in 
an attachment to the SF-424 if additional space is needed.
    Completing the Standard Form (SF) 424 (Version 02):
    The SF-424 is available for downloading at: http://www.doleta.gov/
dinap/cfml/WhatsNew.cfm. The SF-424 must clearly identify the applicant 
and be signed by an individual with authority to enter into a grant 
agreement. Upon confirmation of an award, the individual signing the 
SF-424 on behalf of the applicant shall be considered the 
representative of the applicant.
    While the SF-424 requires general information about an applicant, 
applicants may not be familiar with some required items, or the 
information may not be readily available. Explanations of these items 
are provided below:
    Item 8(c)--Organization DUNS: All applicants for Federal 
funds are required to have a Dun and Bradstreet (DUNS) number. The DUNS 
number is a nine-digit identification number that uniquely identifies 
business entities. Obtaining a DUNS number is easy and there is no 
charge. To obtain a DUNS number access this Web site: http://
www.dunandbradstreet.com or call 1-866-705-5711. Many organizations 
already have a DUNS number. Applicants should verify that their 
organization does not already have a DUNS number before obtaining a new 
number.
     Item #11--Catalog of Federal Domestic Assistance Number 
(CFDA): The CFDA number for the WIA Sec.  166 program is 17.265. This 
number must be provided in item 11.
     Item #14--Areas Affected by Project: Applicants must 
include the specific geographic areas they wish to serve (i.e., 
counties, reservations, etc.). Current grantees that wish to serve 
their existing service area and are not applying for additional service 
areas only need to indicate ``Existing Service Area'' in this section. 
Current grantees and new applicants requesting service

[[Page 888]]

areas that are open to competition as indicated in Attachment C of this 
SGA must include the State, County, and Reservation service area in 
line item 14. Applicants may include service areas in an attachment to 
the SF-424 if additional space is needed.
     Item #17--Proposed Project Start Date and Ending Date: The 
WIA Sec.  166 program is funded for a two-year period and is based on a 
PY period of July 1 through June 30. The proposed start date under this 
solicitation is July 1, 2008, and the proposed end date is June 30, 
2009.
     Item #18--Estimated Funding: The WIA Sec.  166 program is 
a formula funded program and funding is based on population 
characteristics, geographic service area, and annual congressional 
appropriations. Since WIA Sec.  166 funding awards are calculated by 
the DOL/ETA, it is not necessary for applicants to complete Item 
18. However, current grantees can view their estimated funding 
which has been calculated by the DOL/ETA through 2010, at this Web 
site: http://www.doleta.gov/dinap/cfml/CensusData.cfm. Please note that 
the funding amounts located at the Web sites above are estimates based 
on the Fiscal Year 2004, congressional appropriation. Funding estimates 
for those areas in competition are included in Attachment C.
     Item #19--Is application Subject to Review by State Under 
Executive Order (E.O.) 12372 process? The WIA Sec.  166 program is not 
subject to E.O. 12372.

C. Submission Date, Times, and Addresses

    All applications must be submitted with an original signed 
application, SF-424 (all new applicants must also submit a SF-424A, 
Budget Form) and one (1) ``copy-ready'' version. Do not bind, staple, 
or insert protruding tabs.
    The closing date for receipt of applications under this 
announcement is by 5 p.m. e.t, 30 days after the date of publication, 
February 4, 2008. Applications must be received at the address below no 
later than 5 p.m. e.t. Applications sent by e-mail, telegram, or 
facsimile (fax) will not be accepted. Applications that do not meet the 
conditions set forth in this notice will not be considered. No 
exceptions to the mailing and delivery requirements set forth in this 
notice will be granted.
    Mailed applications must be addressed to the U.S. Department of 
Labor, Employment and Training Administration, Division of Federal 
Assistance, Attention: James Stockton, Grant Officer, Reference SGA/
DFA-PY-05-05, 200 Constitution Avenue, NW., Room N-4716, Washington, DC 
20210. Applicants are advised that mail delivery in the Washington area 
may be delayed due to mail decontamination procedures. Hand delivered 
proposals will be received at the above address. All overnight mail 
will be considered to be hand-delivered and must be received at the 
designated place by the specified closing date and time. Proposals 
submitted on diskette or CD is not encouraged as decontamination 
procedures may cause damage.
    Late Applications: Any application received after the exact date 
and time specified for receipt at the office designated in this notice 
will not be considered, unless it is received before awards are made 
and it
    (1) Was sent by U.S. Postal Service registered or certified mail 
not later than the fifth calendar day before the date specified for 
receipt of applications (e.g., an application received after the 
deadline, but having a U.S. postmark showing an early submittal will 
not be considered late if received before awards are made), or
    (2) Was sent by U.S. Postal Service Express Mail to the addressee 
not later than 5 p.m. (e.t.) at the place of mailing one working day 
prior to the date specified for receipt of applications. ``Post 
marked'' means a printed, stamped, or otherwise placed impression 
(exclusive of a postage meter machine impression) that is readily 
identifiable, without further action, as having been supplied or 
affixed on the date of mailing by an employee of the U.S. Postal 
Service. Therefore, applicants should request the postal clerk to place 
a legible hand cancellation ``bull's eye'' postmark on both the receipt 
and the package. Failure to adhere to the above instructions will be a 
basis for a determination of non-responsiveness.

    Note: Except as specifically provided in this Notice, DOL/ETA's 
acceptance of a proposal and an award of Federal funds to sponsor 
any program(s) does not provide a waiver of any grant requirements 
and/or procedures. For example, OMB Circulars require that an 
entity's procurement procedures must ensure that all procurement 
transactions are conducted, as much as practical, to provide open 
and free competition. If a proposal identifies a specific entity to 
provide services, the DOL/ETA's award does not provide the 
justification or basis to sole source the procurement, i.e., avoid 
competition, unless the activity is regarded as the primary work of 
an official partner to the application.

    Important: Organizations seeking WIA Sec.  166 funding for this 
period must comply with the provisions of this SGA. Late applications 
from current grantees or new applicants will not be considered for 
those geographic service areas that are in competition (as listed in 
Attachment C).

D. Intergovernmental Review

    This funding opportunity is not subject to E.O. 12372 
``Intergovernmental Review of Federal Programs.''

E. Funding Restrictions

    Allowable costs: Determinations of allowable costs will be made in 
accordance with the applicable Federal cost principles, e.g., for 
tribes, OMB Circular A-87, for nonprofit organizations, OMB Circular A-
122. See 20 CFR 668.810 and 668.840 (incorporating WIA cost rules at 20 
CFR 667.200 to 667.220). Disallowed costs are those charges to a grant 
that the grantor agency or its representative determines not to be 
allowable in accordance with the applicable Federal Cost Principles or 
other conditions contained in the grant. The WIA Sec.  166 program 
limits administrative costs to 15 percent but may be negotiated up to 
20 percent upon approval from the grantor agency. There are no specific 
limits on indirect costs; however, since most indirect costs are 
considered administrative costs, the amount of indirect cost collected, 
regardless of the approved rate, may be limited by the overall 
administrative cost limit. WIA funds must not be spent on construction 
or purchase of facilities or buildings except in specific circumstances 
specified at Sec.  667.260.
    Limitation on the type of individuals served: The regulations at 20 
CFR 668.300(a) limit eligibility for WIA Sec.  166 program services to 
Indians as determined by a policy of the Native American grantee. The 
grantee's definition must at least include anyone who is a member of a 
Federally-recognized tribe, or an Alaska Natives, or a Native Hawaiian. 
Those receiving services must also, under Sec.  668.300(b), be either 
low income, unemployed, underemployed as defined in 20 CFR 668.150, a 
recipient of a bona fide layoff notice which has taken effect in the 
last six months or will take effect in the following six month period, 
or employed persons in need of employment and training services to 
achieve self-sufficiency. Grantees must ensure that all eligible 
population members have equitable access to employment and training 
services. See 20 CFR 668.650(a). Priority of services must be given to 
veterans and spouses of certain veterans in accordance with the 
provisions of the ``Jobs for Veterans Act,'' Public Law 107-288. Since 
all individuals served by the section 166

[[Page 889]]

program must be an Indian, Native American, Alaska Native, or Native 
Hawaiian, so must the veterans receiving priority under the ``Jobs for 
Veterans Act'' be Indian, Native American, Alaska Native, or Native 
Hawaiian.

V. Application Review Information

A. Evaluation Criteria

    The factors listed below will be considered in evaluating the 
applicants' approach to providing services and their ability to produce 
the best outcomes for covered individuals residing in the service area.

B. Review and Selection Process

------------------------------------------------------------------------
                                 Evaluation criteria             Points
------------------------------------------------------------------------
(1)(a)...............  Previous experience or demonstrated            20
                        capabilities in successfully
                        operating an employment and training
                        program established for and serving
                        Indians and Native Americans.
(b)..................  Previous experience in operating or            10
                        coordinating with other human
                        resources development programs
                        serving Indians and Native Americans.
                        Applicant should describe other
                        successful Federal, State, or private
                        foundation grants that the applicant
                        has operated in the last two years.
(c)..................  Demonstration of coordination and              10
                        linkages with Indian and non-Indian
                        employment and training resources
                        within the community.
(2)(a)...............  Description of the entity's planning           10
                        process.
(b)..................  Demonstration of involvement with the          10
                        INA community.
(c)..................  Approach to providing services,                10
                        including identification of the
                        training and employment problems and
                        needs in the requested area, and
                        approach to addressing such needs.
(3)(a)...............  Demonstration of involvement with              10
                        local employers and efforts that have
                        been made to link unemployed Native
                        Americans with employers. Applicant
                        should also describe involvement with
                        local Workforce Investment Boards, or
                        if applicable, youth programs, and/or
                        councils.
(b)..................  Applicants should describe efforts             10
                        that have been made to coordinate
                        their human resource services
                        described under Criteria (1)(b) with
                        State Operated One-Step delivery
                        systems.
(4)..................  Demonstration of support and                   10
                        recognition by the Native American
                        Community and service population,
                        including local tribes and adjacent
                        Indian organizations and the client
                        populations to be served.
                       Maximum Available Points..............        100
------------------------------------------------------------------------

    Overall Review Process: The Grant Officer will conduct an initial 
review of grant applications for compliance with the statute, 
regulations, and this SGA. The initial review will consider, among 
other things, timeliness and completeness of submission, applicant 
eligibility, eligibility of the requested service area, population 
size, and funding thresholds as described in Part III (A) of this SGA. 
The review will also consider the applicant's ability to administer 
funds as specified at 20 CFR 668.220 and 668.230. Applications that do 
not satisfy these conditions will not be considered.
    For incumbent organizations that failed to qualify for a waiver of 
competition, the Grant Officer reserves the right to examine the 
applicant's responsibility pursuant to 20 CFR 667.170, as part of the 
initial review of grant applications in order to carry out a more 
efficient selection process. Incumbent organizations that are found 
nonresponsible or unable to administer funds, will not qualify for 
designation.
    Designation Priority: If two or more applicants satisfy the initial 
review described above, the Grant Officer will determine whether 
designation priority exists. In nonreservation areas placed in 
competition, consistent with 20 CFR 668.210(c), priority for 
designation will be given to entities with a Native American-controlled 
governing body and which are representative of the Native American 
communities that they are applying to serve.
    Competitive Selection Procedures: Where two or more applicants 
satisfy the initial review described above and where equal or no 
priority for designation exists, then a competitive selection will be 
made for geographic areas identified in Attachment C using the 
procedures in this section. When competitive selection is necessary, 
INAP will notify each applicant of the competing NOI no later than 15 
days after the application deadline date. Upon notification of 
competition, current grantees will be given 30 days from the date of 
notification to submit a complete proposal, as specified in Part IV 
(B)(3).
    Where a competitive evaluation is required, the Grant Officer will 
use a formal panel review process to score proposals and any supporting 
attachments against the evaluation criteria listed in Part V(A). The 
review panel will include individuals with knowledge of or expertise in 
programs dealing with Indians and Native Americans. The purpose of the 
panel is to review and evaluate an organization's potential, based on 
its application, to provide services to a specific Native American 
community, and submit recommendations to the Grant Officer.
    It is the Department's policy that no information affecting the 
panel review process will be solicited or accepted after the deadlines 
for receipt of applications set forth in this SGA. All submitted 
information must be in writing. This policy does not preclude the Grant 
Officer from requesting, or considering, additional information 
independent of the panel review process. During the review, the panel 
will not give weight to undocumented assertions. Any information must 
be supported by adequate and verifiable documentation, e.g., supporting 
references must contain the name of the contact person, an address, and 
telephone number. Panel ratings and recommendations are advisory to the 
Grant Officer.
    Determination of Designation-Scoring: The Grant Officer will make 
the final determination of section 166 designees and of the geographic 
service area for which each designation is made. The Grant Officer will 
select the entity that demonstrates the ability to produce the best 
outcomes for its customers, based on all available evidence and in 
consideration of any designation priorities as described in above. In 
addition to considering the review panel's rating in those instances in 
which a panel is convened, the Grant Officer may consider any other 
available information regarding the applicants' financial and 
administrative capability, operational capability, and responsibility 
in order to make funding determinations that are advantageous to the 
government.
    The Grant Officer need not designate an entity for every geographic 
area. See 20 CFR 668.294. If there are service areas in competition for 
which no entity submitted a complete application or for

[[Page 890]]

which no entity achieved a score of at least 70, the Grant Officer may 
either designate no service provider or may designate an entity based 
on demonstrated capability to provide the best services to the client 
population. The Department reserves the rights to select applicants 
with scores lower than 70 or lower than competing applications if such 
selection would, in the Department's judgment, result in the most 
effective and appropriate combination of services to the client 
population, funding, and costs.
    An applicant that does not receive WIA Sec.  166 funding, in whole 
or in part, as a result of this process, will be afforded the 
opportunity to appeal the Grant Officer's decision as provided at 20 
CFR 668.270.

C. Anticipated Announcement and Award Dates

    Designation decisions will be made by March 1, 2008.

VI. Award Administration Information

A. Award Notices

    The Grant Officer, Mr. James Stockton, will notify applicants of 
the results of their application as follows:
    Designation Award Letter: The designation award letter signed by 
the Grant Officer will serve as official notice that the applicant has 
been awarded WIA Sec.  166 funding. The designation award letter will 
include the geographic service area for which the designation is made.
    Nondesignation Award Letter: Any organization not receiving a 
designated award, in whole or in part, for a requested geographic 
service area that is in competition (as identified in Attachment C) 
will be notified formally of the nonaward designation.
    Notification by a person or entity, other than the Grant Officer 
that an applicant has been awarded WIA Sec.  166 funds is not valid.

B. Administrative and National Policy Requirements

    Applicants that are awarded WIA Sec.  166 funds and become a 
Grantee of ETA must comply with the provisions of WIA and its 
regulations. Particular attention should be given to 20 CFR Part 668, 
which focuses specifically on programs for Indians and Native Americans 
under WIA. In addition, all grants will be subject to the following 
administrative standards and provisions, as applicable to the 
particular grantee:
     20 CFR part 667--Administrative provisions under Title I 
of WIA.
     29 CFR part 2, subpart D--Equal Treatment in Department of 
Labor Programs for Religious Organizations; Protection of Religious 
Liberty of Department of Labor Social Service Providers and 
Beneficiaries.
     29 CFR parts 30, 31, 32, 33, 35 and 36--Equal Employment 
Opportunity in Apprenticeship and Training; Nondiscrimination in 
Federally Assisted Programs of the Department of Labor--Effectuation of 
Title VI of the Civil Rights Act of 1964; Nondiscrimination on the 
Basis of Handicap in Programs or Activities Conducted by the Department 
of Labor; Nondiscrimination on the Basis of Age in Programs or 
Activities Receiving Federal Financial Assistance from the Department 
of Labor; and Nondiscrimination on the Basis of Sex in Education 
Programs Receiving or Benefiting from Federal Financial Assistance.
     29 CFR part 37--Implementation of the Nondiscrimination 
and Equal Opportunity Provisions of the Workforce Investment Act of 
1998.
     29 CFR part 93--Lobbying.
     29 CFR part 95--Uniform Administrative Requirements for 
Grants and Agreements with Institutions of Higher Education, Hospitals, 
and Other Non-Profit Organizations, and with Commercial Organizations.
     29 CFR part 96--Federal Standards for Audit of Federally 
Funded Grants, Contracts, and Agreements.
     29 CFR part 97 Uniform Administrative Requirements for 
Grants and Cooperative Agreements to State and Local Governments.
     29 CFR part 98--Government-wide Debarment and Suspension 
(Non-Procurement) and Government-wide Requirements for Drug-Free 
Workplace (Grants).
     29 CFR part 99--Audit of States, Local Governments, and 
Non-Profit Organizations.
    In accordance with WIA Sec.  195(6) and 20 CFR 668.630(f), programs 
funded under this SGA may not involve political activities. 
Additionally, in accordance with section 18 of the Lobbying Disclosure 
Act of 1995, Public Law 104-65 (2 U.S.C. 1611), nonprofit entities 
incorporated under Sec.  501(c)(4) that engage in lobbying activities 
are not eligible to receive Federal funds and grants. Further, this 
program is subject to the provisions of the ``Jobs for Veterans Act,'' 
Public Law 107-288, which provides priority of service to veterans and 
spouses of certain veterans for the receipt of employment, training, 
and placement services in any job training program directly funded, in 
whole or in part, by DOL. Please note that, to obtain priority of 
service, a veteran must meet the program's eligibility requirements. 
ETA Training and Employment Guidance Letter (TEGL) No. 5-03 (September 
16, 2003) provides guidance on the scope of the veterans priority 
statute and its effect on current employment training programs.

C. Reporting

    Applicants that are awarded WIA Sec.  166 funds and become grantees 
of ETA will be required to submit reports on financial expenditures, 
program participation, and participant outcomes on no more than a 
quarterly basis and in accordance with ETA-specified formats, 
deadlines, and other requirements. Grantee performance will be 
evaluated on an annual basis.

VII. Agency Contacts

    Questions regarding this SGA can be directed to: Serena Boyd, 
Grants Management Specialist, e-mail: boyd.serena@dol.gov; (202) 693-
3338; Fax: (202) 693-2879.

VIII. Other Information

    Potential applicants may obtain further information on the WIA 
Sec.  166 program for employment and training of Native Americans 
through the Web site for DOL's Indian and Native American Programs: 
http://www.doleta.gov/ dinap/. Any information submitted in response to 
this SGA will be subject to the provisions of the Privacy Act and the 
Freedom of Information Act, as appropriate. The Department is not 
obligated to make any awards as a result of this SGA, and only the 
Grant Officer can bind the Department to the provision of funds under 
WIA Sec.  166. Unless specifically provided in the grant agreement, the 
Department's acceptance of a proposal and/or award of Federal funds 
does not waive any grant requirements and/or procedures.
OMB Information Collection No. 1205-0458 Expires September 30, 2009.
    According to the Paperwork Reduction Act of 1995, no persons are 
required to respond to a collection of information unless such 
collection displays a valid OMB control number. Public reporting burden 
for this collection of information is estimated to average 20 hours per 
response, including time for reviewing instructions, searching existing 
data sources, gathering and maintaining the data needed, and completing 
and reviewing the collection of information. Send comments regarding 
the burden estimated or any other aspect of this collection of 
information, including suggestions for reducing this burden, to the 
U.S. Department of Labor, the OMB Desk Officer for ETA, Office of 
Management and Budget, Room 10235,

[[Page 891]]

Washington, DC 20503. Please do not return your completed application 
to the OMB. Send it to the sponsoring agency as specified in this 
solicitation.
    This information is being collected for the purpose of awarding a 
grant. The information collected through this ``Solicitation for Grant 
Applications'' will be used by the Department of Labor to ensure that 
grants are awarded to the applicant best suited to perform the 
functions of the grant. Submission of this information is required in 
order for the applicant to be considered for award of this grant. 
Unless otherwise specifically noted in this announcement, information 
submitted in the respondent's application is not considered to be 
confidential.

    Signed at Washington, DC, this 28th day of December 2007.
Emily Stover DeRocco,
Assistant Secretary, Employment and Training Administration.

Attachment A--Current Grantees Receiving Waivers

Attachment B--Public Law 102-477 Grantees Receiving Waivers

Attachment C--Current Grantees Not Receiving Waivers and Associated 
Geographic Areas

            Attachment A.--Current Grantees Receiving Waivers
------------------------------------------------------------------------
                State                             Grantee name
------------------------------------------------------------------------
Alabama..............................  Inter-Tribal Council of Alabama,
                                        Inc.
Alabama..............................  Poarch Band of Creek Indians.
Alaska...............................  Kenaitze Indian Tribe.
Alaska...............................  Maniilaq Association.
Arizona..............................  Affiliation of Arizona Indian
                                        Centers, Inc.
Arizona..............................  American Indian Association of
                                        Tucson.
Arizona..............................  Colorado River Indian Tribes.
Arizona..............................  Gila River Indian Community.
Arizona..............................  Hopi Tribal Council.
Arizona..............................  Hualapai Tribe.
Arizona..............................  Inter-Tribal Council of Arizona,
                                        Inc.
Arizona..............................  Native Americans for Community
                                        Action, Inc.
Arizona..............................  Pascua Yaqui Tribe.
Arizona..............................  Phoenix Indian Center, Inc.
Arizona..............................  Quechan Indian Tribe.
Arizona..............................  Salt River Pima-Maricopa Indian
                                        Community.
Arizona..............................  San Carlos Apache Tribe.
Arizona..............................  White Mountain Apache Tribe.
Arkansas.............................  American Indian Center of
                                        Arkansas, Inc.
California...........................  California Indian Manpower
                                        Consortium, Inc.
California...........................  Candelaria American Indian
                                        Council, Inc.
California...........................  Indian Human Resources Center,
                                        Inc.
California...........................  Northern California Indian
                                        Development Council, Inc.
California...........................  Southern California Indian
                                        Center, Inc.
California...........................  Tule River Tribal Council.
California...........................  United Indian Nations, Inc.
California...........................  Ya-Ka-Ama Indian Education and
                                        Development, Inc.
Colorado.............................  Denver Indian Center, Inc.
Colorado.............................  Southern Ute Indian Tribe.
Colorado.............................  Ute Mountain Ute Tribe.
Delaware.............................  Nanticoke Indian Association,
                                        Inc.
Florida..............................  Florida Governors Council on
                                        Indian Affairs, Inc.
Florida..............................  Miccosukee Tribe of Indians of
                                        Florida.
Hawaii...............................  Alu Like, Inc.
Indiana..............................  American Indian Center of
                                        Indiana, Inc.
Kansas...............................  United Tribes of Kansas and
                                        Southeast Nebraska, Inc.
Louisiana............................  Inter-Tribal Council of
                                        Louisiana, Inc.
Maine................................  Penobscot Indian Nation.
Massachusetts........................  Mashpee-Wampanoag Indian Tribe.
Massachusetts........................  North American Indian Center of
                                        Boston, Inc.
Michigan.............................  Inter-Tribal Council of Michigan,
                                        Inc.
Michigan.............................  Michigan Indian Employment and
                                        Training Services, Inc.
Michigan.............................  North American Indian Association
                                        of Detroit, Inc.
Michigan.............................  Pokagon Band of Potawatomi
                                        Indians.
Michigan.............................  Sault Ste. Marie Tribe of
                                        Chippewa Indians.
Michigan.............................  South Eastern Michigan Indians,
                                        Inc.
Minnesota............................  American Indian Opportunities,
                                        Inc.
Minnesota............................  Bois Forte Tribal Council.
Minnesota............................  Fond Du Lac Reservation.
Minnesota............................  Leech Lake Band of Ojibwe.
Minnesota............................  Minneapolis American Indian
                                        Center.
Mississippi..........................  Mississippi Band of Choctaw
                                        Indians.
Missouri.............................  American Indian Council.
Montana..............................  B.C. of The Chippewa Cree Tribe.
Montana..............................  Blackfeet Tribal Business
                                        Council.
Montana..............................  Crow Tribe of Indians.
Montana..............................  Montana United Indian
                                        Association.

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Montana..............................  Northern Cheyenne Tribe.
Nebraska.............................  Indian Center, Inc.
Nebraska.............................  Omaha Tribe of Nebraska.
Nevada...............................  Inter-Tribal Council of Nevada,
                                        Inc.
Nevada...............................  Las Vegas Indian Center, Inc.
New Mexico...........................  Alamo Navajo School Board.
New Mexico...........................  Eight Northern Indian Pueblo
                                        Council.
New Mexico...........................  Five Sandoval Indian Pueblos,
                                        Inc.
New Mexico...........................  Jicarilla Apache Tribe.
New Mexico...........................  Mescalero Apache Tribe.
New Mexico...........................  National Indian Youth Council.
New Mexico...........................  Pueblo of Acoma.
New Mexico...........................  Pueblo of Isleta.
New Mexico...........................  Pueblo of Taos.
New Mexico...........................  Ramah Navajo School Board, Inc.
New Mexico...........................  Santa Clara Indian Pueblo.
New Mexico...........................  Santo Domingo Tribe.
New York.............................  American Indian Community House,
                                        Inc.
New York.............................  Native American Community
                                        Services of Erie and Niagara
                                        Counties.
New York.............................  Native American Cultural Center,
                                        Inc.
New York.............................  St. Regis Mohawk Tribe.
North Carolina.......................  Cumberland County Association for
                                        Indian People, Inc.
North Carolina.......................  Eastern Band of Cherokee Indians.
North Carolina.......................  Guilford Native American
                                        Association.
North Carolina.......................  Haliwa-Saponi Tribe, Inc.
North Carolina.......................  Lumbee Regional Development
                                        Association, Inc.
North Carolina.......................  Metrolina Native American
                                        Association.
North Carolina.......................  North Carolina Commission on
                                        Indian Affairs.
North Dakota.........................  Standing Rock Sioux Tribe.
North Dakota.........................  Turtle Mountain Band of Chippewa
                                        Indians.
North Dakota.........................  United Tribes Technical College.
Ohio.................................  North American Indian Cultural
                                        Center, Inc.
Oklahoma.............................  Absentee Shawnee Tribe.
Oklahoma.............................  Cheyenne Arapaho Tribes of
                                        Oklahoma.
Oklahoma.............................