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]
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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 https://
www.usitc.gov. The public record for
this investigation may be viewed on the
Commission’s electronic docket (EDIS)
at https://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.
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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]
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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
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:
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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: https://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.
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• 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
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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: https://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.
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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
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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
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885
2007 was $160,426. PY 2007 CSP (adult)
award amounts for all section 166
grantees can be found at: https://
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: https://wdr.doleta.gov/
directives/attach/TEGL/TEGL24–
06_Att2.pdf.
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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: https://
• 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.
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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.
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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 https://
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
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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 https://
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
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(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: https://
www.doleta.gov/dinap/cfml/
WhatsNew.cfm (See information
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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: https://
www.doleta.gov/dinap/cfml/
WhatsNew.cfm (see information
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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: https://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: https://
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
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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: https://
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.,
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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
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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
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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.
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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
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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
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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
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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
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16:42 Jan 03, 2008
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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
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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: https://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,
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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.
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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.
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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
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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 .....................................................................................................................................
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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
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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:
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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:
https://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
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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]
=======================================================================
-----------------------------------------------------------------------
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: https://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: https://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: https://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: https://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: https://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 https://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 https://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: https://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: https://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: https://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: https://
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: https://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:
https://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.
[[Page 892]]
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.............................