Applications for New Awards; Office of Indian Education Formula Grants to Local Educational Agencies, 3976-3981 [2023-01171]

Agencies

• DEPARTMENT OF EDUCATION

[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Notices]
[Pages 3976-3981]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01171]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Office of Indian Education Formula 
Grants to Local Educational Agencies

AGENCY: Office of Elementary and Secondary Education, Department of 
Education.

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for new awards for fiscal year (FY) 2023 for 
Office of Indian Education (OIE) Formula Grants to Local Educational 
Agencies, Assistance Listing Number 84.060A. This notice relates to the 
approved information collection under OMB control number 1810-0021.

DATES: 
    Part I of Electronic Application System for Indian Education 
(EASIE) Applications Available: February 6, 2023.
    Deadline for Transmittal of EASIE Part I: March 10, 2023.
    Part II of EASIE Applications Available: April 3, 2023.
    Deadline for Transmittal of EASIE Part II: May 12, 2023.

FOR FURTHER INFORMATION CONTACT: For questions about the Formula Grants 
program, contact Crystal C. Moore, U.S. Department of Education, 400 
Maryland Avenue SW, MS 6335, Washington, DC 20202-6335. Telephone: 
(202) 453-5593. Email: [email protected].
    For technical questions about the EASIE application and uploading 
documentation, contact the Partner Support Center (PSC). Telephone: 
877-457-3336. Email: [email protected].
    If you are deaf, hard of hearing, or have a speech disability and 
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

    Note: Applicants must meet the deadlines for both EASIE Part I and 
Part II to be eligible to receive a grant. Failure to submit the 
required supplemental documentation, described under Content and Form 
of Application Submission in section IV of this notice, by the EASIE 
Part I or II deadline, will result in an incomplete application that 
will not be considered for funding. OIE recommends uploading the 
documentation at least 4 days prior to each deadline date to ensure 
that any potential submission issues are resolved prior to the 
deadlines.

I. Funding Opportunity Description

    Purpose of Program: The OIE Formula Grants to Local Educational 
Agencies (Formula Grants) program provides grants to support local 
educational agencies (LEAs), Indian Tribes and organizations, and other 
eligible entities in developing and implementing elementary and 
secondary school programs that serve Indian students. These funds must 
be used to support comprehensive programs that are designed to meet the 
unique cultural, language, and education needs of American Indian and 
Alaska Native (AI/AN) students and ensure that all students meet 
challenging State academic standards. The information gathered from the 
project's final annual performance report (APR) will be utilized to 
complete OIE's required annual reporting. Specifically, that report 
covers the Secretary's established performance measures for assessing 
the effectiveness and efficiency of the Formula Grants program as 
detailed in this notice.
    Integration of Services Authorized: As authorized under section 
6116 of the Elementary and Secondary Education Act of 1965, as amended 
(ESEA), the Secretary will, upon receipt of an acceptable plan for the 
integration of education and related services, and in cooperation with 
other relevant Federal agencies, authorize the entity receiving the 
funds under this program to consolidate all Federal funds that are to 
be used exclusively for Indian students. Instructions for submitting an

[[Page 3977]]

integration of education and related services plan are included in 
EASIE, which is described under Application and Submission Information 
in section IV of this notice.
    Note: Under the Formula Grants program, all applicants are required 
to develop proposed projects in open consultation, including through 
public hearings held to provide a full opportunity to understand the 
program and to offer recommendations regarding the program (section 
6114(c)(3)(C) of the ESEA), with parents and teachers of Indian 
children, representatives of Indian Tribes on Indian lands located 
within 50 miles of any school that the LEA will serve if such Tribes 
have any children in such school, Indian organizations (IOs), and, if 
appropriate, Indian students from secondary schools. LEA applicants are 
required to develop proposed projects with the participation and 
written approval of an Indian Parent Committee whose membership 
includes parents and family members of Indian children in the LEA's 
schools; representatives of Indian Tribes on Indian lands located 
within 50 miles of any school that the LEA will serve if such Tribes 
have any children in such school; teachers in the schools; and, if 
appropriate, Indian students attending secondary schools of the LEA 
(ESEA section 6114(c)(4)). The majority of the Indian Parent Committee 
members must be parents and family members of Indian children (ESEA 
section 6114(c)(4)(B)).
    Definitions: The following definition is from ESEA section 
6112(d)(3):
    Indian community-based organization (ICBO) means any organization 
that (1) is composed primarily of Indian parents, family members, and 
community members, Tribal government education officials, and Tribal 
members, from a specific community; (2) assists in the social, 
cultural, and educational development of Indians in such community; (3) 
meets the unique cultural, language, and academic needs of Indian 
students; and (4) demonstrates organizational and administrative 
capacity to manage the grant.
    Statutory Hiring Preference: Awards are subject to the provisions 
of section 7(b) of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5307(b)). To the greatest extent feasible, a 
grantee is required to--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to Indian organizations and to Indian-owned economic 
enterprises, as defined in section 3 of the Indian Financing Act of 
1974 (25 U.S.C. 1452(e)), preference in the award of contracts in 
connection with the administration of the grant.
    For purposes of this requirement, an Indian is a member of any 
federally recognized Indian Tribe (25 U.S.C. 1452(b)).
    Program Authority: 20 U.S.C. 7421, et seq.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 81, 82, 84, 97, 98, 
and 99. (b) The Office of Management and Budget Guidelines to Agencies 
on Governmentwide Debarment and Suspension (Non-procurement) in 2 CFR 
part 180, as adopted and amended as regulations of the Department in 2 
CFR part 3485. (c) The Uniform Administrative Requirements, Cost 
Principles, and Audit Requirements for Federal Awards in 2 CFR part 
200, as adopted and amended as regulations of the Department in 2 CFR 
part 3474.

II. Award Information

    Type of Award: Formula grants.
    Estimated Available Funds: $110,381,000.
    Estimated Range of Awards: $4,000 to $2,653,404.
    Estimated Average Size of Awards: $86,000.
    Estimated Number of Awards: 1,300.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: 12 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible under 
this program: certain LEAs, as prescribed by ESEA section 6112(b), 
including charter schools authorized as LEAs under State law; certain 
schools funded by the Bureau of Indian Education of the U.S. Department 
of the Interior (BIE), as prescribed by ESEA section 6113(d); Indian 
Tribes and IOs under certain conditions, as prescribed by ESEA section 
6112(c); and ICBOs, as prescribed by ESEA section 6112(d). Consortia of 
two or more eligible entities are also eligible under certain 
circumstances, as prescribed by ESEA section 6112(a)(4).
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: ESEA Section 6114(c)(1) requires an LEA 
to use these grant funds only to supplement the funds that, in the 
absence of these Federal funds, such agency would make available for 
services described in this application, and not to supplant such funds.
    c. Indirect Cost Rate Information: This program uses a restricted 
indirect cost rate. For more information regarding restricted indirect 
costs, or to obtain a negotiated restricted indirect cost rate, please 
see: www2.ed.gov/about/offices/list/ocfo/intro.html.
    d. Administrative Cost Limitation: No more than five percent of 
funds awarded for a grant under this program may be used for 
administrative costs. This five-percent limit does not include indirect 
costs.

IV. Application and Submission Information

    1. How to Request an Application Package: You can obtain an entity-
specific link for the electronic application for grants under this 
program by contacting the PSC listed under FOR FURTHER INFORMATION 
CONTACT.
    On request to the program contact person [persons] listed under FOR 
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain 
this document and a copy of the application package in an accessible 
format. The Department will provide the requestor with an accessible 
format that may include Rich Text Format (RTF) or text format (txt), a 
thumb drive, an MP3 file, braille, large print, audiotape, or compact 
disc, or other accessible format.
    2. Content and Form of Application Submission: (a) Requirements 
concerning the content of an application, together with the forms you 
must submit and technical assistance resources, are located on the 
EASIE Communities of Practice website at https://easie.communities.ed.gov/.
    Note: OIE and PSC will provide comprehensive documentation to 
support applicants and grantees with accessing, navigating, and 
entering data and submitting their responses into the Office of 
Management and Budget (OMB) MAX Survey. Prior to the opening of EASIE 
Part I, this documentation will be announced and posted on the EASIE 
Communities of Practice website at: https://easie.communities.ed.gov/.
    User accounts were replaced with an entity-specific link (also 
known as a token) to access the EASIE application in the OMB MAX 
Survey. Only individuals that are registered as the current Point of 
Contact (POC), Project Director (PD), or Authorized Official 
Representative (AOR) will receive the entity-specific link to access 
the application for EASIE Part I and II. The AOR can continue to 
delegate the responsibility of completing the EASIE application in the 
new OMB MAX Survey to other entity contacts by

[[Page 3978]]

sharing their entity-specific link internally. The AOR is ultimately 
responsible for reviewing and certifying the application. Please 
contact the PSC with any questions related to this change.
    (b) Supplementary Documentation: The EASIE application requires 
submission of the following supplementary documentation in electronic 
Portable Document Format (PDF):
    (1) In EASIE Part I, applicants that are Tribes, IOs, or ICBOs must 
submit the appropriate ``Applying in Lieu of the LEA'' agreement form 
with their application to verify their eligibility no later than March 
10, 2023 (which is the closing date of EASIE Part I). Each separate 
eligibility document is identified by applicant type as either Tribe 
Applying in Lieu of an LEA Agreement; IO Agreement; or ICBO Agreement. 
These are available on the EASIE Communities of Practice website 
(https://easie.communities.ed.gov/) as downloadable documents. The 
details of the verification process, which are necessary to meet the 
statutory eligibility requirements for Tribes, IOs, and ICBOs, are in 
the application package.
    (2) In EASIE Part I, an applicant that is the lead applicant for a 
consortium must use the consortium agreement form that is available on 
the Getting Started page in the EASIE Portal as a downloadable document 
and upload it to EASIE no later than March 10, 2023 (which is the 
closing date of EASIE Part I).
    (3) In EASIE Part II, for an applicant that is an LEA or a 
consortium of LEAs, the EASIE application requires the electronic PDF 
submission of the Indian Parent Committee Approval form no later than 
May 12, 2023 (which is the deadline for transmittal of EASIE Part II). 
Applicants are encouraged to begin planning parent committee meetings 
early to ensure parent committee requirements are met before EASIE Part 
II closes. The form is available on the EASIE Communities of Practice 
website at https://easie.communities.ed.gov/.
    3. Submission Dates and Times:
    Part I of the Formula Grant EASIE Applications Available: February 
6, 2023.
    Deadline for Transmittal of EASIE Part I: March 10, 2023, 11:59 
p.m., Eastern Time.
    Part II of the Formula Grant EASIE Applications Available: April 3, 
2023.
    Deadline for Transmittal of EASIE Part II: May 12, 2023, 11:59 
p.m., Eastern Time.
    Submit applications for grants under this program electronically 
using EASIE located in the OIE-provided portal. For information 
(including dates and times) about how to submit your application, 
please refer to Other Submission Requirements in section IV of this 
notice.
    OIE will only consider an application that is compliant with 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT. If the 
Department provides an accommodation or auxiliary aid to an individual 
with a disability in connection with the application process, the 
individual's application remains subject to all other requirements and 
limitations in this notice.
    4. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    5. Unique Entity Identification (UEI) Number, Taxpayer 
Identification Number, and System for Award Management: To do business 
with the Department, you must--
    a. Have a Unique Entity Identification (UEI) number and a Taxpayer 
Identification Number (TIN);
    b. Register both your UEI number and TIN with the System for Award 
Management (SAM), the Government's primary registrant database;
    c. Provide your UEI number and TIN on your SAM application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.
    You can obtain a UEI number from Sam.gov at the following website: 
https://sam.gov/. A UEI number can be created within one to two 
business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow 2 to 5 weeks for your TIN to become active.
    The SAM registration process can take approximately 7 business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter in the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your UEI number and TIN. We 
strongly recommend that you register early.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your UEI number is correct. Also note that you will need to update your 
registration annually. This may take 3 or more business days.
    Information about SAM is available at https://sam.gov/. To further 
assist you with obtaining and registering your UEI number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find here: https://www2.ed.gov/about/offices/list/ofo/docs/unique-entity-identifier-transition-fact-sheet.pdf.
    6. Other Submission Requirements:
    a. Electronic Submission of Applications.
    EASIE is an electronic application within OMB MAX Survey that users 
access via an entity-specific link. It is divided into two parts--EASIE 
Part I and EASIE Part II.
    EASIE Part I, student count, provides the appropriate data entry 
screens to submit verified, aggregated, Indian student count totals 
based on either the Indian School Equalization Program (ISEP) count or 
the Indian Student Eligibility Certification Form (ED 506 Form). All 
applicants must submit a current Indian student count for FY 2023. 
Applicants must use the ED 506 Form to document eligible Indian 
students; however, BIE schools may use either the ISEP count or the ED 
506 Form count to verify their Indian student counts. Applicants must 
protect the privacy of all individual data collected and only report 
aggregated data to the Secretary.
    Applicants that verify their Indian student count with the ED 506 
Form must document their Indian student counts by completing the 
following: (1) each year, the applicant must verify there is a valid ED 
506 Form for each Indian child included in the count; (2) all ED 506 
Forms included in the count must be completed, signed, and dated by the 
parent or legal guardian, and be on file with the applicant; (3) the 
applicant must maintain a copy of the student enrollment roster(s) 
covering the same period of time indicated in the application as the 
count period; and (4) each Indian child included in the count must be 
listed on the LEA's enrollment roster(s) and in attendance for at least 
1 day during the count period.
    BIE schools that enter an ISEP count to verify their Indian student 
count

[[Page 3979]]

must use the most current Indian student count certified by the BIE.
    Once an Indian child is determined to be eligible to be counted for 
such grant award, the applicant must maintain a record of such 
determination and must not require a new or duplicate determination or 
form to be made for such child for a subsequent application for a grant 
under this program.
    Applicants must indicate the time span for the project objectives 
and corresponding activities and services for AI/AN students. 
Applicants can choose to set objectives that remain the same for up to 
4 years to facilitate data collection and enhance long-term planning.
    In EASIE Part II, all applicants are required to--
    (1) Select the type of program being submitted as either regular 
formula grant project, formula grant project consolidated with a Title 
I schoolwide program, or integration of services under ESEA section 
6116;
    (2) Select the grade levels offered by the LEA or BIE school;
    (3) Identify, from a list of possible Department grant programs 
(e.g., ESEA Title I), the programs in the LEA that are currently 
coordinated with an OIE formula grant project, or with which the school 
district plans to coordinate during the project year, in accordance 
with ESEA section 6114(c)(5), and describe the comprehensive program 
for AIAN students with those grant programs;
    (4) Describe the professional development opportunities that will 
be provided as part of a comprehensive program to ensure that teachers 
and other school professionals who are new to the Indian community are 
prepared to work with Indian children, and that all teachers who will 
be involved in programs assisted by this grant have been properly 
trained to carry out such programs, as required by ESEA section 
6114(b)(5);
    (5) Provide information on how the State assessment data of all 
Indian students (not just those served) are used and how such 
information will be disseminated to the Indian community, Indian Parent 
Committee, and Indian Tribes whose children are served by the LEA. Also 
describe how assessment data from the previous school year (SY) were 
used, as required by ESEA section 6114(b)(6);
    (6) Indicate when the public hearing was held for SY 2023-24, as 
required by ESEA section 6114(c)(3)(C);
    (7) For an applicant that is an LEA, BIE school, or a consortium of 
LEAs or BIE schools, describe the process the applicant used to 
meaningfully collaborate with Indian Tribes located in the community in 
a timely, active, and ongoing manner in the development of the 
comprehensive program and the actions taken as a result of such 
collaboration (ESEA section 6114(b)(7));
    (8) Identify specific project objectives that will further the goal 
of providing culturally responsive education for AIAN students to meet 
their academic needs and help them meet State achievement standards 
(ESEA section 6115(b));
    (9) For an LEA that selects a schoolwide application, identify how 
the use of such funds in a schoolwide program will produce benefits to 
Indian students that would not be achieved if the funds were not used 
in a schoolwide program (ESEA section 6115(c)(3));
    (10) Submit a program budget and justification based on the 
estimated grant amount that the EASIE system calculates from the Indian 
student count submitted in EASIE Part I. After the initial grant 
amounts are determined, additional funds may become available due to 
such circumstances as withdrawn applications or a reduction in another 
applicant's student count. An applicant whose award amount increases or 
decreases more than $5,000 must submit a revised budget prior to 
receiving its grant award but will not need to re-certify its 
application. If an applicant's award amount increases or decreases by 
less than $5,000, a budget update is not required. For an applicant 
that receives an increased award amount following submission of its 
original budget, the applicant must allocate the increased amount only 
to previously approved budget categories;
    (11) As required by section 427 of the General Education Provisions 
Act (GEPA), describe the steps the applicant proposes to take to ensure 
equitable access to, and participation in, the project or activity to 
be conducted with such assistance, by addressing the special needs of 
students, teachers, and other program beneficiaries in order to 
overcome barriers to equitable participation, including barriers based 
on gender, race, color, national origin, disability, and age; and
    (12) If needed, provide additional comments to assist OIE in the 
review of the application.
    Registration for Formula Grant EASIE: Current, former, and new 
applicants interested in submitting a Formula Grants application must 
register for EASIE. Prior to the opening of EASIE Part I, PSC will send 
a broadcast to prior year grantees and new prospective applicants that 
have contacted PSC and registered for EASIE. All recipients who receive 
PSC's broadcast will be asked to complete their intent to apply for the 
upcoming application period in the EASIE Portal. All prospective 
applicants will be provided the opportunity to confirm if any updates 
to their registration information are necessary, and/or if they would 
like to completely decline registration. Entities that do not have an 
active registration or are new applicants should contact the PSC listed 
under FOR FURTHER INFORMATION CONTACT to register any time before the 
EASIE Part I application deadline date. Registration does not serve as 
the entity's grant application. For assistance registering, contact the 
PSC listed under FOR FURTHER INFORMATION CONTACT.
    Certification for Formula Grant EASIE: The applicant's AOR must be 
a senior-level official (e.g., Superintendent, Tribal Chief, or 
similar) of the entity and legally authorized by the applicant 
organization to approve the application. The AOR must certify EASIE 
Part I and Part II by the deadline date. Each applicant should identify 
at least three system users, one for each of the following: Project 
Director, Authorized Official Representative, and another party (such 
as a Budget Director) designated to answer questions in the event the 
project director is unavailable. The certification process ensures that 
the information in the application is true, reliable, and valid. An 
applicant that provides a false statement in the application is subject 
to penalties under the False Claims Act, 18 U.S.C. 1001.
    b. Submission of Paper Applications by Mail.
    We discourage paper applications, but if electronic submission is 
not possible (e.g., you do not have access to the internet), you must 
provide a written statement that you intend to submit a paper 
application. Send this written statement no later than Tuesday, January 
31, 2023.
    If you mail your written statement to the Department, it must be 
postmarked no later than 2 weeks before the application deadline date 
of EASIE Part I. If you fax your written statement to the Department, 
we must receive the faxed statement no later than 2 weeks before the 
application deadline date of EASIE Part I. If you email the written 
statement, it must be sent no later than 2 weeks before the application 
deadline date to the person listed under FOR FURTHER INFORMATION 
CONTACT.
    Address and mail or fax your statement to: Crystal C. Moore, U.S. 
Department of Education, Office of Indian Education, 400 Maryland 
Avenue SW, MS 6335 Washington, DC 20202-6335. FAX: (202) 205-0606.

[[Page 3980]]

    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.
    You must mail the original and two copies of your application, on 
or before the application deadline dates for both EASIE Part I and Part 
II, to the Department at the following address: U.S. Department of 
Education, Office of Indian Education, Attention: Crystal Moore, 400 
Maryland Avenue SW, MS 6335, Washington, DC 20202-6335.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.
    We will not consider applications postmarked after the application 
deadline date for EASIE Part I or Part II.
    c. Submission of Paper Applications by Hand Delivery.
    If you are submitting a paper application, you (or a courier 
service) may deliver your paper application to the Department by hand. 
You must deliver the original and two copies of your application by 
hand, on or before the application deadline dates for both EASIE Part I 
and Part II, to the Department at the following address: U.S. 
Department of Education, Office of Indian Education, Attention: Crystal 
Moore, 400 Maryland Avenue SW, MS 6335, Washington, DC 20202-6335.
    The program office accepts hand deliveries daily between 8:00 a.m. 
and 4:30 p.m., Eastern Time, except Saturdays, Sundays, and Federal 
holidays.
    Note for Mail or Hand Delivery of Paper Applications: If you mail 
or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by the 
Department--in Item 11 of the SF 424 the Assistance Listing Number, 
including suffix letter, of this program--84.060A; and
    (2) The program office will mail you a notification of receipt of 
your grant application. If you do not receive this notification within 
15 business days from the application deadline date, you should contact 
the program office at (202)453-5593.

V. Grant Administration Information

    1. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.206, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
200.208, the Secretary may impose specific conditions and, under 2 CFR 
3474.10, in appropriate circumstances, high-risk conditions on a grant 
if the applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice.
    We reference the regulations outlining the terms and conditions of 
a grant in the Applicable Regulations section of this notice and 
include these and other specific conditions in the Grant Award 
Notification (GAN). The GAN also incorporates your approved application 
as part of your binding commitments under the grant.
    3. Reporting: (a) If you apply for a grant under this program, you 
must ensure that you have in place the necessary processes and systems 
to comply with the reporting requirements in 2 CFR part 170 should you 
receive funding. This does not apply if you have an exception under 2 
CFR 170.110(b).
    (b) You must submit a final annual performance report (APR) using 
EASIE via the OMB MAX Survey entity-specific link, including financial 
information, as directed by the Secretary, within 120 days after the 
close of the grant year. Grantees will be able to access the APR via 
the EASIE portal link provided to registered entities prior to the 
system being open to users. Grantees will receive an email from the PSC 
identifying the date that the APR will be available to grantees and the 
deadline for its transmission.
    4. Performance Measures: For the purposes of Department reporting 
under 34 CFR 75.110, the Secretary has established the following key 
performance measures for assessing the effectiveness and efficiency of 
the Formula Grants program: (1) the percentage of AIAN students in 
grades four and eight who score at or above the basic level in reading 
on the National Assessment of Educational Progress (NAEP); (2) the 
percentage of AIAN students in grades four and eight who score at or 
above the basic level in mathematics on the NAEP; (3) the percentage of 
AIAN students in grades three through eight meeting State achievement 
standards by scoring at or above the proficient level in reading and 
mathematics on State assessments; (4) the difference between the 
percentage of AIAN students in grades three through eight at or above 
the proficient level in reading and mathematics on State assessments 
and the percentage of all students scoring at those levels; (5) the 
percentage of AIAN students who graduate from high school as measured 
by the 4-year adjusted cohort graduation rate; (6) the percentage of 
grantees providing culturally responsive activities; and (7) the 
percentage of funds used by grantees prior to award closeout.
    Note: In any year in which NAEP or State assessment data are 
systematically unavailable, reporting of such data will not be required 
and will not be used for purposes of performance measures.
    5. Integrity and Performance System: If you receive an award under 
this grant program that over the course of the project period may 
exceed the simplified acquisition threshold (currently $250,000), under 
2 CFR 200.206(a)(2) we must make a judgment about your integrity, 
business ethics, and record of performance under Federal awards--that 
is, the risk posed by you as an applicant--before we make an award. In 
doing so, we must consider any information about you that is in the 
integrity and performance system (currently referred to as the Federal 
Awardee Performance and Integrity Information System (FAPIIS)), 
accessible through SAM. You may review and comment on any information 
about yourself that a Federal agency previously entered and that is 
currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the requirements in 2 CFR part 
200, Appendix XII, require you to report certain integrity information 
to FAPIIS semiannually. Please review the requirements in 2 CFR part 
200, Appendix XII, if this grant plus all the other Federal funds you 
receive exceed $10,000,000.

[[Page 3981]]

VI. Other Information

    Accessible Format: On request to the PSC listed under FOR FURTHER 
INFORMATION CONTACT, individuals with disabilities can obtain this 
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The Department will provide the requestor with an accessible format 
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drive, an MP3 file, braille, large print, audiotape, or compact disc, 
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    Electronic Access to This Document: The official version of this 
document is published in the Federal Register. You may access the 
official edition of the Federal Register and the Code of Federal 
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document, as well as other documents of this Department published in 
the Federal Register, in text or PDF. To use PDF, you must have Adobe 
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    You may also access documents of the Department published in the 
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by the Department.

James F. Lane,
Senior Advisor, Office of the Secretary delegated the authority to 
perform the functions and duties of the Assistant Secretary for 
Elementary and Secondary Education.
[FR Doc. 2023-01171 Filed 1-20-23; 8:45 am]
BILLING CODE 4000-01-P