Notice for Public Comment on Administration for Native Americans' Program Policies and Procedures, 11798-11800 [2024-03160]
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11798
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules
than one author. The works may be
registered as works made for hire if they
are identified in the application as such.
(4) All the works must be published
within a thirty-day period, and the
application must identify the date of
publication for each work.
(5) The applicant must complete and
submit the online application
designated for a group of twodimensional artwork. The application
may be submitted by any of the parties
listed in § 202.3(c)(1).
(6) The applicant must submit one
complete copy of each work. The works
must be assembled in an orderly form
with each work contained in a separate
electronic file. The file name for each
work must match the title as submitted
on the application. All of the works
must be submitted in one of the
electronic formats approved by the
Office, and they must be uploaded to
the electronic registration system. The
file size for each uploaded file must not
exceed 500 megabytes; the files may be
compressed to comply with this
requirement.
(7) In an exceptional case, the
Copyright Office may waive the online
filing requirement set forth in paragraph
(l)(5) of this section or may grant special
relief from the deposit requirement
under § 202.20(d) of this chapter,
subject to such conditions as the
Associate Register of Copyrights and
Director of the Office of Registration
Policy and Practice may impose on the
applicant.
*
*
*
*
*
§ 202.6
[Amended]
5. In § 202.6, amend paragraph (e)(2)
by removing ‘‘or a group of works
published on the same album registered
under § 202.4(k),’’ and adding in its
place ‘‘a group of works published on
the same album registered under
§ 202.4(k), or a group of twodimensional artwork under § 202.4(l),’’.
■
Dated: February 9, 2024.
Suzanne Wilson,
General Counsel and Associate Register of
Copyrights.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
45 CFR Part 1336
[Assistance Listing Numbers: 93.581,
93.587, 93.612]
Notice for Public Comment on
Administration for Native Americans’
Program Policies and Procedures
Administration for Native
Americans, Administration for Children
and Families, Department of Health and
Human Services.
ACTION: Request for public comment.
AGENCY:
Pursuant to section 814 of the
Native American Programs Act of 1974
(NAPA), as amended, the
Administration for Native Americans
(ANA) is required to provide members
of the public an opportunity to
comment on proposed changes in
interpretive rules and general
statements of policy and to give notice
of the proposed changes no less than 30
days before such changes become
effective. In accordance with notice
requirements of NAPA, ANA herein
describes proposed interpretive rules
and general statements of policy that
relate to ANA’s Notices of Funding
Opportunities (NOFOs) in fiscal year
(FY) 2024. Changes to FY NOFOs will
be based on the previously published
programs: Environmental Regulatory
Enhancement (ERE), HHS–2021–ACF–
ANA–NR–1907; Native American
Language Preservation and
Maintenance-Esther Martinez
Immersion (EMI), HHS–2021–ACF–
ANA–NB–1958; Native American
Language Preservation and Maintenance
(P&M), HHS–2021–ACF–ANA–NL–
1924; Social and Economic
Development Strategies (SEDS), HHS–
2021–ACF–ANA–NA–1906; Social and
Economic Development StrategiesAlaska (SEDS–AK), HHS–2021–ACF–
ANA–NK–1902.
DATES: Comments are due by March 18,
2024. If ANA does not receive any
significant comments within the 30-day
comment period, ANA will proceed
with the proposed changes in the
respective published NOFOs. The
NOFOs will serve as the final notice of
these proposed changes.
ADDRESSES: Comments may be
submitted to: Carmelia Strickland,
Director of Program Operations,
Administration for Native Americans,
330 C Street, SW, Washington, DC
20201 or via email to: ANAComments@
acf.hhs.gov.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Carmelia Strickland, Director, Division
of Program Operations, Administration
for Native Americans, 330 C Street SW,
Washington, DC 20201; Telephone:
(877) 922–9262; Email:
ANAComments@acf.hhs.gov.
SUPPLEMENTARY INFORMATION: Section
814 of NAPA, as amended (42 U.S.C.
2992b–1), incorporates provisions of the
Administrative Procedure Act that
require ANA to provide notice of its
proposed interpretive rules and
statements of policy and to seek public
comment on such proposals. This notice
serves to fulfill the statutory notice and
public comment requirement. ANA
voluntarily includes rules of practice
and procedures in this notice to be
transparent. The proposed interpretive
rules, statements of policy, and rules of
ANA practice and procedure reflected
in clarifications, modifications, and new
text will appear in the five FY 2024
NOFOs: SEDS—HHS–2024–ACF–ANA–
NK–0050; SEDS–AK—HHS–2024–ACF–
ANA–NA–0051; ERE—HHS–2024–
ACF–ANA–NR–0061; P&M—HHS–
2024–ACF–ANA–NL–0059; EMI—HHS–
2024–ACF–ANA–NB–0054.
A. Interpretive rules, statements of
policy, procedures, and practice. The
proposals in this section reflect ANA’s
proposed changes in rules, policy, or
procedure that will take effect in the FY
2024 NOFOs.
1. Fully-Funding Awards
ANA regulations state that awards
will ‘‘generally . . . be made available
for a one-year budget period and
subsequent non-competing continuation
awards with the same project period
will also be for one year’’. 45 CFR
1336.32 (emphasis added). In
accordance with the regulation, ANA
awards are currently awarded in 12month increments and recipients with
multi-year awards must submit a noncompetitive continuation application to
receive funding for the next budget
period. In addition, if a recipient is
unable to complete all activities within
a budget period, they must request
approval of a carryover budget
amendment to use the funds from a
previous budget period. In FY 2024,
ANA will fully fund all competitive
awards for the programs SEDS, ERE,
P&M, and SEDS for Alaska for up to 36
months. This will promote selfgovernance and self-determination of
tribes, Alaska Natives, and other Native
American organizations; reduce the
administrative burden of recipients by
not requiring annual non-competing
continuation applications for multi-year
projects; and reduce the need for post-
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award amendments such as carryover
budget requests. In addition, this will
reduce administrative burden for ANA
and Office of Grants Management staff
and allow more time to support
recipients. ANA will consider amending
its regulations to fully fund competitive
awards instead of incrementally fund
awards in future award cycles.
Applicants should be aware that fully
funding awards in FY 2024 for the
entire project period will result in fewer
awards in this cycle. However, the
number of non-competing continuations
in future years will decline, leaving
more annual appropriations funding
available for new, fully funded awards.
The EMI program’s authorizing statute
allows for a 5-year or 60-month project
period. ANA will fully fund EMI
projects for the first 36 months with a
36-month budget period. EMI awards
with a project period of 48 or 60-months
will need to submit a non-competing
continuation application for the
remaining budget period(s), if
applicable. This will mitigate financial
risk and allow ANA to fund more
projects with annual appropriations.
2. Modify Policy for ANA
Disqualification Factor for ‘‘Assurance
of Representation on Board of
Directors’’, Also Known as ‘‘Assurance’’
ANA has a long-standing requirement
that all applicants, other than tribes and
Alaska Native village governments,
include documentation in the
application that identifies Board
members by name and their affiliation
to the communities that ANA serves.
This policy ensures that organizations
applying for an ANA award have a
majority of the members on its
governing board that have a personal
affiliation or relationship to federally or
state recognized tribes, have a cultural
relationship with a Native community,
or are considered Native American as
defined by ANA regulations and Native
American Pacific Islanders. Without this
assurance, an application is disqualified
from competing. ANA will modify this
policy by exempting state recognized
tribes from the Assurance
disqualification factor. In addition, the
current policy requires applicants from
public agencies serving Native people
from Guam, American Samoa, or the
Commonwealth of the Northern Mariana
Islands to submit the Assurance
documentation. The revised policy will
exempt public government agencies
within the Pacific territories from this
disqualification factor. Schools and
universities that are governed by a board
independent from their respective
territorial governments remain subject
to the Assurance requirements. Over the
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years, ANA has disqualified
applications from state-recognized tribes
and public governmental agencies in the
territories because they did not include
the Assurance documentation in the
application. The policy modification
will no longer require state-recognized
tribes and public governmental agencies
in Guam, American Samoa, and the
Commonwealth of the Northern Mariana
Islands to submit the Assurance
documentation requirement. ANA’s
intent is to disqualify fewer
applications. Disqualified applications
are considered non-responsive and the
application is not included in the merit
review or funded.
3. Change Reference in ANA Policies
That Reference the Catalog of Federal
Domestic Assistance (CFDA) to
‘‘Assistance Listings’’
The name for the Catalog of Federal
Domestic Assistance (CFDA) changed to
Assistance Listings on www.SAM.gov.
ANA has several long-standing
administrative policies and one
disqualification factor included in all
five NOFOs that include references to
the CFDA. The administrative policies
are known as the ‘‘Limitation on the
Number of Award Under a Single CFDA
Number’’ and ‘‘Limitation on the
Number of Awards Based on Two
Consecutively Funding Projects’’ with
the same CFDA Number. The
disqualification factor is known as the
‘‘Only One Active Award Per CFDA’’.
An eligible entity can have no more
than one active award per CFDA
number for an ANA program at any
given time. This policy disqualifies any
applicant that has an active ANA award
with the same CFDA number that will
continue beyond the start date of a
possible new award to not apply for a
new award. The policies regarding the
limitation of awards per CFDA number
ensures that ANA funding can reach
other organizations that do not have an
ANA award. The CFDA-related policies
help to preserve resources and
maximize the reach of ANA’s limited
funding by precluding the review of
applications that would be ineligible for
funding based on ANA’s administrative
policies. The policies are not changing;
however, due to the government’s name
change of the CFDA to Assistance
Listings, ANA is updating the related
policy names in the NOFOs.
4. SEDS NOFO Specific Changes
ANA intends to fully fund awards
upfront starting in FY24 and adjust the
annual awards ceiling from $400,000 to
$300,000 resulting, for example, total
funding of $900,000 per grantee for a
project period of 36 months. This
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change will allow ANA to fund
additional projects with its annual
appropriations, support management of
fully funded projects, make funding
more equitable across ANA’s programs
and positively impact more Native
communities and organizations.
Since 2020, the SEDS NOFO set out
bonus points in the evaluation criteria
for projects that address Native
American community priority areas
such as veterans, emergency
preparedness, and Missing and
Murdered Indigenous People. Since
2021, the SEDS NOFO provided bonus
points in the evaluation criteria for
certain types of economic development
projects that were mandated by the
Indian Community Economic
Enhancement Act of 2020. In this NOFO
ANA intends to continue to fund
projects that promote social and
economic development; however, the
SEDS NOFO will no longer include
bonus points. This change will allow all
types of proposed community-based
projects in the SEDS competition to
receive equal consideration while also
allowing applicants to choose their own
priorities that best meet the needs of
their community.
SEDS–AK NOFO Specific Changes
Since 2020, the SEDS–AK NOFO
allowed reviewers to add bonus points
in the evaluation criteria for
applications that documented that the
applicant organization has never
received a past award from ANA. Since
2021, the SEDS–AK NOFO provided
bonus points in the evaluation criteria
for certain types of economic
development projects that were
mandated by the Indian Community
Economic Enhancement Act of 2020. In
this NOFO ANA intends to continue to
fund projects that promote social and
economic development; however, the
SEDS–AK NOFO will no longer include
bonus points. This change will allow all
proposed community-based projects in
the SEDS–AK competition to receive
equal consideration while also allowing
applicants to choose their own priorities
that best meet the needs of their
community.
5. Changes to Required Application
Elements
ANA has received applicant feedback
for many years that the NOFOs are
burdensome, too long, and difficult to
understand. For FY24, HHS announced
a Simpler NOFO pilot project to make
NOFOs easier to understand and
navigate as part of its efforts to increase
equity and inclusion for underserved
and marginalized communities. All five
ANA NOFOs were selected to
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Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules
participate in the Simpler NOFO
project. Therefore, the application
requirements and evaluation criteria
will change in FY24 to lessen the
burden and make it easier to read,
understand, and write an application.
The ANA Project Framework, used in
NOFOs from FY 2018–2023, will no
longer be used, although some elements
will remain. The required elements for
an ANA application across all five
NOFOs that will be evaluated will
include: Project Narrative (for 75 points)
to include the Current Community
Condition (5 points), Project Goal (7
points), Objectives (8 points), Project
Strategy and Implementation Plan (15
points), Community Based Strategy (12
points), Population to be Served (7
points), Outcomes (6 points), Objective
Work Plan (15 points). The
Organizational Capacity (total of 15
points) includes a Staffing Plan (5
points), Data Management Plan (3
points), Partnerships and Consultants (2
points), and Oversight Plan (5 points).
The Line-Item Budget and Budget
Narrative will be combined for a total of
10 points. A total of 100 points will be
available for each NOFO. As mentioned
earlier, no bonus points will be
provided for any NOFO.
6. Reduction in Application Page Limits
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ANA’s previous application total page
limit was 150 pages, excluding Standard
Forms such as the SF–424, SF–424A,
and other OMB-approved forms
including ANA’s Objective Work Plan.
Applicant feedback informed ANA that
150 pages is too much. While ANA
limits rather than requires 150 pages,
applicants sometimes feel that it is a
requirement to provide 150 pages to
have a competitive application.
Therefore, ANA will reduce the total
page limit from 150 to 100 pages to
reduce the burden to apply for ANA
funding. To accommodate the lower
page limit, business plans will no longer
be required at the time of application
submission. However, if a proposed
project is subject to a business plan,
ANA staff will request an applicant to
provide a business plan during the
Internal Review of Proposed Projects
process of finalizing and negotiating
grant awards.
Statutory Authority: Sections 803 and 814
of the Native American Programs Act of 1974
(NAPA), as amended (42 U.S.C. 2291b;
2992b–1).
Patrice H. Kunesh,
Commissioner, Administration for Native
Americans.
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 215, 225, and 252
[Docket DARS–2024–0002]
RIN 0750–AL64
Defense Federal Acquisition
Regulation Supplement: Assuring
Integrity of Overseas Fuel Supplies
(DFARS Case 2022–D013)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2022 that requires offerors to
certify that they will not provide fuel
from a prohibited source and that they
will comply with certain export control
and anticorruption regulations and
statutes for contracts awarded for the
acquisition of fuel in support of
overseas contingency operations.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before April
15, 2024, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2022–D013,
using either of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Search for
DFARS Case 2022–D013. Select
‘‘Comment’’ and follow the instructions
to submit a comment. Please include
‘‘DFARS Case 2022–D013’’ on any
attached documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2022–D013 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting.
FOR FURTHER INFORMATION CONTACT: Mr.
Jon Snyder, telephone 703–945–5341.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is proposing to revise the DFARS
to implement section 843 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2022 (Pub.
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L. 117–81). Section 843 requires offerors
to certify that fuel to be provided for a
contract in support of an overseas
contingency operation is not sourced
from a prohibited nation or region and
to furnish such records as are necessary
to verify their compliance with
applicable export control and
anticorruption regulations and statutes.
Section 843 requires contracting
officers, when conducting a source
selection for such contracts, to consider
using tradeoff processes and certain
evaluation factors. If the contracting
officer does not consider a tradeoff
process prior to issuing the solicitation,
the contracting officer is required to
justify in writing why a tradeoff process
was not considered. Section 843 also
requires the contracting officer to
ensure, prior to contract award, that the
offeror is not disqualified based upon an
unsupported denial of access to a
facility or equipment by the host nation.
II. Discussion and Analysis
DoD proposes to add to the DFARS a
new section 225.70WW, Restriction on
acquisition of fuel for overseas
contingency operations. Section
225.70WW provides the scope,
prohibition, and procedures for
contracting officers to use for the
acquisition of fuel that is for overseas
contingency operations and is expected
to exceed the simplified acquisition
threshold. This proposed rule requires
that fuel is not sourced from a nation or
region prohibited from selling
petroleum to the United States. The
proposed rule allows contracting
officers to request records from the
apparent successful offeror to verify
compliance with certain regulations and
statutes when the head of the
contracting activity determines in
writing that it is necessary. In addition,
the proposed rule precludes contracting
officers from disqualifying an offeror
based on an unsupported denial of
access to a facility or equipment by a
host-nation government.
This proposed rule includes a new
section 215.101–71, Tradeoff process
when acquiring fuel for overseas
contingency operations, which requires
contracting officers to consider using a
tradeoff process during a source
selection. When using a tradeoff
process, contracting officers are required
to consider the use of certain evaluation
factors. This proposed rule also
provides procedures for a contracting
officer to justify when a tradeoff process
is not considered.
A new solicitation provision is
proposed at DFARS 252.225–70XX,
Restriction on Acquisition of Fuel for
Overseas Contingency Operations, for
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Agencies
[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Proposed Rules]
[Pages 11798-11800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03160]
=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1336
[Assistance Listing Numbers: 93.581, 93.587, 93.612]
Notice for Public Comment on Administration for Native Americans'
Program Policies and Procedures
AGENCY: Administration for Native Americans, Administration for
Children and Families, Department of Health and Human Services.
ACTION: Request for public comment.
-----------------------------------------------------------------------
SUMMARY: Pursuant to section 814 of the Native American Programs Act of
1974 (NAPA), as amended, the Administration for Native Americans (ANA)
is required to provide members of the public an opportunity to comment
on proposed changes in interpretive rules and general statements of
policy and to give notice of the proposed changes no less than 30 days
before such changes become effective. In accordance with notice
requirements of NAPA, ANA herein describes proposed interpretive rules
and general statements of policy that relate to ANA's Notices of
Funding Opportunities (NOFOs) in fiscal year (FY) 2024. Changes to FY
NOFOs will be based on the previously published programs: Environmental
Regulatory Enhancement (ERE), HHS-2021-ACF-ANA-NR-1907; Native American
Language Preservation and Maintenance-Esther Martinez Immersion (EMI),
HHS-2021-ACF-ANA-NB-1958; Native American Language Preservation and
Maintenance (P&M), HHS-2021-ACF-ANA-NL-1924; Social and Economic
Development Strategies (SEDS), HHS-2021-ACF-ANA-NA-1906; Social and
Economic Development Strategies-Alaska (SEDS-AK), HHS-2021-ACF-ANA-NK-
1902.
DATES: Comments are due by March 18, 2024. If ANA does not receive any
significant comments within the 30-day comment period, ANA will proceed
with the proposed changes in the respective published NOFOs. The NOFOs
will serve as the final notice of these proposed changes.
ADDRESSES: Comments may be submitted to: Carmelia Strickland, Director
of Program Operations, Administration for Native Americans, 330 C
Street, SW, Washington, DC 20201 or via email to:
[email protected].
FOR FURTHER INFORMATION CONTACT: Carmelia Strickland, Director,
Division of Program Operations, Administration for Native Americans,
330 C Street SW, Washington, DC 20201; Telephone: (877) 922-9262;
Email: [email protected].
SUPPLEMENTARY INFORMATION: Section 814 of NAPA, as amended (42 U.S.C.
2992b-1), incorporates provisions of the Administrative Procedure Act
that require ANA to provide notice of its proposed interpretive rules
and statements of policy and to seek public comment on such proposals.
This notice serves to fulfill the statutory notice and public comment
requirement. ANA voluntarily includes rules of practice and procedures
in this notice to be transparent. The proposed interpretive rules,
statements of policy, and rules of ANA practice and procedure reflected
in clarifications, modifications, and new text will appear in the five
FY 2024 NOFOs: SEDS--HHS-2024-ACF-ANA-NK-0050; SEDS-AK--HHS-2024-ACF-
ANA-NA-0051; ERE--HHS-2024-ACF-ANA-NR-0061; P&M--HHS-2024-ACF-ANA-NL-
0059; EMI--HHS-2024-ACF-ANA-NB-0054.
A. Interpretive rules, statements of policy, procedures, and
practice. The proposals in this section reflect ANA's proposed changes
in rules, policy, or procedure that will take effect in the FY 2024
NOFOs.
1. Fully-Funding Awards
ANA regulations state that awards will ``generally . . . be made
available for a one-year budget period and subsequent non-competing
continuation awards with the same project period will also be for one
year''. 45 CFR 1336.32 (emphasis added). In accordance with the
regulation, ANA awards are currently awarded in 12-month increments and
recipients with multi-year awards must submit a non-competitive
continuation application to receive funding for the next budget period.
In addition, if a recipient is unable to complete all activities within
a budget period, they must request approval of a carryover budget
amendment to use the funds from a previous budget period. In FY 2024,
ANA will fully fund all competitive awards for the programs SEDS, ERE,
P&M, and SEDS for Alaska for up to 36 months. This will promote self-
governance and self-determination of tribes, Alaska Natives, and other
Native American organizations; reduce the administrative burden of
recipients by not requiring annual non-competing continuation
applications for multi-year projects; and reduce the need for post-
[[Page 11799]]
award amendments such as carryover budget requests. In addition, this
will reduce administrative burden for ANA and Office of Grants
Management staff and allow more time to support recipients. ANA will
consider amending its regulations to fully fund competitive awards
instead of incrementally fund awards in future award cycles. Applicants
should be aware that fully funding awards in FY 2024 for the entire
project period will result in fewer awards in this cycle. However, the
number of non-competing continuations in future years will decline,
leaving more annual appropriations funding available for new, fully
funded awards.
The EMI program's authorizing statute allows for a 5-year or 60-
month project period. ANA will fully fund EMI projects for the first 36
months with a 36-month budget period. EMI awards with a project period
of 48 or 60-months will need to submit a non-competing continuation
application for the remaining budget period(s), if applicable. This
will mitigate financial risk and allow ANA to fund more projects with
annual appropriations.
2. Modify Policy for ANA Disqualification Factor for ``Assurance of
Representation on Board of Directors'', Also Known as ``Assurance''
ANA has a long-standing requirement that all applicants, other than
tribes and Alaska Native village governments, include documentation in
the application that identifies Board members by name and their
affiliation to the communities that ANA serves. This policy ensures
that organizations applying for an ANA award have a majority of the
members on its governing board that have a personal affiliation or
relationship to federally or state recognized tribes, have a cultural
relationship with a Native community, or are considered Native American
as defined by ANA regulations and Native American Pacific Islanders.
Without this assurance, an application is disqualified from competing.
ANA will modify this policy by exempting state recognized tribes from
the Assurance disqualification factor. In addition, the current policy
requires applicants from public agencies serving Native people from
Guam, American Samoa, or the Commonwealth of the Northern Mariana
Islands to submit the Assurance documentation. The revised policy will
exempt public government agencies within the Pacific territories from
this disqualification factor. Schools and universities that are
governed by a board independent from their respective territorial
governments remain subject to the Assurance requirements. Over the
years, ANA has disqualified applications from state-recognized tribes
and public governmental agencies in the territories because they did
not include the Assurance documentation in the application. The policy
modification will no longer require state-recognized tribes and public
governmental agencies in Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands to submit the Assurance documentation
requirement. ANA's intent is to disqualify fewer applications.
Disqualified applications are considered non-responsive and the
application is not included in the merit review or funded.
3. Change Reference in ANA Policies That Reference the Catalog of
Federal Domestic Assistance (CFDA) to ``Assistance Listings''
The name for the Catalog of Federal Domestic Assistance (CFDA)
changed to Assistance Listings on www.SAM.gov. ANA has several long-
standing administrative policies and one disqualification factor
included in all five NOFOs that include references to the CFDA. The
administrative policies are known as the ``Limitation on the Number of
Award Under a Single CFDA Number'' and ``Limitation on the Number of
Awards Based on Two Consecutively Funding Projects'' with the same CFDA
Number. The disqualification factor is known as the ``Only One Active
Award Per CFDA''. An eligible entity can have no more than one active
award per CFDA number for an ANA program at any given time. This policy
disqualifies any applicant that has an active ANA award with the same
CFDA number that will continue beyond the start date of a possible new
award to not apply for a new award. The policies regarding the
limitation of awards per CFDA number ensures that ANA funding can reach
other organizations that do not have an ANA award. The CFDA-related
policies help to preserve resources and maximize the reach of ANA's
limited funding by precluding the review of applications that would be
ineligible for funding based on ANA's administrative policies. The
policies are not changing; however, due to the government's name change
of the CFDA to Assistance Listings, ANA is updating the related policy
names in the NOFOs.
4. SEDS NOFO Specific Changes
ANA intends to fully fund awards upfront starting in FY24 and
adjust the annual awards ceiling from $400,000 to $300,000 resulting,
for example, total funding of $900,000 per grantee for a project period
of 36 months. This change will allow ANA to fund additional projects
with its annual appropriations, support management of fully funded
projects, make funding more equitable across ANA's programs and
positively impact more Native communities and organizations.
Since 2020, the SEDS NOFO set out bonus points in the evaluation
criteria for projects that address Native American community priority
areas such as veterans, emergency preparedness, and Missing and
Murdered Indigenous People. Since 2021, the SEDS NOFO provided bonus
points in the evaluation criteria for certain types of economic
development projects that were mandated by the Indian Community
Economic Enhancement Act of 2020. In this NOFO ANA intends to continue
to fund projects that promote social and economic development; however,
the SEDS NOFO will no longer include bonus points. This change will
allow all types of proposed community-based projects in the SEDS
competition to receive equal consideration while also allowing
applicants to choose their own priorities that best meet the needs of
their community.
SEDS-AK NOFO Specific Changes
Since 2020, the SEDS-AK NOFO allowed reviewers to add bonus points
in the evaluation criteria for applications that documented that the
applicant organization has never received a past award from ANA. Since
2021, the SEDS-AK NOFO provided bonus points in the evaluation criteria
for certain types of economic development projects that were mandated
by the Indian Community Economic Enhancement Act of 2020. In this NOFO
ANA intends to continue to fund projects that promote social and
economic development; however, the SEDS-AK NOFO will no longer include
bonus points. This change will allow all proposed community-based
projects in the SEDS-AK competition to receive equal consideration
while also allowing applicants to choose their own priorities that best
meet the needs of their community.
5. Changes to Required Application Elements
ANA has received applicant feedback for many years that the NOFOs
are burdensome, too long, and difficult to understand. For FY24, HHS
announced a Simpler NOFO pilot project to make NOFOs easier to
understand and navigate as part of its efforts to increase equity and
inclusion for underserved and marginalized communities. All five ANA
NOFOs were selected to
[[Page 11800]]
participate in the Simpler NOFO project. Therefore, the application
requirements and evaluation criteria will change in FY24 to lessen the
burden and make it easier to read, understand, and write an
application. The ANA Project Framework, used in NOFOs from FY 2018-
2023, will no longer be used, although some elements will remain. The
required elements for an ANA application across all five NOFOs that
will be evaluated will include: Project Narrative (for 75 points) to
include the Current Community Condition (5 points), Project Goal (7
points), Objectives (8 points), Project Strategy and Implementation
Plan (15 points), Community Based Strategy (12 points), Population to
be Served (7 points), Outcomes (6 points), Objective Work Plan (15
points). The Organizational Capacity (total of 15 points) includes a
Staffing Plan (5 points), Data Management Plan (3 points), Partnerships
and Consultants (2 points), and Oversight Plan (5 points). The Line-
Item Budget and Budget Narrative will be combined for a total of 10
points. A total of 100 points will be available for each NOFO. As
mentioned earlier, no bonus points will be provided for any NOFO.
6. Reduction in Application Page Limits
ANA's previous application total page limit was 150 pages,
excluding Standard Forms such as the SF-424, SF-424A, and other OMB-
approved forms including ANA's Objective Work Plan. Applicant feedback
informed ANA that 150 pages is too much. While ANA limits rather than
requires 150 pages, applicants sometimes feel that it is a requirement
to provide 150 pages to have a competitive application. Therefore, ANA
will reduce the total page limit from 150 to 100 pages to reduce the
burden to apply for ANA funding. To accommodate the lower page limit,
business plans will no longer be required at the time of application
submission. However, if a proposed project is subject to a business
plan, ANA staff will request an applicant to provide a business plan
during the Internal Review of Proposed Projects process of finalizing
and negotiating grant awards.
Statutory Authority: Sections 803 and 814 of the Native American
Programs Act of 1974 (NAPA), as amended (42 U.S.C. 2291b; 2992b-1).
Patrice H. Kunesh,
Commissioner, Administration for Native Americans.
[FR Doc. 2024-03160 Filed 2-14-24; 8:45 am]
BILLING CODE 4184-34-P