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DEPARTMENT OF LABOR

Employment and Training Administration

NOTICE: NOTICES

ACTION: Grants and cooperative agreements; availability, etc.:

SUBJECT CATEGORY: Workforce Investment Act--Indian and Native American Employment and Training Programs; Solicitation for Grant Applications--Final Grantee Designation Procedures for Program Years 2004 and 2005

DOCUMENT SUMMARY:

Announcement Type: New. Notice of final designation procedures for grantees.

Funding Opportunity Number: SGA/DFA04100.

Catalog of Federal Domestic Assistance (CFDA) Number: 17.265.

Key Dates: Deadline for Notice of Intent Part AJanuary 30, 2004. I. Funding Opportunity Description

Section 166 of the Workforce Investment Act (WIA) authorizes programs to serve the employment and training needs of Indians and Native Americans through competitive award by the Department of Labor (DOL) of twoyear grants, contracts, or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian controlled organizations serving Indians, or Native Hawaiian organizations. See section 166, Public Law 105220 as amended, codified at 29 U.S.C. 2911. Special employment and training services for Indian and Native American people were previously provided under the Job Training Partnership Act (JTPA) Section 401 and its predecessor, Section 302 of the Comprehensive Employment and Training Act (CETA). DOL has issued two previous rounds of WIA section 166 awardsfor Program Years (PY) 20002001 and 20022003.

In anticipation of Congressional reauthorization of WIA, this Solicitation for Grant Applications (SGA) contains the procedures by which DOL will select and designate service providers for PY 2004 and 2005 (July 1, 2004 to June 30, 2006) to operate Indian and Native American Employment and Training Programs under WIA section 166 within specified ``service areas.'' Grantees must ensure that all eligible population members have equitable access to employment and training services within the service area. Requirements for these programs are set forth in WIA section 166 and its regulations, found at 20 CFR part 668, published at 65 FR 49294, 49435 (August 11, 2000). The specific eligibility and application requirements for designation are set forth at 20 CFR part 668, subpart B, which is attached to this SGA as Exhibit A.

Under the statutory and regulatory requirements, DOL will select entities for section 166 funding for a twoyear period. Designated service providers will be funded annually during the designation period, contingent upon all other grant award requirements being met, Congress' reauthorization of WIA, any new or modified terms of WIA reauthorization, and the continuing availability of Federal funds.

All applicants for designation as a section 166 service provider for PY 2004 and 2005 must submit a Notice of Intent Part A in accordance with this SGA if they wish to receive or continue to receive WIA funds. DOL has determined that no waivers of competition under WIA section 166(c)(2) will be available for the current twoyear designation cycle because such waivers were allowed in the last designation cycle for PY 2002 and 2003. Existing grantees and potential eligible providers participating in Public Law 102477 Demonstration Projects, which allow Federally recognized tribes to consolidate formulafunded employment, training, and related dollars under a single service plan administered by the Bureau of Indian Affairs, also must submit an application in accordance with this SGA.

This SGA provides the information that all applicants need to submit requests for WIA section 166 designation. A ``responsibility review'' will be conducted of all applications as part of the designation process, in accordance with 20 CFR 667.170, 668.220, and 668.230, to ensure that applicants are capable of properly handling and accounting for Federal funds. Entities new to this process should be aware that being designated as a section 166 service provider according to this SGA will not automatically result in a grant award. 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 twoyear Comprehensive Services Plan that must be approved by DOL. Instructions for preparation of the Comprehensive Services Plan will be issued to all designated service providers in accordance with 20 CFR part 668, subpart G.

Potential applicants should be aware that Comprehensive Services Plans for PY 2004 and 2005 will be required to include an agreement to maintain records adequate to evaluate the grantee's annual performance against the ``Common Measures'' from the U.S. Office of Management and Budget (OMB) for evaluating all Federally funded employment and training programs. See Employment and Training Administration (ETA) Training and Employment Notice No. 802 (March 27, 2003) (available at http://ows.doleta.gov/dmstree/ten/ten2k2/ten_0802.htm). The Comprehensive Services Plan also will be required to include estimates of expected grantee performance against the OMB Common Measures. For the Comprehensive Services (i.e., Indian ``adult'') employment and training program, the Common Measures are as follows:
[sbull] Entered Employment
[sbull] Retention in Employment
[sbull] Earnings Increase

[sbull] Program Efficiency

For those entities serving reservation areas and qualifying for Supplemental Youth Services funding, the ``youth'' Common Measures are as follows:
[sbull] Placement in Employment or Education
[sbull] Attainment of a Degree or Certificate by Participants [sbull] Literacy and Numeracy Gains (by Participants)

[sbull] Program Efficiency

After a section 166 designee's Comprehensive Services Plan is approved by DOL, 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.

In preparing applications for designation, applicants should bear in mind that the purpose of section 166 of WIA is ``to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order
[[Page 75644]]
``(A) to develop more fully the academic, occupational, and literacy skills of such individuals;
``(B) to make such individuals more competitive in the workforce; and
``(C) to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities.'' Congress has also directed that section 166 programs be administered consistent with the principles of the Indian SelfDetermination and Education Assistance Act, 25 U.S.C. 450, et seq., and the governmenttogovernment relationship between the Federal government and Indian tribal governments. WIA section 166(a)(2).

Note: Congress is now considering legislation to reauthorize WIA; statutory changes may necessitate revision of the designation or award procedures for PY 20042005. This SGA has been revised from prior SGAs under WIA section 166 to comply with the new standard format issued by OMB for Federal grant solicitations. See 68 FR 3737079 (June 23, 2003). The ``General Designation Principles'' included in prior SGAs for this program have been omitted because we have determined that inclusion of the actual regulatory text (see Exhibit A attached) will be more useful to potential applicants. II. Award Information

Type of assistance instrument: An initial twoyear grant, which may be extended for an additional two years under appropriate

circumstances.

As stated in Section I, no waivers of competition are available for the PY 20042005 grant cycle. Therefore applications for new awards may compete with applications from existing grantees or for supplementation of existing projects. The amount of WIA Section 166 funds to be awarded to designated Native American organizations will be determined under the procedures set by 20 CFR 668.296, as well as by Sec. 668.440 for youth funds. DOL will determine award amounts after designation of service areas and service providers and once funding appropriations for the grant period have been made by Congress.

Amount of funds to be awarded. Depending upon final appropriation legislation, DOL anticipates awarding approximately $55 million for the Comprehensive Services program and $15 million for Supplemental Youth Services under this SGA.

Anticipated number of awards. Approximately 190 grantees will be designated under this SGA.

Expected amounts of individual awards. Awards under the Comprehensive Services program are anticipated to range from approximately $20,000 to approximately $6.5 million. Awards for the Supplemental Youth Services program are anticipated to range from approximately $4,000 to approximately $2.5 million. Final award amounts in each category will depend on Census data and the final PY 2004 and PY 2005 appropriation levels.

Average amount of funding per award. For PY 2003, the average Comprehensive Services grant amount was $295,647, and the average Supplemental Youth Services grant amount was $102,170. We expect that average funding for the PY 2004 awards will not differ significantly from these amounts.

Anticipated start dates and periods of performance for new awards. New and existing grantees will be expected to commence operations on July 1, 2004. The initial performance period for all grantees will be from July 1, 2004 to June 30, 2006.
III. Eligibility Information

1. Eligible Applicants

To be eligible for designation as a Section 166 grantee, an entity must meet all eligibility requirements of WIA Section 166 and 20 CFR 668.200, as well as the application and designation requirements found at 20 CFR part 668, subpart B (see Exhibit A attached). Potential applicants are expected to thoroughly review and comply with the statute and regulations.

Among other requirements, eligible entities must have a legal status as a government, an agency of a government, a private nonprofit corporation (i.e., incorporated under IRS section 501(c)(3) or 501(c)(4)), or a consortium that satisfies the requirements of 20 CFR 668.200(a), (b), and (c)(6). Additionally, eligible entities must be: [sbull] Indian tribes, tribal organizations, Alaska Native entities, Indiancontrolled organizations serving Indians, or Native Hawaiian organizations;
[sbull] Consortia of eligible entities; or
[sbull] Staterecognized tribal organizations serving individuals who were eligible to participate under JTPA Section 401 as of August 6, 1998.

See WIA Sections 166(b), (c)(1), and (d)(2)(B); 20 CFR 668.200(c) and (d). Community and faithbased organizations are eligible to apply for Section 166 grants in accordance with WIA Section 166(c) and 20 CFR 668.200(c) and (d) if they are Native American or Native Hawaiian controlled. Nonprofit corporations organized under 501(c)(4) that engage in lobbying activities are not eligible to receive Federal funds and grants, as required by Section 18 of the Lobbying Disclosure Act of 1995, Public Law 10465 (2 U.S.C. 1611).

Additional key requirements include the following: Applicants must satisfy a responsibility review and demonstrate that they have the ability to administer Federal funds. See 20 CFR 667.170, 668.200(a)(2), 668.220, and 668.230. Requested geographic service areas must comply with eligibility restrictions based on the formula funding level associated with population size. See 20 CFR 668.200(a)(3), 668.296(b), and 668.440(a).

The statute and regulations also establish comparative priorities for designation among eligible entities. A Federally recognized Indian tribe, band, or group on its reservation (including former reservation areas in Oklahoma), and Alaska Native entities defined in the Alaska Native Claims Settlement Act (ANCSA) (or consortia that include a tribe or an ANCSA entity) will receive the highest priority over any other organization for designation as the service provider for the area over which the entity has legal jurisdiction, provided that the entity has the capability to administer the program and also meets all eligibility and regulatory requirements. See 20 CFR 668.210(a). For areas not covered by the highest priority, DOL will designate other eligible organizations as service providers, which in some instances might be Indian tribes, bands, or groups applying for offreservation areas. DOL will follow the regulatory procedures for consultation and communication with Native American leaders in affected service areas. See 20 CFR 668.210 and 668.280. New applicants (and incumbent grantees seeking designation for areas in addition to those covered by existing grants) are expected to clearly demonstrate a working knowledge of the community that they plan to serve, including available resources, resource utilization, and acceptance by the service population.

Applicants must submit a separate, complete Notice of Intent in accordance with Section IV(2) for each noncontiguous geographic area for which they seek designation. DOL is not required to adhere to the geographical service area requested in a Notice of Intent, but may make a section 166 designation for all of the area requested or, if acceptable to the designee, a portion of the area requested or more than the area requested.

Organizations with no prior grant history with the Department, or about whom there are financial or grant management concerns, may be [[Page 75645]]
conditionally designated pending an onsite review and/or a sixmonth assessment of program progress. Failure to satisfy these conditions may result in a withdrawal of designation.

As discussed in Section IV(2), applicants' Notice of Intent submission must include documentation supporting their eligibility to serve as a section 166 grantee, including documentation of their legal status and ability to administer funds.

The following definitions and special designation situations will be used by DOL in determining eligibility and designating section 166 service providers:

Indian or Native AmericanControlled Organization. In accordance with WIA section 166(c) and 20 CFR 668.200(c), an Indian or Native Americancontrolled organization is defined as any organization with a governing body, more than 50 percent of whose members are Indians or Native Americans. Such an organization can be a tribal government, Native Alaska, or Native Hawaiian entity, consortium, or public or private nonprofit agency. For the purpose of designation
determinations, the governing body must have decisionmaking authority for the WIA section 166 program. It should be noted that, under WIA section 166(d)(2)(B), individuals who were eligible to participate under section 401 of JTPA on August 6, 1998, are or will be eligible to participate under WIA. Organizations serving such individuals will be considered ``Indian controlled'' for WIA section 166 purposes if they meet the criteria of this section.

Service Area. Service Area is defined as the geographic area, described as States, counties, or reservations, or parts or combinations thereof, for which a section 166 designation is made. In some cases, a service area also will be defined in terms of the specific population to be served. The service area is identified by the Grant Officer in the formal designation letter. Grantees must ensure that all eligible population members have equitable access to employment and training services within their designated service area. See 20 CFR 668.650(a).

Service Areas for Alaska Native Entities. Through prior grant competitions, DOL has established geographic service areas for Alaska Native employment and training grantees based on the following: (a) The boundaries of the regions defined in the Alaska Native Claims Settlement Act (ANCSA); (b) the boundaries of major subregional areas where the primary provider of human resource developmentrelated services is an Indian Reorganization Act (IRA)recognized tribal council; and (c) the boundaries of the one Federal reservation in Alaska. These service areas may be modified as a result of the current grant competition. Within these established or revised geographic service areas, DOL will designate the primary Alaska Nativecontrolled human resource development services provider or an entity formally selected by that provider. In the past, these entities have been regional nonprofit corporations, IRArecognized tribal councils, and the tribal government of the Metlakatla Indian Community.

Service Areas for Oklahoma Indians. Through prior grant competitions, DOL has established geographic service areas for Indian employment and training programs in Oklahoma, which have generally been countywide areas. These service areas may be modified as a result of the current grant competition. In cases in which a significant portion of the land area of an individual county lies within the traditional jurisdiction(s) of more than one tribal government, the service area has been subdivided to a certain extent on the basis of tribal identification information contained in the most recent Federal Decennial Census of Population. Wherever possible, arrangements mutually satisfactory to grantees in adjoining or overlapping geographic service areas will be honored by DOL. Where such mutually satisfactory arrangements cannot be made, DOL will designate and assign service areas to Native American grantees in a manner that is consistent with WIA and that will preserve continuity of services and prevent unnecessary fragmentation of the programs.

2. Cost Sharing or Matching

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

3. 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, entities that have been convicted of violation of 18 U.S.C. 665 and/or 666, or that are in default of any debt repayment agreement signed with the Department or any Federal agency, are ineligible to receive an award under this SGA, unless exceptional circumstances are demonstrated to the satisfaction of DOL.

All recipients of services under section 166 must meet the definition of Indian, Alaska Native, or Native Hawaiian found at WIA section 166(b) and in the WIA regulations. See WIA section 166(d) and 20 CFR 668.300. In addition, 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 107288 (38 U.S.C. 4215), 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 the Department of Labor. 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. 503 (September 16, 2003) provides general guidance on the scope of the veterans priority statute and its effect on current employment training programs. DOL anticipates updating this guidance at the time of WIA reauthorization and issuing individual guidance on each affected employment training program.
IV. Application and Submission Information

1. Address To Request Application Package

This Solicitation for Grant Applications, together with the attached excerpt of regulations (20 CFR part 668, subpart B), includes all information needed to apply for designation as a section 166 service provider.

2. Content and Form of Application Submission

All applicants for designation as a section 166 service provider for PY 2004 and 2005, except as noted in the next sentence, must submit a signed original and two copies of a ``Notice of IntentPart A'' containing the information listed below. Incumbent Federally recognized tribes participating in the demonstration under Public Law 102477 whose status has not changed need only submit: a cover letter stating the program's status has not changed, and a completed SF424, ``Application for Federal Assistance,'' both signed by an authorized signatory official for the applicant. Note that a separate Notice of IntentPart A must be submitted for each noncontiguous geographic service area.

Beginning October 1, 2003, all applicants for Federal grant and funding opportunities are required to have a Dun and Bradstreet (DUNS) number. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June 27, 2003). Applicants for section 166 designation must supply
[[Page 75646]]
their DUNS number in item 5 of the new SF424 issued by OMB (Rev. 92003). See Exhibit B. Where a consortium is formed to apply for designation, the consortium must obtain a DUNS number. If award will be made to the lead entity in the consortium, then the DUNS number for that lead entity should be used. The DUNS number is a ninedigit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access the following Web site: http://www.dunandbradstreet.com or call 18667055711. Requests for exemption

from the DUNS number requirement must be made to OMB.

In some circumstances, as defined in Section V(2), DOL may determine based on review of the Part A submissions that further competition is required for a particular geographic area. In these instances, competing organizations will be notified and required to provide the information in Part B within 15 days of receiving notification from the Grant Officer of competition.

The Grant Officer may require additional or clarifying information or action, including a site visit, before designating applicants and/or before determining whether to conduct competitive procurement for a particular geographic service area. In addition, applicants may be required to address actions taken to correct deficiencies identified by the Department, including specific time frames for completion. A. Notice of IntentPart A Requirements

Each application must include a cover letter or other document (for example, a tribal resolution), signed by an authorized signatory official, that provides the information listed below or indicates that it accompanies the application.
(i) A completed SF424, ``Application for Federal Assistance,'' signed by the authorized signatory official. See Exhibit B. (ii) Identification of the applicant's legal status, including copies of articles of incorporation for nonprofit corporations or consortium agreement, if not already on file with DOL's Division of Indian and Native American Programs (DINAP).
(iii) A specific description of the geographic territory being applied for by State(s), counties, reservation(s), or subparts or combinations thereof, and/or by service population.
(iv) A very brief summary of the employment and training or human resource development program(s) serving Native Americans that the entity currently operates or has operated within the previous twoyear period. The summary should identify the funding source, contact person, and phone number for the program(s).
(v) A brief description of the planning process used by the entity, including involvement of the governing body and local employers. (vi) Evidence to establish an entity's ability to administer funds under 20 CFR 668.220, and 668.230, which should at a minimum include: (a) A statement that the organization is in compliance with the Department's debt management procedures; and
(b) A statement that fraud or criminal activity has not been found in the organization, or a brief description of the circumstance where fraud or criminal activity has been found and a description of resolution, corrective action and current status; and
(c) A narrative demonstrating that an entity has or can acquire the necessary program and management personnel to safeguard Federal funds and effectively deliver program services that support the purposes of the Workforce Investment Act; and
(d) If not otherwise provided, a narrative demonstrating that an entity has successfully carried out or has the ability to successfully carry out activities that will strengthen the ability of the individuals served to obtain or retain unsubsidized employment, including the past twoyear history of publicly funded grants/contracts administered including identification of the fund source and a contact person.
(vii) The assurances required by 29 CFR 37.20.

B. Notice of IntentPart B Requirements

If the Grant Officer determines that there is competition for all or part of a given service area, as discussed in Section V(2) below, the Grant Officer will notify competing applicants and require submission of the following ``Part B'' information:
(i) Evidence that the entity represents the community proposed for services such as: Demonstration of support from Native American controlled organizations, State agencies, or other entities with specific knowledge of the applicant's operational capability. Federally recognized tribes and Hawaiian and Alaska Native entities need not submit evidence of support regarding their own reservations or areas of legal jurisdiction. However, such entities are required to provide this evidence for any area that they wish to serve beyond their reservation boundaries, Congressionally mandated area, or Federally established service areas.
(ii) Submission of a service plan and other information expanding on the information required at Part A that the applicant feels can strengthen its case, including information on any unresolved or outstanding administrative problems.

An applicant whose initial Notice of Intent submission contained all Part B information will not need to supplement. Exclusive of charts, graphs, or letters of support, the additional Part B information submitted in a situation involving competition should not exceed 75 pages of doublespaced, unreduced type.

3. Submission Dates and Times

Notices of Intent (NOIs) that comply with the requirements of this solicitation and that satisfy all Part A requirements must be received in the Department by 1 p.m. on January 30, 2004. NOIs not received by the deadline will be accepted up to 15 calendar days after the deadline only with an official, U.S. Postal Service postmark indicating timely submission. Dates stamped by private express delivery service or by metered mail are unacceptable as proof of submission. All applicants are advised that U.S. mail delivery in the Washington, DC area is still erratic due to continuing concerns involving possible anthrax contamination. All applicants must take this into consideration when preparing to meet the application deadline, as applicants assume the risk for ensuring a timely submission; that is, if because of these mail problems, the Department does not receive an application or receives it too late to give it proper consideration, even if it was timely mailed, the Department will not consider the application.

Submission addresses and acceptable means of delivery are addressed in Section IV(6) below.

4. Intergovernmental Review

This funding opportunity is not subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.''

5. Funding Restrictions

Potential applicants should review 20 CFR part 668, subpart H regarding administrative requirements for WIA section 166 grants. Rules relating to allowable costs are addressed in 20 CFR 667.200 through 667.220. Under 20 CFR 667.210(b), limits on administrative costs will be negotiated with the grantee and identified in the grant award [[Page 75647]]
document. While there are no specific limits on indirect costs, the amount of indirect cost charged to the grant is subject to the overall limitation on administrative costs as negotiated in the grant agreement. Construction (as opposed to maintenance and/or repair) costs are generally not allowed under WIA. Certain preaward costs may be allowable with specific approval of the Grant Officer in accordance with OMB Circular A87 or A122.

6. Other Submission Requirements

Means of Delivery: Notices of Intent may be submitted by U.S. mail, overnight delivery, hand delivery, or email in accordance with the instructions below. Please note that faxed applications will not be accepted.

Addresses: Send a signed original and two copies of the Notice of IntentPart A (and any later submissions) to Ms. Athena Brown, Acting Chief, Division of Indian and Native American Programs, Room S5206 FPB

SUMMARY: Workforce investment Act—; Indian and Native American Employment and Training Programs,

DOCUMENT BODY 2:

Announcement Type: New. Notice of final designation procedures for grantees.

Funding Opportunity Number: SGA/DFA04100.

Catalog of Federal Domestic Assistance (CFDA) Number: 17.265.

Key Dates: Deadline for Notice of Intent Part AJanuary 30, 2004. I. Funding Opportunity Description

Section 166 of the Workforce Investment Act (WIA) authorizes programs to serve the employment and training needs of Indians and Native Americans through competitive award by the Department of Labor (DOL) of twoyear grants, contracts, or cooperative agreements with Indian tribes, tribal organizations, Alaska Native entities, Indian controlled organizations serving Indians, or Native Hawaiian organizations. See section 166, Public Law 105220 as amended, codified at 29 U.S.C. 2911. Special employment and training services for Indian and Native American people were previously provided under the Job Training Partnership Act (JTPA) Section 401 and its predecessor, Section 302 of the Comprehensive Employment and Training Act (CETA). DOL has issued two previous rounds of WIA section 166 awardsfor Program Years (PY) 20002001 and 20022003.

In anticipation of Congressional reauthorization of WIA, this Solicitation for Grant Applications (SGA) contains the procedures by which DOL will select and designate service providers for PY 2004 and 2005 (July 1, 2004 to June 30, 2006) to operate Indian and Native American Employment and Training Programs under WIA section 166 within specified ``service areas.'' Grantees must ensure that all eligible population members have equitable access to employment and training services within the service area. Requirements for these programs are set forth in WIA section 166 and its regulations, found at 20 CFR part 668, published at 65 FR 49294, 49435 (August 11, 2000). The specific eligibility and application requirements for designation are set forth at 20 CFR part 668, subpart B, which is attached to this SGA as Exhibit A.

Under the statutory and regulatory requirements, DOL will select entities for section 166 funding for a twoyear period. Designated service providers will be funded annually during the designation period, contingent upon all other grant award requirements being met, Congress' reauthorization of WIA, any new or modified terms of WIA reauthorization, and the continuing availability of Federal funds.

All applicants for designation as a section 166 service provider for PY 2004 and 2005 must submit a Notice of Intent Part A in accordance with this SGA if they wish to receive or continue to receive WIA funds. DOL has determined that no waivers of competition under WIA section 166(c)(2) will be available for the current twoyear designation cycle because such waivers were allowed in the last designation cycle for PY 2002 and 2003. Existing grantees and potential eligible providers participating in Public Law 102477 Demonstration Projects, which allow Federally recognized tribes to consolidate formulafunded employment, training, and related dollars under a single service plan administered by the Bureau of Indian Affairs, also must submit an application in accordance with this SGA.

This SGA provides the information that all applicants need to submit requests for WIA section 166 designation. A ``responsibility review'' will be conducted of all applications as part of the designation process, in accordance with 20 CFR 667.170, 668.220, and 668.230, to ensure that applicants are capable of properly handling and accounting for Federal funds. Entities new to this process should be aware that being designated as a section 166 service provider according to this SGA will not automatically result in a grant award. 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 twoyear Comprehensive Services Plan that must be approved by DOL. Instructions for preparation of the Comprehensive Services Plan will be issued to all designated service providers in accordance with 20 CFR part 668, subpart G.

Potential applicants should be aware that Comprehensive Services Plans for PY 2004 and 2005 will be required to include an agreement to maintain records adequate to evaluate the grantee's annual performance against the ``Common Measures'' from the U.S. Office of Management and Budget (OMB) for evaluating all Federally funded employment and training programs. See Employment and Training Administration (ETA) Training and Employment Notice No. 802 (March 27, 2003) (available at http://ows.doleta.gov/dmstree/ten/ten2k2/ten_0802.htm). The Comprehensive Services Plan also will be required to include estimates of expected grantee performance against the OMB Common Measures. For the Comprehensive Services (i.e., Indian ``adult'') employment and training program, the Common Measures are as follows:
[sbull] Entered Employment
[sbull] Retention in Employment
[sbull] Earnings Increase

[sbull] Program Efficiency

For those entities serving reservation areas and qualifying for Supplemental Youth Services funding, the ``youth'' Common Measures are as follows:
[sbull] Placement in Employment or Education
[sbull] Attainment of a Degree or Certificate by Participants [sbull] Literacy and Numeracy Gains (by Participants)

[sbull] Program Efficiency

After a section 166 designee's Comprehensive Services Plan is approved by DOL, 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.

In preparing applications for designation, applicants should bear in mind that the purpose of section 166 of WIA is ``to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order
[[Page 75644]]
``(A) to develop more fully the academic, occupational, and literacy skills of such individuals;
``(B) to make such individuals more competitive in the workforce; and
``(C) to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities.'' Congress has also directed that section 166 programs be administered consistent with the principles of the Indian SelfDetermination and Education Assistance Act, 25 U.S.C. 450, et seq., and the governmenttogovernment relationship between the Federal government and Indian tribal governments. WIA section 166(a)(2).

Note: Congress is now considering legislation to reauthorize WIA; statutory changes may necessitate revision of the designation or award procedures for PY 20042005. This SGA has been revised from prior SGAs under WIA section 166 to comply with the new standard format issued by OMB for Federal grant solicitations. See 68 FR 3737079 (June 23, 2003). The ``General Designation Principles'' included in prior SGAs for this program have been omitted because we have determined that inclusion of the actual regulatory text (see Exhibit A attached) will be more useful to potential applicants. II. Award Information

Type of assistance instrument: An initial twoyear grant, which may be extended for an additional two years under appropriate

circumstances.

As stated in Section I, no waivers of competition are available for the PY 20042005 grant cycle. Therefore applications for new awards may compete with applications from existing grantees or for supplementation of existing projects. The amount of WIA Section 166 funds to be awarded to designated Native American organizations will be determined under the procedures set by 20 CFR 668.296, as well as by Sec. 668.440 for youth funds. DOL will determine award amounts after designation of service areas and service providers and once funding appropriations for the grant period have been made by Congress.

Amount of funds to be awarded. Depending upon final appropriation legislation, DOL anticipates awarding approximately $55 million for the Comprehensive Services program and $15 million for Supplemental Youth Services under this SGA.

Anticipated number of awards. Approximately 190 grantees will be designated under this SGA.

Expected amounts of individual awards. Awards under the Comprehensive Services program are anticipated to range from approximately $20,000 to approximately $6.5 million. Awards for the Supplemental Youth Services program are anticipated to range from approximately $4,000 to approximately $2.5 million. Final award amounts in each category will depend on Census data and the final PY 2004 and PY 2005 appropriation levels.

Average amount of funding per award. For PY 2003, the average Comprehensive Services grant amount was $295,647, and the average Supplemental Youth Services grant amount was $102,170. We expect that average funding for the PY 2004 awards will not differ significantly from these amounts.

Anticipated start dates and periods of performance for new awards. New and existing grantees will be expected to commence operations on July 1, 2004. The initial performance period for all grantees will be from July 1, 2004 to June 30, 2006.
III. Eligibility Information

1. Eligible Applicants

To be eligible for designation as a Section 166 grantee, an entity must meet all eligibility requirements of WIA Section 166 and 20 CFR 668.200, as well as the application and designation requirements found at 20 CFR part 668, subpart B (see Exhibit A attached). Potential applicants are expected to thoroughly review and comply with the statute and regulations.

Among other requirements, eligible entities must have a legal status as a government, an agency of a government, a private nonprofit corporation (i.e., incorporated under IRS section 501(c)(3) or 501(c)(4)), or a consortium that satisfies the requirements of 20 CFR 668.200(a), (b), and (c)(6). Additionally, eligible entities must be: [sbull] Indian tribes, tribal organizations, Alaska Native entities, Indiancontrolled organizations serving Indians, or Native Hawaiian organizations;
[sbull] Consortia of eligible entities; or
[sbull] Staterecognized tribal organizations serving individuals who were eligible to participate under JTPA Section 401 as of August 6, 1998.

See WIA Sections 166(b), (c)(1), and (d)(2)(B); 20 CFR 668.200(c) and (d). Community and faithbased organizations are eligible to apply for Section 166 grants in accordance with WIA Section 166(c) and 20 CFR 668.200(c) and (d) if they are Native American or Native Hawaiian controlled. Nonprofit corporations organized under 501(c)(4) that engage in lobbying activities are not eligible to receive Federal funds and grants, as required by Section 18 of the Lobbying Disclosure Act of 1995, Public Law 10465 (2 U.S.C. 1611).

Additional key requirements include the following: Applicants must satisfy a responsibility review and demonstrate that they have the ability to administer Federal funds. See 20 CFR 667.170, 668.200(a)(2), 668.220, and 668.230. Requested geographic service areas must comply with eligibility restrictions based on the formula funding level associated with population size. See 20 CFR 668.200(a)(3), 668.296(b), and 668.440(a).

The statute and regulations also establish comparative priorities for designation among eligible entities. A Federally recognized Indian tribe, band, or group on its reservation (including former reservation areas in Oklahoma), and Alaska Native entities defined in the Alaska Native Claims Settlement Act (ANCSA) (or consortia that include a tribe or an ANCSA entity) will receive the highest priority over any other organization for designation as the service provider for the area over which the entity has legal jurisdiction, provided that the entity has the capability to administer the program and also meets all eligibility and regulatory requirements. See 20 CFR 668.210(a). For areas not covered by the highest priority, DOL will designate other eligible organizations as service providers, which in some instances might be Indian tribes, bands, or groups applying for offreservation areas. DOL will follow the regulatory procedures for consultation and communication with Native American leaders in affected service areas. See 20 CFR 668.210 and 668.280. New applicants (and incumbent grantees seeking designation for areas in addition to those covered by existing grants) are expected to clearly demonstrate a working knowledge of the community that they plan to serve, including available resources, resource utilization, and acceptance by the service population.

Applicants must submit a separate, complete Notice of Intent in accordance with Section IV(2) for each noncontiguous geographic area for which they seek designation. DOL is not required to adhere to the geographical service area requested in a Notice of Intent, but may make a section 166 designation for all of the area requested or, if acceptable to the designee, a portion of the area requested or more than the area requested.

Organizations with no prior grant history with the Department, or about whom there are financial or grant management concerns, may be [[Page 75645]]
conditionally designated pending an onsite review and/or a sixmonth assessment of program progress. Failure to satisfy these conditions may result in a withdrawal of designation.

As discussed in Section IV(2), applicants' Notice of Intent submission must include documentation supporting their eligibility to serve as a section 166 grantee, including documentation of their legal status and ability to administer funds.

The following definitions and special designation situations will be used by DOL in determining eligibility and designating section 166 service providers:

Indian or Native AmericanControlled Organization. In accordance with WIA section 166(c) and 20 CFR 668.200(c), an Indian or Native Americancontrolled organization is defined as any organization with a governing body, more than 50 percent of whose members are Indians or Native Americans. Such an organization can be a tribal government, Native Alaska, or Native Hawaiian entity, consortium, or public or private nonprofit agency. For the purpose of designation
determinations, the governing body must have decisionmaking authority for the WIA section 166 program. It should be noted that, under WIA section 166(d)(2)(B), individuals who were eligible to participate under section 401 of JTPA on August 6, 1998, are or will be eligible to participate under WIA. Organizations serving such individuals will be considered ``Indian controlled'' for WIA section 166 purposes if they meet the criteria of this section.

Service Area. Service Area is defined as the geographic area, described as States, counties, or reservations, or parts or combinations thereof, for which a section 166 designation is made. In some cases, a service area also will be defined in terms of the specific population to be served. The service area is identified by the Grant Officer in the formal designation letter. Grantees must ensure that all eligible population members have equitable access to employment and training services within their designated service area. See 20 CFR 668.650(a).

Service Areas for Alaska Native Entities. Through prior grant competitions, DOL has established geographic service areas for Alaska Native employment and training grantees based on the following: (a) The boundaries of the regions defined in the Alaska Native Claims Settlement Act (ANCSA); (b) the boundaries of major subregional areas where the primary provider of human resource developmentrelated services is an Indian Reorganization Act (IRA)recognized tribal council; and (c) the boundaries of the one Federal reservation in Alaska. These service areas may be modified as a result of the current grant competition. Within these established or revised geographic service areas, DOL will designate the primary Alaska Nativecontrolled human resource development services provider or an entity formally selected by that provider. In the past, these entities have been regional nonprofit corporations, IRArecognized tribal councils, and the tribal government of the Metlakatla Indian Community.

Service Areas for Oklahoma Indians. Through prior grant competitions, DOL has established geographic service areas for Indian employment and training programs in Oklahoma, which have generally been countywide areas. These service areas may be modified as a result of the current grant competition. In cases in which a significant portion of the land area of an individual county lies within the traditional jurisdiction(s) of more than one tribal government, the service area has been subdivided to a certain extent on the basis of tribal identification information contained in the most recent Federal Decennial Census of Population. Wherever possible, arrangements mutually satisfactory to grantees in adjoining or overlapping geographic service areas will be honored by DOL. Where such mutually satisfactory arrangements cannot be made, DOL will designate and assign service areas to Native American grantees in a manner that is consistent with WIA and that will preserve continuity of services and prevent unnecessary fragmentation of the programs.

2. Cost Sharing or Matching

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

3. 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, entities that have been convicted of violation of 18 U.S.C. 665 and/or 666, or that are in default of any debt repayment agreement signed with the Department or any Federal agency, are ineligible to receive an award under this SGA, unless exceptional circumstances are demonstrated to the satisfaction of DOL.

All recipients of services under section 166 must meet the definition of Indian, Alaska Native, or Native Hawaiian found at WIA section 166(b) and in the WIA regulations. See WIA section 166(d) and 20 CFR 668.300. In addition, 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 107288 (38 U.S.C. 4215), 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 the Department of Labor. 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. 503 (September 16, 2003) provides general guidance on the scope of the veterans priority statute and its effect on current employment training programs. DOL anticipates updating this guidance at the time of WIA reauthorization and issuing individual guidance on each affected employment training program.
IV. Application and Submission Information

1. Address To Request Application Package

This Solicitation for Grant Applications, together with the attached excerpt of regulations (20 CFR part 668, subpart B), includes all information needed to apply for designation as a section 166 service provider.

2. Content and Form of Application Submission

All applicants for designation as a section 166 service provider for PY 2004 and 2005, except as noted in the next sentence, must submit a signed original and two copies of a ``Notice of IntentPart A'' containing the information listed below. Incumbent Federally recognized tribes participating in the demonstration under Public Law 102477 whose status has not changed need only submit: a cover letter stating the program's status has not changed, and a completed SF424, ``Application for Federal Assistance,'' both signed by an authorized signatory official for the applicant. Note that a separate Notice of IntentPart A must be submitted for each noncontiguous geographic service area.

Beginning October 1, 2003, all applicants for Federal grant and funding opportunities are required to have a Dun and Bradstreet (DUNS) number. See OMB Notice of Final Policy Issuance, 68 FR 38402 (June 27, 2003). Applicants for section 166 designation must supply
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their DUNS number in item 5 of the new SF424 issued by OMB (Rev. 92003). See Exhibit B. Where a consortium is formed to apply for designation, the consortium must obtain a DUNS number. If award will be made to the lead entity in the consortium, then the DUNS number for that lead entity should be used. The DUNS number is a ninedigit identification number that uniquely identifies business entities. Obtaining a DUNS number is easy and there is no charge. To obtain a DUNS number, access the following Web site: http://www.dunandbradstreet.com or call 18667055711. Requests for exemption

from the DUNS number requirement must be made to OMB.

In some circumstances, as defined in Section V(2), DOL may determine based on review of the Part A submissions that further competition is required for a particular geographic area. In these instances, competing organizations will be notified and required to provide the information in Part B within 15 days of receiving notification from the Grant Officer of competition.

The Grant Officer may require additional or clarifying information or action, including a site visit, before designating applicants and/or before determining whether to conduct competitive procurement for a particular geographic service area. In addition, applicants may be required to address actions taken to correct deficiencies identified by the Department, including specific time frames for completion. A. Notice of IntentPart A Requirements

Each application must include a cover letter or other document (for example, a tribal resolution), signed by an authorized signatory official, that provides the information listed below or indicates that it accompanies the application.
(i) A completed SF424, ``Application for Federal Assistance,'' signed by the authorized signatory official. See Exhibit B. (ii) Identification of the applicant's legal status, including copies of articles of incorporation for nonprofit corporations or consortium agreement, if not already on file with DOL's Division of Indian and Native American Programs (DINAP).
(iii) A specific description of the geographic territory being applied for by State(s), counties, reservation(s), or subparts or combinations thereof, and/or by service population.
(iv) A very brief summary of the employment and training or human resource development program(s) serving Native Americans that the entity currently operates or has operated within the previous twoyear period. The summary should identify the funding source, contact person, and phone number for the program(s).
(v) A brief description of the planning process used by the entity, including involvement of the governing body and local employers. (vi) Evidence to establish an entity's ability to administer funds under 20 CFR 668.220, and 668.230, which should at a minimum include: (a) A statement that the organization is in compliance with the Department's debt management procedures; and
(b) A statement that fraud or criminal activity has not been found in the organization, or a brief description of the circumstance where fraud or criminal activity has been found and a description of resolution, corrective action and current status; and
(c) A narrative demonstrating that an entity has or can acquire the necessary program and management personnel to safeguard Federal funds and effectively deliver program services that support the purposes of the Workforce Investment Act; and
(d) If not otherwise provided, a narrative demonstrating that an entity has successfully carried out or has the ability to successfully carry out activities that will strengthen the ability of the individuals served to obtain or retain unsubsidized employment, including the past twoyear history of publicly funded grants/contracts administered including identification of the fund source and a contact person.
(vii) The assurances required by 29 CFR 37.20.

B. Notice of IntentPart B Requirements

If the Grant Officer determines that there is competition for all or part of a given service area, as discussed in Section V(2) below, the Grant Officer will notify competing applicants and require submission of the following ``Part B'' information:
(i) Evidence that the entity represents the community proposed for services such as: Demonstration of support from Native American controlled organizations, State agencies, or other entities with specific knowledge of the applicant's operational capability. Federally recognized tribes and Hawaiian and Alaska Native entities need not submit evidence of support regarding their own reservations or areas of legal jurisdiction. However, such entities are required to provide this evidence for any area that they wish to serve beyond their reservation boundaries, Congressionally mandated area, or Federally established service areas.
(ii) Submission of a service plan and other information expanding on the information required at Part A that the applicant feels can strengthen its case, including information on any unresolved or outstanding administrative problems.

An applicant whose initial Notice of Intent submission contained all Part B information will not need to supplement. Exclusive of charts, graphs, or letters of support, the additional Part B information submitted in a situation involving competition should not exceed 75 pages of doublespaced, unreduced type.

3. Submission Dates and Times

Notices of Intent (NOIs) that comply with the requirements of this solicitation and that satisfy all Part A requirements must be received in the Department by 1 p.m. on January 30, 2004. NOIs not received by the deadline will be accepted up to 15 calendar days after the deadline only with an official, U.S. Postal Service postmark indicating timely submission. Dates stamped by private express delivery service or by metered mail are unacceptable as proof of submission. All applicants are advised that U.S. mail delivery in the Washington, DC area is still erratic due to continuing concerns involving possible anthrax contamination. All applicants must take this into consideration when preparing to meet the application deadline, as applicants assume the risk for ensuring a timely submission; that is, if because of these mail problems, the Department does not receive an application or receives it too late to give it proper consideration, even if it was timely mailed, the Department will not consider the application.

Submission addresses and acceptable means of delivery are addressed in Section IV(6) below.

4. Intergovernmental Review

This funding opportunity is not subject to Executive Order (EO) 12372, ``Intergovernmental Review of Federal Programs.''

5. Funding Restrictions

Potential applicants should review 20 CFR part 668, subpart H regarding administrative requirements for WIA section 166 grants. Rules relating to allowable costs are addressed in 20 CFR 667.200 through 667.220. Under 20 CFR 667.210(b), limits on administrative costs will be negotiated with the grantee and identified in the grant award [[Page 75647]]
document. While there are no specific limits on indirect costs, the amount of indirect cost charged to the grant is subject to the overall limitation on administrative costs as negotiated in the grant agreement. Construction (as opposed to maintenance and/or repair) costs are generally not allowed under WIA. Certain preaward costs may be allowable with specific approval of the Grant Officer in accordance with OMB Circular A87 or A122.

6. Other Submission Requirements

Means of Delivery: Notices of Intent may be submitted by U.S. mail, overnight delivery, hand delivery, or email in accordance with the instructions below. Please note that faxed applications will not be accepted.

Addresses: Send a signed original and two copies of the Notice of IntentPart A (and any later submissions) to Ms. Athena Brown, Acting Chief, Division of Indian and Native American Programs, Room S5206 FPB