82_FR_18195 82 FR 18123 - Application for New Awards; Indian Education Formula Grants to Local Educational Agencies; Part II of the Formula Grant Electronic Application System for Indian Education (EASIE) Applications

82 FR 18123 - Application for New Awards; Indian Education Formula Grants to Local Educational Agencies; Part II of the Formula Grant Electronic Application System for Indian Education (EASIE) Applications

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 72 (April 17, 2017)

Page Range18123-18127
FR Document2017-07732

Federal Register, Volume 82 Issue 72 (Monday, April 17, 2017)
[Federal Register Volume 82, Number 72 (Monday, April 17, 2017)]
[Notices]
[Pages 18123-18127]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-07732]


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DEPARTMENT OF EDUCATION


Application for New Awards; Indian Education Formula Grants to 
Local Educational Agencies; Part II of the Formula Grant Electronic 
Application System for Indian Education (EASIE) Applications

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

ACTION: Notice.

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Overview Information

Indian Education Formula Grants to Local Educational Agencies

    Notice inviting applications for new awards for fiscal year (FY) 
2017.
    Catalog of Federal Domestic Assistance (CFDA) Number: 84.060A.
Dates
    Part II of EASIE Applications Available: May 17, 2017.
    Deadline for Transmittal of Part II Applications: June 15, 2017.

    Note: Applicants must meet the deadlines for both EASIE Part I 
and Part II to be eligible to receive a grant. This notice inviting 
applications only announces dates for EASIE Part II. The notice 
inviting applications for EASIE Part I was published on March 13, 
2017. Any application that does not meet the Part I and Part II 
deadlines will not be considered for funding. Failure to submit the 
required supplemental documentation, described under Content and 
Form of Application Submission in section IV of this notice, by the 
EASIE Part II deadline will result in an incomplete application that 
will not be considered for funding. The Office of Indian Education 
recommends uploading the documentation at least two days prior to 
each deadline date to ensure that any potential submission issues 
are resolved prior to the Part II application deadline.

I. Funding Opportunity Description

    Purpose of Program: The Indian Education Formula Grants to Local 
Educational Agencies (Formula Grants) program provides grants to 
support local educational agencies (LEAs), Indian tribes and 
organizations, and other eligible entities in developing elementary and 
secondary school programs that serve Indian students. The U.S. 
Department of Education (Department) funds comprehensive programs that 
are designed to meet the unique cultural, language, and educational 
needs of American Indian and Alaska Native (AI/AN) students and ensure 
that all students meet challenging State academic standards.
    As authorized under section 6116 of the Elementary and Secondary 
Education Act of 1965 (ESEA), as amended by the Every Student Succeeds 
Act (ESSA),\1\ the Secretary will, upon receipt of an acceptable plan 
for the integration of education and related services, and in 
cooperation with other relevant Federal agencies, authorize the entity 
receiving the funds under this program to consolidate all Federal funds 
that are to be used exclusively for Indian students. Instructions for 
submitting an integration of education and related services plan are 
included in the EASIE, which is described under Application Process and 
Submission Information in section IV of this notice.
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    \1\ All references to the ESEA refer to the ESEA as amended by 
the ESSA.

    Note: Under the Formula Grants program, all applicants are 
required to develop the project for which an application is made in 
open consultation with parents and teachers of Indian children, 
representatives of Indian tribes on Indian lands located within 50 
miles of any school that the LEA will serve if such tribes have any 
children in such school, Indian organizations (IOs), and, if 
appropriate, Indian students from secondary schools, including 
through public hearings held to provide to the individuals described 
above a full opportunity to understand the program and to offer 
recommendations regarding the program (ESEA section 6114(c)(3)(C)). 
LEA applicants are required to develop the project for which an 
application is made with the participation and written approval of a 
parent committee whose membership includes parents and family 
members of Indian children in the LEA's schools; representatives of 
Indian tribes on Indian lands located within 50 miles of any school 
that the LEA will serve if such tribes have any children in such 
school; teachers in the schools; and if appropriate, Indian students 
attending secondary schools of the LEA (ESEA section 6114(c)(4)). 
The majority of the parent committee members must be parents and 
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family members of Indian children (ESEA section 6114(c)(4)).

    Definitions: The following definition is from section 6112(d)(3) of 
the ESEA:
    Indian community-based organization means any organization that is 
composed primarily of Indian parents, family members and community 
members, tribal government educational officials, and tribal members, 
from a specific community; assists in the social, cultural, and 
educational development of Indians in such community; meets the unique 
cultural, language, and academic needs of Indian students; and 
demonstrates organizational and administrative capacity to manage the 
grant.

Statutory Hiring Preference

    (a) Awards that are primarily for the benefit of Indians are 
subject to the provisions of section 7(b) of the Indian Self-
Determination and Education Assistance Act (Pub. L. 93-638). That 
section requires that, to the greatest extent feasible, a grantee--
    (1) Give to Indians preferences and opportunities for training and 
employment in connection with the administration of the grant; and
    (2) Give to IOs and to Indian-owned economic enterprises, as 
defined in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 
1452(e)), preference in the award of contracts in connection with the 
administration of the grant.
    (b) For purposes of this section, an Indian is a member of any 
federally recognized Indian tribe.

    Program Authority:  20 U.S.C. 7421 et seq.

    Applicable Regulations: (a) The Education Department General 
Administrative Regulations (EDGAR) in 34 CFR parts 75, 77, 79, 81, 82, 
84, 97, 98, and 99. (b) The Office of Management and Budget Guidelines 
to Agencies on Governmentwide Debarment and Suspension (Nonprocurement) 
in 2 CFR part 180, as adopted and amended as regulations of the 
Department in 2 CFR part 3485. (c) The Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards in 2 CFR part 200, as adopted and amended as regulations of the 
Department in 2 CFR part 3474.

    Note:  The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian tribes.

II. Award Information

    Type of Award: Formula grants.

[[Page 18124]]

    Estimated Available Funds: The Further Continuing and Security 
Assistance Appropriations Act, 2017, would provide, on an annualized 
basis, $100,190,176 for Indian Education Formula Grants to LEAs. The 
actual level of funding, if any, depends on final congressional action. 
However, we are inviting applications to allow enough time to complete 
the grant process if Congress appropriates funds for this program.
    Estimated Range of Awards: $3,000 to $3,058,055.
    Estimated Average Size of Awards: $77,069.
    Estimated Number of Awards: 1,300.

    Note:  The Department is not bound by any estimates in this 
notice.

    Project Period: 12 months.

III. Eligibility Information

    1. Eligible Applicants: The following entities are eligible under 
this program: Certain LEAs, including charter schools authorized as 
LEAs under State law, as prescribed by section 6112(b) of the ESEA; 
certain schools funded by the Bureau of Indian Education of the U.S. 
Department of the Interior (BIE), as prescribed by section 6113(d) of 
the ESEA; Indian tribes and IOs under certain conditions, as prescribed 
by section 6112(c) of the ESEA; and Indian community-based 
organizations (ICBOs), as prescribed by section 6112(d)(1) of the ESEA. 
Consortia of two or more LEAs, Indian tribes, IOs, and ICBOs are also 
eligible under certain circumstances, as prescribed by section 
6112(a)(4) of the ESEA.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Supplement-Not-Supplant: This program involves supplement-not-
supplant funding requirements. Section 6114(c)(1) of the ESEA requires 
an LEA to use these grant funds only to supplement the funds that, in 
the absence of these Federal funds, such agency would make available 
for services described in this application, and not to supplant such 
funds.

IV. Application and Submission Information

    1. How To Request an Application Package: You can obtain a login 
and password for the electronic application for grants under this 
program by contacting the EDFacts Partner Support Center (EDFacts PSC) 
listed under Agency Contacts in section VI of this notice.
    Individuals with disabilities can obtain a copy of the application 
package in an accessible format (e.g., braille, large print, audiotape, 
or compact disc) by contacting the EDFacts PSC listed under Agency 
Contacts in section VI of this notice.
    2. Content and Form of Application Submission: Requirements 
concerning the content of an application, together with the forms you 
must submit, are in EASIE.
    a. Changes for EASIE PART II for FY 2017 due to the ESEA 
reauthorization:
    (i) Meaningful collaboration with tribes. In the application, each 
LEA applicant will describe the process it used to meaningfully 
collaborate with Indian tribes located in the community in a timely, 
active, and ongoing manner in the development of the comprehensive 
program, and the actions taken as a result of such collaboration (ESEA 
section 6114(b)(7)).
    (ii) Grant objectives. Three allowable activities have been added 
under the program, and one allowable activity has been removed. The new 
allowable activities are: Activities that support Native American 
language programs, which may be taught by traditional leaders; dropout 
prevention strategies; and strategies to meet the education needs of 
at-risk Indian youth in correctional facilities, or in transition from 
such facilities. The removed activity is: Incorporating Indian-specific 
content into the LEA curriculum (ESEA section 6115(b)).
    (iii) Schoolwide applicant's objectives and use of funds. An LEA 
that selects a schoolwide application will identify in its application 
how the use of such funds in a schoolwide program will produce benefits 
to Indian students that would not be achieved if the funds were not 
used in a schoolwide program (ESEA section 6115(c)(3)).
    (iv) Budget limitation on the use of funds. Funds may not be used 
for long-distance travel expenses for training activities that are 
available locally or regionally (ESEA section 6115(e)).
    (v) Parent Committee Approval (PCA) form. The PCA form has been 
updated to reflect the changes to the composition of the parent 
committee. Signers of the PCA form can include parents and family 
members of Indian children in the LEA's schools; representatives of 
Indian tribes; teachers in the schools; and, if applicable, Indian 
students attending secondary schools of the agency. The majority of the 
parent committee must be parents and family members of Indian children 
(ESEA section 6114(c)(4)).
    b. Supplementary Documentation: For an applicant that is an LEA or 
consortia of LEAs, the EASIE application requires the electronic 
Portable Document Format (PDF) submission of the PCA form no later than 
the deadline for transmittal of EASIE Part II, which is June 15, 2017. 
The required form is available in EASIE.
    3. Submission Dates and Times:
    Part II of the Formula Grant EASIE Applications Available: May 17, 
2017.
    Deadline for Transmittal of Part II Applications: June 15, 2017, 
8:00:00 p.m., Washington, DC time.
    Applications for grants under this program must be submitted 
electronically using EASIE. For information (including dates and times) 
about how to submit your application electronically, or in paper format 
by mail or hand delivery if you qualify for an exception to the 
electronic submission requirements, please refer to Other Submission 
Requirements in section IV of this notice.
    We do not consider an application that does not comply with the 
deadline requirements.
    Individuals with disabilities who need an accommodation or 
auxiliary aid in connection with the application process should contact 
the person listed under FOR FURTHER INFORMATION CONTACT in section VI 
of this notice. If the Department provides an accommodation or 
auxiliary aid to an individual with a disability in connection with the 
application process, the individual's application remains subject to 
all other requirements and limitations in this notice.
    4. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    5. Funding Restrictions: Not more than 5 percent of the funds 
provided to a grantee may be used for administrative costs (ESEA 
section 6115(d)). We reference regulations outlining other funding 
restrictions in the Applicable Regulations section of this notice.
    6. Data Universal Numbering System Number, Taxpayer Identification 
Number, and System for Award Management: To do business with the 
Department of Education, you must--
    a. Have a Data Universal Numbering System (DUNS) number and a 
Taxpayer Identification Number (TIN);
    b. Register both your DUNS number and TIN with the System for Award 
Management (SAM), the Government's primary registrant database;
    c. Provide your DUNS number and TIN on your application; and
    d. Maintain an active SAM registration with current information 
while your application is under review by the Department and, if you 
are awarded a grant, during the project period.

[[Page 18125]]

    You can obtain a DUNS number from Dun and Bradstreet at the 
following Web site: http://fedgov.dnb.com/webform. A DUNS number can be 
created within one to two business days.
    If you are a corporate entity, agency, institution, or 
organization, you can obtain a TIN from the Internal Revenue Service. 
If you are an individual, you can obtain a TIN from the Internal 
Revenue Service or the Social Security Administration. If you need a 
new TIN, please allow two to five weeks for your TIN to become active.
    The SAM registration process can take approximately seven business 
days, but may take upwards of several weeks, depending on the 
completeness and accuracy of the data you enter into the SAM database. 
Thus, if you think you might want to apply for Federal financial 
assistance under a program administered by the Department, please allow 
sufficient time to obtain and register your DUNS number and TIN. We 
strongly recommend that you register early.
    If you are currently registered with SAM, you may not need to make 
any changes. However, please make certain that the TIN associated with 
your DUNS number is correct. Also note that you will need to update 
your registration annually. This may take three or more business days.
    Information about SAM is available at www.SAM.gov. To further 
assist you with obtaining and registering your DUNS number and TIN in 
SAM or updating your existing SAM account, we have prepared a SAM.gov 
Tip Sheet, which you can find at: http://www2.ed.gov/fund/grant/apply/sam-faqs.html.
    7. Other Submission Requirements: Applications for grants under 
this program must be submitted electronically unless you qualify for an 
exception to this requirement in accordance with the instructions in 
this section.

a. Electronic Submission of Applications

    Applications for grants under the Formula Grants program, CFDA 
number 84.060A, must be submitted electronically using the EASIE 
application located in the EDFacts System Portal at https://eden.ed.gov.
    Applications submitted in paper format will be rejected unless you 
qualify for one of the exceptions to the electronic submission 
requirement described later in this section under Exception to 
Electronic Submission Requirement, and follow the submission rules 
outlined therein.
    Electronic Application System for Indian Education (EASIE): EASIE 
is an easy-to-use, electronic application found in the EdFacts System 
Portal at https://eden.ed.gov. The EASIE application is divided into 
two parts.
    In Part I, applicants submit their Indian student count and select 
the application time span.
    In Part II, all applicants must--
    (1) Select the type of program being submitted as either regular 
formula grant program, formula grant project consolidated with a title 
I schoolwide program, or integration of services under section 6116 of 
the ESEA;
    (2) Select the grade levels offered by the LEA or BIE school 
district;
    (3) Identify, from a list of possible Department grant programs 
(e.g., ESEA title I), the programs in the LEA that are currently 
coordinated with a title VI project, or with which the school district 
plans to coordinate during the project year, in accordance with section 
6114(c)(5) of the ESEA and describe the coordination of services for 
AI/AN students with those grant programs;
    (4) Identify specific project objectives that will further the goal 
of providing culturally responsive education for AI/AN students to meet 
their academic needs and help them meet State achievement standards, 
and identify the data sources that will be used to measure progress 
towards meeting project objectives and on which grantees will report in 
the annual performance report after the grant year closes;
    (5) Describe the professional development opportunities that will 
be provided as part of your coordination of services to ensure that 
teachers and other school professionals who are new to the Indian 
community are prepared to work with Indian children, and that all 
teachers who will be involved in programs assisted by this grant have 
been properly trained to carry out such programs;
    (6) Provide information on how the State assessment data of all 
Indian students (not just those served) are used. Indicate how you plan 
to disseminate information to the Indian community, parent committee, 
and Indian tribes whose children are served by the LEA and how 
assessment data from the previous school year were used, as required by 
section 6114(6)(C) of the ESEA;
    (7) Indicate when a public hearing was held for FY 2017;
    (8) For LEA applicants or a consortium of LEAs, describe the 
process the LEA(s) used to meaningfully collaborate with Indian tribes 
located in the community in a timely, active, and ongoing manner in the 
development of the comprehensive program and the actions taken as a 
result of such collaboration;
    (9) Identify your specific project objectives towards the goal of 
providing culturally responsive education for AI/AN students to meet 
their academic needs and help them meet State achievement standards;
    (10) For an LEA that selects a schoolwide application, identify in 
its application how the use of such funds in a schoolwide program will 
produce benefits to Indian students that would not be achieved if the 
funds were not used in a schoolwide program; and
    (11) Submit a program budget based on the estimated grant amount 
that the EASIE system calculates from the Indian student count you 
submitted in EASIE Part I. After the initial grant amounts are 
determined, additional funds may become available due to such 
circumstances as withdrawn applications or reduction in an applicant's 
student count. An applicant whose award amount increases or decreases 
more than $5,000 must submit a revised budget prior to receiving its 
grant award but will not need to re-certify its application. For an 
applicant that receives an increase or decrease in its award of less 
than $5,000, there will be no need for further action. For an applicant 
that receives an increased award amount following submission of its 
original budget, the applicant must allocate the increased amount only 
to previously approved budget categories.

    Note:  Applicants in designing their projects and preparing 
their required General Education Provisions Act (GEPA) section 427 
assurance, will need to address barriers to participation for 
individuals, including individuals with disabilities and limited 
English proficiency, and must consider the steps they will take to 
ensure equitable participation of all children and families in the 
project, in compliance with civil rights obligations. (Section 427 
requires each applicant to include in its application a description 
of the steps the applicant proposes to take to ensure equitable 
access to, and participation in, its federally assisted program for 
students, teachers, and other program beneficiaries with special 
needs.)

    Registration for Formula Grant EASIE: Applicants must be registered 
for Formula Grant EASIE before the Part I application deadline date. 
The Part I application deadline date for FY 2017 is April 28, 2017.
    Certification for Formula Grant EASIE: The applicant's authorized 
representative, who must be authorized by the applicant to legally bind 
the applicant, must certify Part II. Only users with the role type 
``managing user'' or ``certifying official user'' in the EASIE system 
can certify an application.

[[Page 18126]]

Your project's contact information should contain at least three system 
users with valid email addresses for the project director and 
authorized representative or another party designated to answer 
questions in the event the project director is unavailable. The 
certification process ensures that the information in the application 
is true, reliable, and valid. An applicant that provides a false 
statement in the application is subject to penalties under the False 
Claims Act, 18 U.S.C. 1001.
    Exception to Electronic Submission Requirement: You qualify for an 
exception to the electronic submission requirement, and may submit your 
application in paper format, if you are unable to submit an application 
through the EASIE system because--
     You do not have access to the Internet; or
     You do not have the capacity to upload documents to the 
EASIE system;
    and
     No later than two weeks before the application deadline 
date for Part I (14 calendar days or, if the fourteenth calendar day 
before the application deadline date falls on a Federal holiday, the 
next business day following the Federal holiday), you mail or fax a 
written statement to the Department, explaining which of the two 
grounds for an exception prevents you from using the Internet to submit 
your application.
    If you mail your written statement to the Department, it must be 
postmarked no later than two weeks before the Part I application 
deadline date. If you fax your written statement to the Department, we 
must receive the faxed statement no later than two weeks before the 
Part I application deadline date.
    Address and mail or fax your statement to: Bernard Garcia, U.S. 
Department of Education, Office of Indian Education, 400 Maryland 
Avenue SW., Room 3W115, Washington, DC 20202-6335. FAX: (202) 205-0606.
    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.

b. Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier) your application to the Department. You must mail 
the original and two copies of your application, on or before the 
application deadline dates for both Part I and Part II, to the 
Department at the following address: U.S. Department of Education, 
Office of Indian Education, Attention: CFDA Number 84.060A, 400 
Maryland Avenue SW., Room 3W115, Washington, DC 20202-6335.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark.
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service.
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier.
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark.
    (2) A mail receipt that is not dated by the U.S. Postal Service.

    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

    We will not consider applications postmarked after the application 
deadline date for Part I or Part II.

c. Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the original 
and two copies of your application by hand, on or before the 
application deadline dates for both Part I and Part II, to the 
Department at the following address: U.S. Department of Education, 
Office of Indian Education, Attention: CFDA Number 84.060A, 400 
Maryland Avenue SW., Room 3W115, Washington, DC 20202-6335.
    The program office accepts hand deliveries daily between 8:00 a.m. 
and 4:30:00 p.m., Washington, DC time, except Saturdays, Sundays, and 
Federal holidays.

    Note for Mail or Hand Delivery of Paper Applications:  If you 
mail or hand deliver your application to the Department--
    (1) You must indicate on the envelope and--if not provided by 
the Department--in Item 11 of the SF 424 the CFDA number, including 
suffix letter, if any, of the program under which you are submitting 
your application; and
    (2) The program office will mail you a notification of receipt 
of your grant application. If you do not receive this notification 
within 15 business days from the application deadline date, you 
should contact the program office at (202) 260-3774.

V. Grant Administration Information

    1. Risk Assessment and Special Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this program the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose special conditions and, in 
appropriate circumstances, high-risk conditions on a grant if the 
applicant or grantee is not financially stable; has a history of 
unsatisfactory performance; has a financial or other management system 
that does not meet the standards in 2 CFR part 200, subpart D; has not 
fulfilled the conditions of a prior grant; or is otherwise not 
responsible.
    2. Administrative and National Policy Requirements: We identify 
administrative and national policy requirements in the application 
package and reference these and other requirements in the Applicable 
Regulations section of this notice. We reference the regulations 
outlining the terms and conditions of a grant in the Applicable 
Regulations section of this notice.
    3. Reporting: (a) If you apply for a grant under this program, you 
must ensure that you have in place the necessary processes and systems 
to comply with the reporting requirements in 2 CFR part 170 should you 
receive funding. This does not apply if you have an exception under 2 
CFR 170.110(b).
    (b) You must submit a performance report using the EDFacts System 
Portal at https://eden.ed.gov, including financial information, as 
directed by the Secretary, within 90 days after the close of the grant 
year. The performance report is located within the EDFacts System 
Portal as Part III.
    (c) Under 34 CFR 75.250(b), the Secretary may provide a grantee 
with additional funding for data collection analysis and reporting. In 
this case the Secretary establishes a data collection period.
    4. Performance Measures: The Secretary has established the 
following key performance measures for assessing the effectiveness and 
efficiency of the Formula Grants program: (1) The percentage of AI/AN 
students in grades four and eight who score at or above the basic level 
in reading on the National Assessment of Educational Progress (NAEP); 
(2) the percentage of AI/AN students in grades four and eight who score 
at or above the basic level in mathematics on the NAEP; (3) the 
percentage of AI/AN students in grades three through eight meeting 
State achievement standards by scoring at or above the proficient level 
in reading and mathematics on State assessments; (4)

[[Page 18127]]

the difference between the percentage of AI/AN students in grades three 
through eight at or above the proficient level in reading and 
mathematics on State assessments and the percentage of all students 
scoring at those levels; (5) the percentage of AI/AN students who 
graduate from high school as measured by the four-year adjusted cohort 
graduation rate; and (6) the percentage of funds used by grantees prior 
to award close-out.
    5. Integrity and Performance System: If you receive an award under 
this grant program that over the course of the project period may 
exceed the simplified acquisition threshold (currently $150,000), under 
2 CFR 200.205(a)(2) we must make a judgment about your integrity, 
business ethics, and record of performance under Federal awards--that 
is, the risk posed by you as an applicant--before we make an award. In 
doing so, we must consider any information about you that is in the 
integrity and performance system (currently referred to as the Federal 
Awardee Performance and Integrity Information System (FAPIIS)), 
accessible through SAM. You may review and comment on any information 
about yourself that a Federal agency previously entered and that is 
currently in FAPIIS.
    Please note that, if the total value of your currently active 
grants, cooperative agreements, and procurement contracts from the 
Federal Government exceeds $10,000,000, the reporting requirements in 2 
CFR part 200, Appendix XII, require you to report certain integrity 
information to FAPIIS semiannually. Please review the requirements in 2 
CFR part 200, Appendix XII, if this grant plus all the other Federal 
funds you receive exceed $10,000,000.

VI. Agency Contacts

FOR FURTHER INFORMATION CONTACT: For questions about the Formula Grants 
program, contact Bernard Garcia, U.S. Department of Education, 400 
Maryland Avenue SW., Room 3W115, Washington, DC 20202-6335. Telephone: 
(202) 260-1454 or by email: Bernard.Garcia@ed.gov. For questions about 
the EASIE application and uploading documentation, contact the EDFacts 
PSC, telephone: 877-457-3336 (877-HLP-EDEN) or by email at: 
eden_OIE@ed.gov.
    If you use a telecommunications device for the deaf or a text 
telephone, call the EDFacts PSC, toll free, at 1-888-403-3336 (888-403-
EDEN).

VII. Other Information

    Accessible Format: Individuals with disabilities can obtain this 
document and a copy of the application package in an accessible format 
(e.g., braille, large print, audiotape, or compact disc) by contacting 
the EDFacts PSC listed under Agency Contacts in section VI of this 
notice.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
Internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site you can view this document, as well 
as other documents of this Department published in the Federal Register 
in text or PDF. To use PDF you must have Adobe Acrobat Reader, which is 
available free at the site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: April 12, 2017.
Monique M. Chism,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2017-07732 Filed 4-14-17; 8:45 am]
 BILLING CODE 4000-01-P



                                                                                 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                               18123

                                                     • The average amount of time                         not be considered for funding. The Office of          the schools; and if appropriate, Indian
                                                  involved in preparing to complete the                   Indian Education recommends uploading the             students attending secondary schools of the
                                                  application.                                            documentation at least two days prior to each         LEA (ESEA section 6114(c)(4)). The majority
                                                     The ABM is largely driven by the                     deadline date to ensure that any potential            of the parent committee members must be
                                                                                                          submission issues are resolved prior to the           parents and family members of Indian
                                                  number of potential applicants for the
                                                                                                          Part II application deadline.                         children (ESEA section 6114(c)(4)).
                                                  application cycle. The total application
                                                  projection for 2018–2019 is based upon                                                                           Definitions: The following definition
                                                                                                          I. Funding Opportunity Description                    is from section 6112(d)(3) of the ESEA:
                                                  two factors—estimating the growth rate
                                                  of the total enrollment into post-                         Purpose of Program: The Indian                        Indian community-based organization
                                                  secondary education and applying the                    Education Formula Grants to Local                     means any organization that is
                                                  growth rate to the FAFSA submissions.                   Educational Agencies (Formula Grants)                 composed primarily of Indian parents,
                                                  The ABM is also based on the                            program provides grants to support local              family members and community
                                                  application options available to students               educational agencies (LEAs), Indian                   members, tribal government educational
                                                  and parents. ED accounts for each                       tribes and organizations, and other                   officials, and tribal members, from a
                                                  application component based on Web                      eligible entities in developing                       specific community; assists in the
                                                  trending tools, survey information and                  elementary and secondary school                       social, cultural, and educational
                                                  other ED data sources.                                  programs that serve Indian students.                  development of Indians in such
                                                     For 2018–2019, ED is reporting a net                 The U.S. Department of Education                      community; meets the unique cultural,
                                                  burden increase of 5,790,741 hours.                     (Department) funds comprehensive                      language, and academic needs of Indian
                                                                                                          programs that are designed to meet the                students; and demonstrates
                                                    Dated: April 11, 2017.
                                                                                                          unique cultural, language, and                        organizational and administrative
                                                  Kate Mullan,                                            educational needs of American Indian                  capacity to manage the grant.
                                                  Acting Director, Information Collection                 and Alaska Native (AI/AN) students and
                                                  Clearance Division, Office of the Chief Privacy                                                               Statutory Hiring Preference
                                                                                                          ensure that all students meet
                                                  Officer, Office of Management.                                                                                  (a) Awards that are primarily for the
                                                                                                          challenging State academic standards.
                                                  [FR Doc. 2017–07620 Filed 4–14–17; 8:45 am]                As authorized under section 6116 of                benefit of Indians are subject to the
                                                  BILLING CODE 4000–01–P                                  the Elementary and Secondary                          provisions of section 7(b) of the Indian
                                                                                                          Education Act of 1965 (ESEA), as                      Self-Determination and Education
                                                                                                          amended by the Every Student Succeeds                 Assistance Act (Pub. L. 93–638). That
                                                  DEPARTMENT OF EDUCATION                                 Act (ESSA),1 the Secretary will, upon                 section requires that, to the greatest
                                                                                                          receipt of an acceptable plan for the                 extent feasible, a grantee—
                                                  Application for New Awards; Indian                                                                              (1) Give to Indians preferences and
                                                  Education Formula Grants to Local                       integration of education and related
                                                                                                          services, and in cooperation with other               opportunities for training and
                                                  Educational Agencies; Part II of the                                                                          employment in connection with the
                                                  Formula Grant Electronic Application                    relevant Federal agencies, authorize the
                                                                                                          entity receiving the funds under this                 administration of the grant; and
                                                  System for Indian Education (EASIE)                                                                             (2) Give to IOs and to Indian-owned
                                                  Applications                                            program to consolidate all Federal funds
                                                                                                          that are to be used exclusively for                   economic enterprises, as defined in
                                                  AGENCY: Office of Elementary and                        Indian students. Instructions for                     section 3 of the Indian Financing Act of
                                                  Secondary Education, Department of                      submitting an integration of education                1974 (25 U.S.C. 1452(e)), preference in
                                                  Education.                                              and related services plan are included                the award of contracts in connection
                                                  ACTION: Notice.                                         in the EASIE, which is described under                with the administration of the grant.
                                                                                                          Application Process and Submission                      (b) For purposes of this section, an
                                                  Overview Information                                    Information in section IV of this notice.             Indian is a member of any federally
                                                                                                                                                                recognized Indian tribe.
                                                  Indian Education Formula Grants to                         Note: Under the Formula Grants program,
                                                                                                          all applicants are required to develop the               Program Authority: 20 U.S.C. 7421 et seq.
                                                  Local Educational Agencies
                                                                                                          project for which an application is made in             Applicable Regulations: (a) The
                                                    Notice inviting applications for new                  open consultation with parents and teachers           Education Department General
                                                  awards for fiscal year (FY) 2017.                       of Indian children, representatives of Indian
                                                                                                                                                                Administrative Regulations (EDGAR) in
                                                    Catalog of Federal Domestic                           tribes on Indian lands located within 50
                                                                                                          miles of any school that the LEA will serve           34 CFR parts 75, 77, 79, 81, 82, 84, 97,
                                                  Assistance (CFDA) Number: 84.060A.                                                                            98, and 99. (b) The Office of
                                                                                                          if such tribes have any children in such
                                                  Dates                                                   school, Indian organizations (IOs), and, if           Management and Budget Guidelines to
                                                    Part II of EASIE Applications                         appropriate, Indian students from secondary           Agencies on Governmentwide
                                                  Available: May 17, 2017.                                schools, including through public hearings            Debarment and Suspension
                                                                                                          held to provide to the individuals described          (Nonprocurement) in 2 CFR part 180, as
                                                    Deadline for Transmittal of Part II
                                                                                                          above a full opportunity to understand the            adopted and amended as regulations of
                                                  Applications: June 15, 2017.                            program and to offer recommendations                  the Department in 2 CFR part 3485. (c)
                                                    Note: Applicants must meet the deadlines              regarding the program (ESEA section
                                                                                                                                                                The Uniform Administrative
                                                  for both EASIE Part I and Part II to be eligible        6114(c)(3)(C)). LEA applicants are required to
                                                  to receive a grant. This notice inviting                develop the project for which an application          Requirements, Cost Principles, and
                                                  applications only announces dates for EASIE             is made with the participation and written            Audit Requirements for Federal Awards
                                                  Part II. The notice inviting applications for           approval of a parent committee whose                  in 2 CFR part 200, as adopted and
                                                  EASIE Part I was published on March 13,                 membership includes parents and family                amended as regulations of the
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                                                  2017. Any application that does not meet the            members of Indian children in the LEA’s               Department in 2 CFR part 3474.
                                                  Part I and Part II deadlines will not be                schools; representatives of Indian tribes on
                                                                                                                                                                  Note: The regulations in 34 CFR part 79
                                                  considered for funding. Failure to submit the           Indian lands located within 50 miles of any
                                                                                                                                                                apply to all applicants except federally
                                                  required supplemental documentation,                    school that the LEA will serve if such tribes
                                                                                                                                                                recognized Indian tribes.
                                                  described under Content and Form of                     have any children in such school; teachers in
                                                  Application Submission in section IV of this
                                                  notice, by the EASIE Part II deadline will                1 All references to the ESEA refer to the ESEA as
                                                                                                                                                                II. Award Information
                                                  result in an incomplete application that will           amended by the ESSA.                                     Type of Award: Formula grants.


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                                                  18124                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                     Estimated Available Funds: The                       large print, audiotape, or compact disc)              form no later than the deadline for
                                                  Further Continuing and Security                         by contacting the EDFacts PSC listed                  transmittal of EASIE Part II, which is
                                                  Assistance Appropriations Act, 2017,                    under Agency Contacts in section VI of                June 15, 2017. The required form is
                                                  would provide, on an annualized basis,                  this notice.                                          available in EASIE.
                                                  $100,190,176 for Indian Education                          2. Content and Form of Application                    3. Submission Dates and Times:
                                                  Formula Grants to LEAs. The actual                      Submission: Requirements concerning                      Part II of the Formula Grant EASIE
                                                  level of funding, if any, depends on                    the content of an application, together               Applications Available: May 17, 2017.
                                                  final congressional action. However, we                 with the forms you must submit, are in                   Deadline for Transmittal of Part II
                                                  are inviting applications to allow                      EASIE.                                                Applications: June 15, 2017, 8:00:00
                                                  enough time to complete the grant                          a. Changes for EASIE PART II for FY                p.m., Washington, DC time.
                                                  process if Congress appropriates funds                  2017 due to the ESEA reauthorization:                    Applications for grants under this
                                                  for this program.                                          (i) Meaningful collaboration with                  program must be submitted
                                                     Estimated Range of Awards: $3,000 to                 tribes. In the application, each LEA                  electronically using EASIE. For
                                                  $3,058,055.                                             applicant will describe the process it                information (including dates and times)
                                                     Estimated Average Size of Awards:                    used to meaningfully collaborate with                 about how to submit your application
                                                  $77,069.                                                Indian tribes located in the community                electronically, or in paper format by
                                                     Estimated Number of Awards: 1,300.                   in a timely, active, and ongoing manner               mail or hand delivery if you qualify for
                                                                                                          in the development of the                             an exception to the electronic
                                                    Note: The Department is not bound by any              comprehensive program, and the actions
                                                  estimates in this notice.                                                                                     submission requirements, please refer to
                                                                                                          taken as a result of such collaboration               Other Submission Requirements in
                                                     Project Period: 12 months.                           (ESEA section 6114(b)(7)).                            section IV of this notice.
                                                                                                             (ii) Grant objectives. Three allowable                We do not consider an application
                                                  III. Eligibility Information
                                                                                                          activities have been added under the                  that does not comply with the deadline
                                                     1. Eligible Applicants: The following                program, and one allowable activity has               requirements.
                                                  entities are eligible under this program:               been removed. The new allowable                          Individuals with disabilities who
                                                  Certain LEAs, including charter schools                 activities are: Activities that support               need an accommodation or auxiliary aid
                                                  authorized as LEAs under State law, as                  Native American language programs,                    in connection with the application
                                                  prescribed by section 6112(b) of the                    which may be taught by traditional                    process should contact the person listed
                                                  ESEA; certain schools funded by the                     leaders; dropout prevention strategies;               under FOR FURTHER INFORMATION
                                                  Bureau of Indian Education of the U.S.                  and strategies to meet the education                  CONTACT in section VI of this notice. If
                                                  Department of the Interior (BIE), as                    needs of at-risk Indian youth in                      the Department provides an
                                                  prescribed by section 6113(d) of the                    correctional facilities, or in transition             accommodation or auxiliary aid to an
                                                  ESEA; Indian tribes and IOs under                       from such facilities. The removed                     individual with a disability in
                                                  certain conditions, as prescribed by                    activity is: Incorporating Indian-specific            connection with the application
                                                  section 6112(c) of the ESEA; and Indian                 content into the LEA curriculum (ESEA                 process, the individual’s application
                                                  community-based organizations                           section 6115(b)).                                     remains subject to all other
                                                  (ICBOs), as prescribed by section                          (iii) Schoolwide applicant’s objectives            requirements and limitations in this
                                                  6112(d)(1) of the ESEA. Consortia of two                and use of funds. An LEA that selects                 notice.
                                                  or more LEAs, Indian tribes, IOs, and                   a schoolwide application will identify                   4. Intergovernmental Review: This
                                                  ICBOs are also eligible under certain                   in its application how the use of such                program is not subject to Executive
                                                  circumstances, as prescribed by section                 funds in a schoolwide program will                    Order 12372 and the regulations in 34
                                                  6112(a)(4) of the ESEA.                                 produce benefits to Indian students that              CFR part 79.
                                                     2. a. Cost Sharing or Matching: This                 would not be achieved if the funds were                  5. Funding Restrictions: Not more
                                                  program does not require cost sharing or                not used in a schoolwide program                      than 5 percent of the funds provided to
                                                  matching.                                               (ESEA section 6115(c)(3)).                            a grantee may be used for administrative
                                                     b. Supplement-Not-Supplant: This                        (iv) Budget limitation on the use of               costs (ESEA section 6115(d)). We
                                                  program involves supplement-not-                        funds. Funds may not be used for long-                reference regulations outlining other
                                                  supplant funding requirements. Section                  distance travel expenses for training                 funding restrictions in the Applicable
                                                  6114(c)(1) of the ESEA requires an LEA                  activities that are available locally or              Regulations section of this notice.
                                                  to use these grant funds only to                        regionally (ESEA section 6115(e)).                       6. Data Universal Numbering System
                                                  supplement the funds that, in the                          (v) Parent Committee Approval (PCA)                Number, Taxpayer Identification
                                                  absence of these Federal funds, such                    form. The PCA form has been updated                   Number, and System for Award
                                                  agency would make available for                         to reflect the changes to the composition             Management: To do business with the
                                                  services described in this application,                 of the parent committee. Signers of the               Department of Education, you must—
                                                  and not to supplant such funds.                         PCA form can include parents and                         a. Have a Data Universal Numbering
                                                                                                          family members of Indian children in                  System (DUNS) number and a Taxpayer
                                                  IV. Application and Submission                          the LEA’s schools; representatives of                 Identification Number (TIN);
                                                  Information                                             Indian tribes; teachers in the schools;                  b. Register both your DUNS number
                                                    1. How To Request an Application                      and, if applicable, Indian students                   and TIN with the System for Award
                                                  Package: You can obtain a login and                     attending secondary schools of the                    Management (SAM), the Government’s
                                                  password for the electronic application                 agency. The majority of the parent                    primary registrant database;
                                                  for grants under this program by                        committee must be parents and family                     c. Provide your DUNS number and
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                                                  contacting the EDFacts Partner Support                  members of Indian children (ESEA                      TIN on your application; and
                                                  Center (EDFacts PSC) listed under                       section 6114(c)(4)).                                     d. Maintain an active SAM
                                                  Agency Contacts in section VI of this                      b. Supplementary Documentation: For                registration with current information
                                                  notice.                                                 an applicant that is an LEA or consortia              while your application is under review
                                                    Individuals with disabilities can                     of LEAs, the EASIE application requires               by the Department and, if you are
                                                  obtain a copy of the application package                the electronic Portable Document                      awarded a grant, during the project
                                                  in an accessible format (e.g., braille,                 Format (PDF) submission of the PCA                    period.


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                                                                                 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                                 18125

                                                     You can obtain a DUNS number from                       Electronic Application System for                  the comprehensive program and the
                                                  Dun and Bradstreet at the following                     Indian Education (EASIE): EASIE is an                 actions taken as a result of such
                                                  Web site: http://fedgov.dnb.com/                        easy-to-use, electronic application                   collaboration;
                                                  webform. A DUNS number can be                           found in the EdFacts System Portal at                    (9) Identify your specific project
                                                  created within one to two business days.                https://eden.ed.gov. The EASIE                        objectives towards the goal of providing
                                                     If you are a corporate entity, agency,               application is divided into two parts.                culturally responsive education for AI/
                                                  institution, or organization, you can                      In Part I, applicants submit their                 AN students to meet their academic
                                                  obtain a TIN from the Internal Revenue                  Indian student count and select the                   needs and help them meet State
                                                  Service. If you are an individual, you                  application time span.                                achievement standards;
                                                  can obtain a TIN from the Internal                         In Part II, all applicants must—                      (10) For an LEA that selects a
                                                  Revenue Service or the Social Security                     (1) Select the type of program being               schoolwide application, identify in its
                                                  Administration. If you need a new TIN,                  submitted as either regular formula                   application how the use of such funds
                                                  please allow two to five weeks for your                 grant program, formula grant project                  in a schoolwide program will produce
                                                  TIN to become active.                                   consolidated with a title I schoolwide                benefits to Indian students that would
                                                     The SAM registration process can take                program, or integration of services                   not be achieved if the funds were not
                                                  approximately seven business days, but                  under section 6116 of the ESEA;                       used in a schoolwide program; and
                                                                                                             (2) Select the grade levels offered by                (11) Submit a program budget based
                                                  may take upwards of several weeks,
                                                                                                          the LEA or BIE school district;                       on the estimated grant amount that the
                                                  depending on the completeness and
                                                                                                             (3) Identify, from a list of possible              EASIE system calculates from the Indian
                                                  accuracy of the data you enter into the
                                                                                                          Department grant programs (e.g., ESEA                 student count you submitted in EASIE
                                                  SAM database. Thus, if you think you
                                                                                                          title I), the programs in the LEA that are            Part I. After the initial grant amounts are
                                                  might want to apply for Federal
                                                                                                          currently coordinated with a title VI                 determined, additional funds may
                                                  financial assistance under a program
                                                                                                          project, or with which the school                     become available due to such
                                                  administered by the Department, please
                                                                                                          district plans to coordinate during the               circumstances as withdrawn
                                                  allow sufficient time to obtain and
                                                                                                          project year, in accordance with section              applications or reduction in an
                                                  register your DUNS number and TIN.
                                                                                                          6114(c)(5) of the ESEA and describe the               applicant’s student count. An applicant
                                                  We strongly recommend that you
                                                                                                          coordination of services for AI/AN                    whose award amount increases or
                                                  register early.
                                                                                                          students with those grant programs;                   decreases more than $5,000 must submit
                                                     If you are currently registered with                    (4) Identify specific project objectives           a revised budget prior to receiving its
                                                  SAM, you may not need to make any                       that will further the goal of providing               grant award but will not need to re-
                                                  changes. However, please make certain                   culturally responsive education for AI/               certify its application. For an applicant
                                                  that the TIN associated with your DUNS                  AN students to meet their academic                    that receives an increase or decrease in
                                                  number is correct. Also note that you                   needs and help them meet State                        its award of less than $5,000, there will
                                                  will need to update your registration                   achievement standards, and identify the               be no need for further action. For an
                                                  annually. This may take three or more                   data sources that will be used to                     applicant that receives an increased
                                                  business days.                                          measure progress towards meeting                      award amount following submission of
                                                     Information about SAM is available at                project objectives and on which grantees              its original budget, the applicant must
                                                  www.SAM.gov. To further assist you                      will report in the annual performance                 allocate the increased amount only to
                                                  with obtaining and registering your                     report after the grant year closes;                   previously approved budget categories.
                                                  DUNS number and TIN in SAM or                              (5) Describe the professional
                                                  updating your existing SAM account,                                                                             Note: Applicants in designing their
                                                                                                          development opportunities that will be                projects and preparing their required General
                                                  we have prepared a SAM.gov Tip Sheet,                   provided as part of your coordination of              Education Provisions Act (GEPA) section 427
                                                  which you can find at: http://                          services to ensure that teachers and                  assurance, will need to address barriers to
                                                  www2.ed.gov/fund/grant/apply/sam-                       other school professionals who are new                participation for individuals, including
                                                  faqs.html.                                              to the Indian community are prepared to               individuals with disabilities and limited
                                                     7. Other Submission Requirements:                    work with Indian children, and that all               English proficiency, and must consider the
                                                  Applications for grants under this                      teachers who will be involved in                      steps they will take to ensure equitable
                                                  program must be submitted                                                                                     participation of all children and families in
                                                                                                          programs assisted by this grant have                  the project, in compliance with civil rights
                                                  electronically unless you qualify for an                been properly trained to carry out such               obligations. (Section 427 requires each
                                                  exception to this requirement in                        programs;                                             applicant to include in its application a
                                                  accordance with the instructions in this                   (6) Provide information on how the                 description of the steps the applicant
                                                  section.                                                State assessment data of all Indian                   proposes to take to ensure equitable access
                                                                                                          students (not just those served) are used.            to, and participation in, its federally assisted
                                                  a. Electronic Submission of                                                                                   program for students, teachers, and other
                                                  Applications                                            Indicate how you plan to disseminate
                                                                                                          information to the Indian community,                  program beneficiaries with special needs.)
                                                    Applications for grants under the                     parent committee, and Indian tribes                     Registration for Formula Grant EASIE:
                                                  Formula Grants program, CFDA number                     whose children are served by the LEA                  Applicants must be registered for
                                                  84.060A, must be submitted                              and how assessment data from the                      Formula Grant EASIE before the Part I
                                                  electronically using the EASIE                          previous school year were used, as                    application deadline date. The Part I
                                                  application located in the EDFacts                      required by section 6114(6)(C) of the                 application deadline date for FY 2017 is
                                                  System Portal at https://eden.ed.gov.                   ESEA;                                                 April 28, 2017.
                                                    Applications submitted in paper                          (7) Indicate when a public hearing                   Certification for Formula Grant
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                                                  format will be rejected unless you                      was held for FY 2017;                                 EASIE: The applicant’s authorized
                                                  qualify for one of the exceptions to the                   (8) For LEA applicants or a                        representative, who must be authorized
                                                  electronic submission requirement                       consortium of LEAs, describe the                      by the applicant to legally bind the
                                                  described later in this section under                   process the LEA(s) used to meaningfully               applicant, must certify Part II. Only
                                                  Exception to Electronic Submission                      collaborate with Indian tribes located in             users with the role type ‘‘managing
                                                  Requirement, and follow the submission                  the community in a timely, active, and                user’’ or ‘‘certifying official user’’ in the
                                                  rules outlined therein.                                 ongoing manner in the development of                  EASIE system can certify an application.


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                                                  18126                          Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices

                                                  Your project’s contact information                      Education, Office of Indian Education,                V. Grant Administration Information
                                                  should contain at least three system                    Attention: CFDA Number 84.060A, 400                      1. Risk Assessment and Special
                                                  users with valid email addresses for the                Maryland Avenue SW., Room 3W115,                      Conditions: Consistent with 2 CFR
                                                  project director and authorized                         Washington, DC 20202–6335.                            200.205, before awarding grants under
                                                  representative or another party                           You must show proof of mailing                      this program the Department conducts a
                                                  designated to answer questions in the                   consisting of one of the following:                   review of the risks posed by applicants.
                                                  event the project director is unavailable.                (1) A legibly dated U.S. Postal Service             Under 2 CFR 3474.10, the Secretary may
                                                  The certification process ensures that                  postmark.                                             impose special conditions and, in
                                                  the information in the application is                                                                         appropriate circumstances, high-risk
                                                  true, reliable, and valid. An applicant                   (2) A legible mail receipt with the
                                                                                                          date of mailing stamped by the U.S.                   conditions on a grant if the applicant or
                                                  that provides a false statement in the                                                                        grantee is not financially stable; has a
                                                  application is subject to penalties under               Postal Service.
                                                                                                            (3) A dated shipping label, invoice, or             history of unsatisfactory performance;
                                                  the False Claims Act, 18 U.S.C. 1001.                                                                         has a financial or other management
                                                     Exception to Electronic Submission                   receipt from a commercial carrier.
                                                                                                                                                                system that does not meet the standards
                                                  Requirement: You qualify for an                           (4) Any other proof of mailing                      in 2 CFR part 200, subpart D; has not
                                                  exception to the electronic submission                  acceptable to the Secretary of the U.S.               fulfilled the conditions of a prior grant;
                                                  requirement, and may submit your                        Department of Education.                              or is otherwise not responsible.
                                                  application in paper format, if you are                   If you mail your application through                   2. Administrative and National Policy
                                                  unable to submit an application through                 the U.S. Postal Service, we do not                    Requirements: We identify
                                                  the EASIE system because––                              accept either of the following as proof               administrative and national policy
                                                     • You do not have access to the                      of mailing:                                           requirements in the application package
                                                  Internet; or                                              (1) A private metered postmark.
                                                     • You do not have the capacity to                                                                          and reference these and other
                                                  upload documents to the EASIE system;                     (2) A mail receipt that is not dated by             requirements in the Applicable
                                                     and                                                  the U.S. Postal Service.                              Regulations section of this notice. We
                                                     • No later than two weeks before the                   Note: The U.S. Postal Service does not
                                                                                                                                                                reference the regulations outlining the
                                                  application deadline date for Part I (14                uniformly provide a dated postmark. Before            terms and conditions of a grant in the
                                                  calendar days or, if the fourteenth                     relying on this method, you should check              Applicable Regulations section of this
                                                  calendar day before the application                     with your local post office.                          notice.
                                                  deadline date falls on a Federal holiday,                                                                        3. Reporting: (a) If you apply for a
                                                                                                            We will not consider applications                   grant under this program, you must
                                                  the next business day following the                     postmarked after the application
                                                  Federal holiday), you mail or fax a                                                                           ensure that you have in place the
                                                                                                          deadline date for Part I or Part II.                  necessary processes and systems to
                                                  written statement to the Department,
                                                  explaining which of the two grounds for                 c. Submission of Paper Applications by                comply with the reporting requirements
                                                  an exception prevents you from using                    Hand Delivery                                         in 2 CFR part 170 should you receive
                                                  the Internet to submit your application.                                                                      funding. This does not apply if you have
                                                     If you mail your written statement to                  If you qualify for an exception to the              an exception under 2 CFR 170.110(b).
                                                  the Department, it must be postmarked                   electronic submission requirement, you                   (b) You must submit a performance
                                                  no later than two weeks before the Part                 (or a courier service) may deliver your               report using the EDFacts System Portal
                                                  I application deadline date. If you fax                 paper application to the Department by                at https://eden.ed.gov, including
                                                  your written statement to the                           hand. You must deliver the original and               financial information, as directed by the
                                                  Department, we must receive the faxed                   two copies of your application by hand,               Secretary, within 90 days after the close
                                                  statement no later than two weeks                       on or before the application deadline                 of the grant year. The performance
                                                  before the Part I application deadline                  dates for both Part I and Part II, to the             report is located within the EDFacts
                                                  date.                                                   Department at the following address:                  System Portal as Part III.
                                                     Address and mail or fax your                         U.S. Department of Education, Office of                  (c) Under 34 CFR 75.250(b), the
                                                  statement to: Bernard Garcia, U.S.                      Indian Education, Attention: CFDA                     Secretary may provide a grantee with
                                                  Department of Education, Office of                      Number 84.060A, 400 Maryland Avenue                   additional funding for data collection
                                                  Indian Education, 400 Maryland                          SW., Room 3W115, Washington, DC                       analysis and reporting. In this case the
                                                  Avenue SW., Room 3W115,                                 20202–6335.                                           Secretary establishes a data collection
                                                  Washington, DC 20202–6335. FAX:                           The program office accepts hand                     period.
                                                  (202) 205–0606.                                         deliveries daily between 8:00 a.m. and                   4. Performance Measures: The
                                                     Your paper application must be                       4:30:00 p.m., Washington, DC time,                    Secretary has established the following
                                                  submitted in accordance with the mail                   except Saturdays, Sundays, and Federal                key performance measures for assessing
                                                  or hand delivery instructions described                 holidays.                                             the effectiveness and efficiency of the
                                                  in this notice.                                            Note for Mail or Hand Delivery of Paper
                                                                                                                                                                Formula Grants program: (1) The
                                                                                                          Applications: If you mail or hand deliver             percentage of AI/AN students in grades
                                                  b. Submission of Paper Applications by                                                                        four and eight who score at or above the
                                                                                                          your application to the Department—
                                                  Mail                                                       (1) You must indicate on the envelope              basic level in reading on the National
                                                     If you qualify for an exception to the               and—if not provided by the Department—in              Assessment of Educational Progress
                                                  electronic submission requirement, you                  Item 11 of the SF 424 the CFDA number,                (NAEP); (2) the percentage of AI/AN
                                                  may mail (through the U.S. Postal                       including suffix letter, if any, of the program       students in grades four and eight who
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                                                  Service or a commercial carrier) your                   under which you are submitting your                   score at or above the basic level in
                                                  application to the Department. You                      application; and                                      mathematics on the NAEP; (3) the
                                                                                                             (2) The program office will mail you a
                                                  must mail the original and two copies                   notification of receipt of your grant
                                                                                                                                                                percentage of AI/AN students in grades
                                                  of your application, on or before the                   application. If you do not receive this               three through eight meeting State
                                                  application deadline dates for both Part                notification within 15 business days from the         achievement standards by scoring at or
                                                  I and Part II, to the Department at the                 application deadline date, you should                 above the proficient level in reading and
                                                  following address: U.S. Department of                   contact the program office at (202) 260–3774.         mathematics on State assessments; (4)


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                                                                                 Federal Register / Vol. 82, No. 72 / Monday, April 17, 2017 / Notices                                            18127

                                                  the difference between the percentage of                and a copy of the application package in              SUPPLEMENTARY INFORMATION:     The Panel
                                                  AI/AN students in grades three through                  an accessible format (e.g., braille, large            was convened by the Department under
                                                  eight at or above the proficient level in               print, audiotape, or compact disc) by                 the Randolph-Sheppard Act (Act), 20
                                                  reading and mathematics on State                        contacting the EDFacts PSC listed under               U.S.C. 107d–1(b), after receiving a
                                                  assessments and the percentage of all                   Agency Contacts in section VI of this                 complaint from the Maryland State
                                                  students scoring at those levels; (5) the               notice.                                               Department of Education (MSDE), the
                                                  percentage of AI/AN students who                           Electronic Access to This Document:                State Licensing Agency (SLA)
                                                  graduate from high school as measured                   The official version of this document is              designated to administer the Randolph-
                                                  by the four-year adjusted cohort                        the document published in the Federal                 Sheppard program in Maryland. Under
                                                  graduation rate; and (6) the percentage                 Register. Free Internet access to the                 20 U.S.C. 107d–2(c) of the Act, the
                                                  of funds used by grantees prior to award                official edition of the Federal Register              Secretary publishes in the Federal
                                                  close-out.                                              and the Code of Federal Regulations is                Register a synopsis of each Panel
                                                     5. Integrity and Performance System:                 available via the Federal Digital System              decision affecting the administration of
                                                  If you receive an award under this grant                at: www.gpo.gov/fdsys. At this site you               vending facilities on Federal and other
                                                  program that over the course of the                     can view this document, as well as other              property.
                                                  project period may exceed the                           documents of this Department
                                                  simplified acquisition threshold                                                                              Background
                                                                                                          published in the Federal Register in text
                                                  (currently $150,000), under 2 CFR                       or PDF. To use PDF you must have                        The complainant, MSDE, filed a
                                                  200.205(a)(2) we must make a judgment                   Adobe Acrobat Reader, which is                        grievance against the respondent, the
                                                  about your integrity, business ethics,                  available free at the site.                           General Services Administration (GSA),
                                                  and record of performance under                            You may also access documents of the               challenging the award of a contract for
                                                  Federal awards—that is, the risk posed                  Department published in the Federal                   cafeteria service. The Panel decided the
                                                  by you as an applicant—before we make                   Register by using the article search                  case on motions for summary judgment.
                                                  an award. In doing so, we must consider                 feature at: www.federalregister.gov.                  The chair and one member sustained
                                                  any information about you that is in the                Specifically, through the advanced                    the grievance, and one member
                                                  integrity and performance system                        search feature at this site, you can limit            dissented.
                                                  (currently referred to as the Federal                                                                           The issue before the Panel was
                                                                                                          your search to documents published by
                                                  Awardee Performance and Integrity                                                                             whether GSA violated the Act when it
                                                                                                          the Department.
                                                  Information System (FAPIIS)),                                                                                 awarded the contract for operation of
                                                  accessible through SAM. You may                           Dated: April 12, 2017.                              cafeteria services to a bidder other than
                                                  review and comment on any                               Monique M. Chism,                                     the SLA and, if so, what was the
                                                  information about yourself that a                       Acting Assistant Secretary for Elementary and         appropriate remedy.
                                                  Federal agency previously entered and                   Secondary Education.                                    MSDE argued that GSA violated the
                                                  that is currently in FAPIIS.                            [FR Doc. 2017–07732 Filed 4–14–17; 8:45 am]           Act by awarding a contract for cafeteria
                                                     Please note that, if the total value of              BILLING CODE 4000–01–P                                service at the Social Security
                                                  your currently active grants, cooperative                                                                     Administration’s cafeteria in Baltimore,
                                                  agreements, and procurement contracts                                                                         Maryland, to a private entity without
                                                  from the Federal Government exceeds                     DEPARTMENT OF EDUCATION                               establishing a competitive range to carry
                                                  $10,000,000, the reporting requirements                                                                       out the Act’s requirement that priority
                                                  in 2 CFR part 200, Appendix XII,                        Arbitration Panel Decision Under the                  be given to blind vendors. The SLA had
                                                  require you to report certain integrity                 Randolph-Sheppard Act                                 submitted a proposal in partnership
                                                  information to FAPIIS semiannually.                                                                           with a blind vendor.
                                                                                                          AGENCY:   Department of Education.                      GSA took the position that it was not
                                                  Please review the requirements in 2 CFR
                                                  part 200, Appendix XII, if this grant                   ACTION:   Notice of arbitration decision.             required to establish a competitive range
                                                  plus all the other Federal funds you                                                                          and that the SLA had confused the
                                                                                                          SUMMARY:   The Department of Education
                                                  receive exceed $10,000,000.                                                                                   requirements of the solicitation, the
                                                                                                          (Department) gives notice that, on June
                                                                                                                                                                Federal Acquisition Regulations (FAR),
                                                  VI. Agency Contacts                                     11, 2015, an arbitration panel (the
                                                                                                                                                                and the Act. Specifically, GSA argued
                                                                                                          Panel) rendered a decision in the matter
                                                  FOR FURTHER INFORMATION CONTACT:      For                                                                     that, while the FAR requires a
                                                                                                          of Maryland Department of Education v.
                                                  questions about the Formula Grants                                                                            competitive range only if discussions
                                                                                                          General Services Administration (Case
                                                  program, contact Bernard Garcia, U.S.                                                                         are held, the solicitation provided that
                                                                                                          no. R–S/13–06).
                                                  Department of Education, 400 Maryland                                                                         GSA could make an award without
                                                  Avenue SW., Room 3W115,                                 FOR FURTHER INFORMATION CONTACT: You                  discussion. GSA further argued that
                                                  Washington, DC 20202–6335.                              may obtain a copy of the full text of the             when there is a single offer that clearly
                                                  Telephone: (202) 260–1454 or by email:                  Panel decision from Donald Brinson,                   exceeds all others and merits direct
                                                  Bernard.Garcia@ed.gov. For questions                    U.S. Department of Education, 400                     award, it can make an award to that
                                                  about the EASIE application and                         Maryland Avenue SW., Room 5045,                       offeror without creating a competitive
                                                  uploading documentation, contact the                    Potomac Center Plaza, Washington, DC                  range.
                                                  EDFacts PSC, telephone: 877–457–3336                    20202–2800. Telephone: (202) 245–
                                                                                                          7310. If you use a telecommunications                 Synopsis of the Panel Decision
                                                  (877–HLP–EDEN) or by email at: eden_
                                                  OIE@ed.gov.                                             device for the deaf or a text telephone,                 At the MSDE’s request, the Panel was
                                                    If you use a telecommunications                       call the Federal Relay Service, toll-free,            convened on June 11, 2015. The Panel
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                                                  device for the deaf or a text telephone,                at 1–800–877–8339.                                    concluded that GSA violated the Act by
                                                  call the EDFacts PSC, toll free, at 1–888–                 Individuals with disabilities can                  failing to establish a competitive range.
                                                  403–3336 (888–403–EDEN).                                obtain this document in an accessible                 The Panel recognized that Congress
                                                                                                          format (e.g., braille, large print,                   established the Act’s priority
                                                  VII. Other Information                                  audiotape, or compact disc) on request                requirement to enhance economic
                                                    Accessible Format: Individuals with                   to the contact person listed under FOR                opportunity for the blind. When a
                                                  disabilities can obtain this document                   FURTHER INFORMATION CONTACT.                          Federal agency solicits services, it is


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Document Created: 2018-08-25 11:26:39
Document Modified: 2018-08-25 11:26:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactFor questions about the Formula Grants program, contact Bernard Garcia, U.S. Department of Education, 400 Maryland Avenue SW., Room 3W115, Washington, DC 20202-6335. Telephone: (202) 260-1454 or by email: [email protected] For questions about the EASIE application and uploading documentation, contact the EDFacts PSC, telephone: 877-457-3336 (877-HLP-EDEN) or by email at: [email protected]
FR Citation82 FR 18123 

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