Proposed Rule2021-25906
Native American Programs
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2021
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
This notice of proposed rulemaking (NPRM) proposes changes to ANA regulations to allow grant recipients to apply for an emergency waiver of part or all of their proposed non-Federal share (NFS) due to emergency circumstances.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 232 (Tuesday, December 7, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 232 (Tuesday, December 7, 2021)]
[Proposed Rules]
[Pages 69215-69217]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-25906]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children and Families
45 CFR Part 1336
RIN 0970-AC88
Native American Programs
AGENCY: Administration for Native Americans (ANA), Administration for
Children and Families (ACF), U.S. Department of Health and Human
Services (HHS).
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: This notice of proposed rulemaking (NPRM) proposes changes to
ANA regulations to allow grant recipients to apply for an emergency
waiver of part or all of their proposed non-Federal share (NFS) due to
emergency circumstances.
DATES: In order to be considered, written comments on this proposed
rule must be received on or before February 7, 2022.
ADDRESSES: You may submit comments, identified by docket number ACF-
2021-004 and/or RIN number, by the following method:
[[Page 69216]]
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Follow the instructions below for submitting comments.
<bullet> Instructions: All submissions received must include the
agency name and docket number or RIN for this rulemaking. All comments
received will be posted without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>,
including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Carmelia Strickland, Administration
for Native Americans, 202-401-6741. Deaf and hearing-impaired
individuals may call the Federal Dual Party Relay Service at 1-800-877-
8339 between 8 a.m. and 7 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
II. Statutory Authority
III. Section by Section Discussion of the Proposed Rule
IV. Regulatory Process Matters
Paperwork Reduction Act of 1995
Regulatory Flexibility Act
Treasury and General Government Appropriations Act of 1999
Unfunded Mandates Reform Act of 1995
Federalism Assessment Executive Order 13132
Congressional Review
Executive Orders 12866 and 13563--Regulatory Impact Analysis
I. Background
Native American Programs Act of 1974
The Native American Programs Act of 1974 (NAPA), Public Law 93-644,
was first enacted on January 4, 1975. The last time substantial
amendments to the NAPA regulations were made was 1996. Section 802 of
the NAPA establishes as its broad statutory purpose the promotion of
``the goal of economic and social self-sufficiency for American
Indians, Native Hawaiians, other Native American Pacific Islanders
(including American Samoan Natives), and Alaska Natives.'' ANA executes
this purpose through the provision of project-based financial
assistance to Native Americans authorized under sections 803 and 803C
of the NAPA, as well as through advocacy on behalf of Native Americans
within HHS and with other departments and agencies of the Federal
Government ``regarding all Federal policies affecting Native
Americans,'' under section 803B (c) of the NAPA.
Goal of This NPRM: Incorporation of Emergency Waiver Provision
Current regulations (45 CFR 1336.50) state that grant recipients
can only apply for a waiver for NFS at the time of application or while
applying for a non-competitive continuation award. The on-going public
health emergency has greatly impacted our recipients. The pandemic has
greatly increased the risk of language and cultural decline among
Native communities with many Elders dying from the COVID-19 virus. As
tribes began closing their revenue generating businesses and other
governmental operations due to the COVID-19 pandemic, they lost income
they needed to fund Federal projects requiring a NFS. In addition,
planned sources of income, such as use of tribal-owned facilities from
which to operate the project, as part of the NFS also diminished. NAPA
requires a 20 percent cost-share and match requirement. ANA's current
cost-share waiver does not allow for a process to address a recipient's
inability to meet the cost-share due to an emergency in the middle of a
budget period. The proposed revisions to the regulations (45 CFR
1336.50(b)(2)(ii)) add a provision allowing grant recipients to apply
for an emergency waiver within the current budget period in order to
remedy this burden.
II. Statutory Authority
Pursuant to 42 U.S.C. 2991b of the NAPA, ANA is authorized to allow
applicants the ability to submit a request for a waiver of the required
20 percent non-Federal cost match, subject to ANA regulations.\1\
---------------------------------------------------------------------------
\1\ Native American Programs Act, 42 U.S.C. 2991b
---------------------------------------------------------------------------
III. Section by Section Discussion of the Proposed Rule
This NPRM proposes changes to 45 CFR part 1336, subpart E,
Financial Assistance Provisions, in Sec. 1336.50. These changes will
have no regulatory burden impact but will provide a waiver provision
and ensure programmatic success of American Indian, Native Hawaiian,
other Native American Pacific Islander (including American Samoan
Natives), and Alaska Native-based recipients.
Section 1336.50 Financial and Administrative Requirements
This section includes the conditions that must be met in order to
submit a 20 percent, non-Federal, cost-sharing or match requirement.
The proposed rule would amend the existing language and application
requirements under Sec. 1336.50(b)(2). Specifically, we propose in
Sec. 1336.50(b)(2)(i) that if an applicant anticipates that they will
be unable to meet the cost-sharing or matching requirement and wishes
to request a waiver of the requirement, they must include with the
application for funding, the submission of a revised SF 424A, a written
justification that clearly explains why the applicant cannot provide
the matching share including the amount of non-Federal share to be
waived, and how it meets the criteria indicated in the revised Sec.
1336.50(b)(3)(ii). The request for a waiver must be submitted at the
time of the initial application or Non-Competing Continuation (NCC)
application.
Further, the proposed rule adds a provision for an emergency waiver
in Sec. 1336.50(b)(2)(ii) to include the ability to request a waiver
during the budget period. If a recipient is unable to contribute part
or all of the required non-Federal matching share during a budget
period due to an emergency situation such as a natural disaster, man-
made disaster, act of terrorism, public health emergency, or other
qualifying event, the recipient may request a waiver of all or part of
the requirement for a 20 percent non-Federal matching share specified
under Sec. 1336.50(b)(1).
Finally, this proposed rule amends the language in Sec.
1336.50(b)(3)(ii). We propose that an applicant should provide evidence
of the emergency situation and document that reasonable efforts to
obtain cash or in-kind contributions for the purposes of the project
from third parties have been unsuccessful, including evidence and the
results of such attempts. Evidence of such efforts can include letters
from possible sources of funding or any relevant correspondence,
indicating that the requested resources are not available for that
project. The requests must be appropriate to the source in terms of
project purpose, applicant eligibility, and reasonableness of the
request.
IV. Regulatory Process Matters
Paperwork Reduction Act of 1995
Section 1336.50(b) does not contain new information collection
requirements. This action does not include any information collection
requirements, only an additional circumstance that would allow for the
submission of the information already outlined in the regulation.
Regulatory Flexibility Act
The Secretary certifies, under 5 U.S.C. 605(b), and enacted by the
Regulatory Flexibility Act (Pub. L. 96, 354), that this proposed rule
will not result in a significant impact on a substantial number of
small entities.
[[Page 69217]]
Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations
Act of 1999 requires Federal agencies to determine whether a proposed
policy or regulation may affect family well-being. If the agency's
determination is affirmative, then the agency must prepare an impact
assessment addressing criteria specified in the law. This regulation
will not have an impact on family well-being as defined in this
legislation, which asks agencies to assess policies with respect to
whether the policy strengthens or erodes family stability and the
authority and rights of parents in the education, nurturing, and
supervision of their children; helps the family perform its functions;
and increases or decreases disposable income.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 requires
that a covered agency prepare a budgetary impact statement before
promulgating a rule that includes any Federal mandate that may result
in the expenditure by state, local, and tribal governments, in the
aggregate, or by the private sector, of $141 million or more in any one
year. The Department has determined that this proposed rule would not
impose a mandate that will result in the expenditure by state, local,
and tribal governments, in the aggregate, or by the private sector, of
more than $100 million in any one year.
Federalism Assessment Executive Order 13132
Executive Order 13132 on federalism applies to policies that have
federalism implications, defined as ``regulations, legislative comments
or proposed legislation, and other policy statements or actions that
have substantial direct effects on the states, or on the distributions
of power and responsibilities among the various levels of government.''
This rulemaking does not have federalism implications for state or
local governments as defined in the Executive order.
Congressional Review
This regulation is not a major rule as defined in 5 U.S.C. 8.
Executive Orders 12866 and 13563--Regulatory Impact Analysis
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if the
regulation is necessary, to select the regulatory approaches that
maximize net benefits (including potential economic, environmental,
public health, and safety effects; distributive impacts; and equity).
Executive Order 13563 emphasizes the importance of quantifying both
costs and benefits, of reducing costs, of harmonizing rules, and of
promoting flexibility. While there are some costs associated with these
regulations, they are not economically significant as defined under
Executive Order 12866. However, the regulation is significant and has
been reviewed by Office of Management and Budget.
The proposed regulation change would benefit recipients that have
been financially impacted by an emergency event and are unable to meet
their matching cost requirement, as required by the grant award. It
would reduce the financial burden to recipients that need a waiver to
provide the 20 percent cost share. Also, there is no cost to the agency
other than the administrative time that it would take to review and
approve the waiver request.
List of Subjects in 45 CFR Part 1336
Disaster assistance, Emergency preparedness, Public health.
JooYeun Chang,
Acting Assistant Secretary for Children and Families.
Approved:
Xavier Becerra,
Secretary.
For reasons stated in the preamble, we propose to amend 45 CFR part
1336 as follows:
PART 1336--NATIVE AMERICAN PROGRAMS
0
1. The authority citation for part 1336 continues to read as follows:
Authority: 42 U.S.C. 2991 et seq.
0
2. Amend Sec. 1336.50 by revising paragraphs (b)(2) and (b)(3)(ii) to
read as follows:
Sec. 1336.50 Financial and administrative requirements.
* * * * *
(b) * * *
(2) Application. If an applicant wishes to request a waiver of the
requirement for a 20 percent non-Federal matching share, the follow
conditions must be met:
(i) If an applicant anticipates that it will be temporarily unable
to meet the cost-sharing or matching requirement, the applicant may
request a waiver of the 20 percent non-Federal matching share. It must
include with its application for funding, the submission of a revised
SF 424A, a written justification that clearly explains why the
applicant cannot provide the matching share including the amount of
non-Federal share to be waived, and how it meets the criteria indicated
in paragraph (b)(3) of this section. A request for a waiver must be
submitted at the time of the initial application or non-competing
continuation (NCC) application.
(ii) If a recipient is unable to contribute part or all of the
required non-Federal matching share during a budget period due to an
emergency situation such as a natural disaster, man-made disaster, act
of terrorism, public health emergency, or other qualifying event, the
recipient may request a waiver of all or part of the requirement for a
20 percent non-Federal matching share specified under paragraph (b)(1)
of this section. Any requests for an emergency waiver may be submitted
at any time during a budget period as soon as the adverse effect is
known to the recipient and must be submitted in accordance with the
requirements specified in paragraph (b)(3) of this section.
(3) * * *
(ii) Applicant should document the reasonable efforts to obtain
cash or in-kind contributions for the purposes of the project from
third parties have been unsuccessful, including evidence and the
results of such attempts. Evidence of such efforts can include letters
from possible sources of funding or any relevant correspondence,
indicating that the requested resources are not available for that
project. The requests must be appropriate to the source in terms of
project purpose, applicant eligibility, and reasonableness of the
request.
* * * * *
[FR Doc. 2021-25906 Filed 12-6-21; 8:45 am]
BILLING CODE 4184-34-P
</pre></body>
</html>Indexed from Federal Register on December 7, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.