Further Reducing Bureaucracy and Burden From the Administration for Native Americans

Issuing agencies

Abstract

The Department of Health and Human Services, Administration for Children and Families proposes to further amend the Native American Programs Act regulations to streamline the part.

Full Text

<html>
<head>
<title>Federal Register, Volume 91 Issue 197 (Wednesday, October 14, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 197 (Wednesday, October 14, 2026)]
[Proposed Rules]
[Pages 65154-65158]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21004]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1336

RIN 0970-AD50


Further Reducing Bureaucracy and Burden From the Administration 
for Native Americans

AGENCY: Administration for Native Americans (ANA), Administration for 
Children and Families (ACF), Department of Health and Human Services 
(HHS).

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services, Administration 
for Children and Families proposes to further amend the Native American 
Programs Act regulations to streamline the part.

DATES: In order to be considered, written comments on this proposed 
rule must be received on or before November 13, 2026.

ADDRESSES: You may submit written comments, identified by docket number 
ACF-2026-0826 and/or RIN number 0970-AD50, by one of the following 
methods:
    <bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#014564736466746d6075686e6f416062672f6969722f666e77"><span class="__cf_email__" data-cfemail="a5e1c0d7c0c2d0c9c4d1cccacbe5c4c6c38bcdcdd68bc2cad3">[email&#160;protected]</span></a>. Include the docket number 
ACF-2026-0826 and/or RIN number 0970-AD50 in the subject line of the 
message.
    Instructions: All submissions received must include the agency name 
and docket number or RIN number for this rulemaking. All comments 
received are a part of the public record and will be posted for public 
viewing on <a href="http://www.regulations.gov">www.regulations.gov</a>, without change. Please be advised that 
the substance of the comments and the identity of individuals or 
entities submitting the

[[Page 65155]]

comments will be subject to public disclosure. The docket on <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include a plain language summary of the notice 
of proposed rulemaking (NPRM).

FOR FURTHER INFORMATION CONTACT: Adam N. Jones, Deputy Chief of Staff, 
Immediate Office of the Assistant Secretary, Administration for 
Children and Families, Department of Health and Human Services, 
Washington, DC 202-417-0115 or <a href="/cdn-cgi/l/email-protection#377352455250425b56435e585977565451195f5f4419505841"><span class="__cf_email__" data-cfemail="8cc8e9fee9ebf9e0edf8e5e3e2ccedefeaa2e4e4ffa2ebe3fa">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Statutory Authority

    This proposed regulation is being issued under the authority 
granted to the Secretary of Health and Human Services by the Native 
American Programs Act of 1974, as amended (42 U.S.C. 2991 et seq.), 
hereafter referred to as the ``Act.''

II. Background

    The Native American Programs Act of 1974 (NAPA), as amended (42 
U.S.C. 2991 et seq.), authorizes the Administration for Native 
Americans (ANA) to promote social development and economic self-
sufficiency in Native communities through competitive grant funding. 
Under Section 803 of NAPA (42 U.S.C. 2991b), ANA provides financial 
assistance on a single-year or multi-year basis to public and nonprofit 
private agencies, including governing bodies of Indian Tribes on 
federal and state reservations, Alaska Native villages and regional 
corporations established under the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.), and public and nonprofit agencies serving 
Native Hawaiians and Indian and Alaska Native organizations in urban or 
rural areas that are not reservations or Alaska Native villages. ANA 
implements its mission through competitive discretionary grants that 
support Native-led, community-based projects aimed at strengthening 
families and communities and reducing long-term dependency through 
social and economic development, Native language preservation, and 
environmental regulatory enhancement. ANA typically provides short-term 
``seed'' funding ranging from 12 to 60 months to help communities 
launch or expand sustainable efforts. In Federal Fiscal Year (FFY) 
2025, ANA awarded a total of $50,738,495, which included new awards and 
continued funding for previously awarded projects. The regulations that 
implement the NAPA, 45 CFR part 1336, were last amended in 2026 by 91 
FR 36756.

III. Executive Summary

    This would follow a final rule that was published in June 2026 (see 
91 FR 36756) that repealed all of Part 1336 except for five sections. 
Those five sections now are fragmented and could be streamlined to ease 
readability and understanding. The five sections that currently remain 
in regulation are titled: Definitions, Notice of ineligibility, Appeal 
of ineligibility, Financial and administrative requirements, and 
Appeals. Many of these sections have language that is duplicative of 
statute, yet components of the section are not duplicative. Therefore, 
this rulemaking proposes to remove the language that is duplicative and 
streamline the remaining text.

Severability

    The provisions of this NPRM, if finalized, are intended to be 
severable, such that, in the event a court were to invalidate any 
particular provision or deem it to be unenforceable, the remaining 
provisions would continue to be valid. The changes address a variety of 
issues relevant to the Administration for Native Americans. None of the 
provisions contained herein are central to an overall intent of the 
proposed rule, nor are any provisions dependent on the validity of 
other, separate provisions.

IV. Discussion of Proposed Changes

Subpart A--Definitions

Sec.  1336.10 Definitions
    Section 1336.10 identifies the definitions that are applicable to 
part 1336, unless context otherwise requires. This proposal removes the 
definition for ``Economic and social self-sufficiency'' as the term is 
not used in the proposed new part. Further, this NPRM seeks to update 
the definition of ``ANA'' as the Administration for Native Americans is 
no longer under the Office of Human Development Services. Therefore, 
this proposal would remove that reference while maintaining the 
remainder of the definition. This rule proposes to also redesignate 
this section from Sec.  1336.10 to Sec.  1336.1 in accordance with the 
proposed streamlining of the part. There are no other proposed changes 
to definitions in this section.

Subpart C--Native American Projects

Sec.  1336.34 Notice of Ineligibility
    Section 1336.34 states the process of notice for an organization if 
the Commissioner determines them to be ineligible for funding, or the 
activities proposed by the organization are ineligible. This NPRM 
proposes to streamline this section by maintaining the requirement that 
if an organization or activities proposed by an organization are 
determined to be ineligible for funding, the Commissioner must inform 
the applicant of this decision and must state the legal and factual 
grounds for which this decision was made. This NPRM seeks to remove the 
detailed requirements that state that a copy of part 1336 must be 
included in that letter, as well as requiring the letter to include the 
template paragraph that currently exists in regulation. The reason for 
this proposal is in part to simplify the regulatory text, which does 
not benefit from including template paragraphs, but also to recognize 
the fact that the address listed in the current section is no longer 
the appropriate office of ANA. This rule proposes to also redesignate 
this section from Sec.  1336.34 to Sec.  1336.2 and retitle it 
``Notices of ineligibility and appeals'' in accordance with the 
proposed streamlining of the part.
Sec.  1336.35 Appeal of Ineligibility
    Section 1336.35 currently identifies the process that must be 
followed to appeal a finding of ineligibility for funding. This section 
is proposed to be removed as the language detailing this appeals 
process conflicts with the Departmental Appeals Board (DAB) procedures 
which are identified in 45 CFR part 16. To simplify the appeals process 
and ensure consistency among other ACF programs, we propose to add a 
new paragraph to proposed section 1336.2 entitled ``appeals'' (proposed 
1336.2(b)) describing that an applicant who has had their application 
rejected because it has been found ineligible for funding or because 
the activities it is proposing are ineligible for funding by the 
Commissioner may appeal the Commissioner's ruling to the DAB following 
the process identified in 45 CFR part 16.

Subpart E--Financial Assistance Provisions

Sec.  1336.50 Financial and Administrative Requirements
    Section 1336.50 currently describes financial and administrative 
requirements applicable to grantees. This section is proposed to be 
streamlined and renumbered as section 1336.3 under the same name. This 
NPRM seeks to remove current Sec.  1336.50(a) as the regulations 
identified in this subpart apply regardless of being cited here. HHS 
accepts that this list may be helpful for grantees to identify which 
requirements are applicable to them, and if this proposed rule is 
finalized, intends to provide training

[[Page 65156]]

and technical assistance to ensure grantees are still aware of 
applicable regulatory requirements.
    Current section 1336.50(b)(1) details that recipients of financial 
assistance under sections 803, 804, and 805 of the Act must provide a 
matching share of 20 percent of the approved cost of the assisted 
project, unless a waiver is attained. This proposed rule removes this 
section because it is duplicative of 42 U.S.C. 2991b(c). We propose to 
streamline current section 1336.50(b)(2) by removing unnecessary 
language while preserving the all core aspects of the regulation and 
renumbering as Sec.  1336.3(a)(1).
    We propose to renumber current section 1336.50(b)(3) as 
1336.3(a)(2) and retain in part. The language proposed for deletion is 
in paragraph (i) which was an overly wordy explanation for why an 
applicant could request a waiver for the non-Federal matching 
requirement and is proposed to be replaced with the proper statutory 
reference. Paragraph (ii) is proposed to be retained, but this NPRM 
seeks to remove the last two sentences of the paragraph which provide 
examples of allowable documentation, as opposed to requirements imposed 
on grantees. Current section 1336.50(b)(4) is proposed to be renumbered 
to 1336.3(a)(3) with no changes.
    We propose to remove current section 1336.50(c)(1) as it does not 
contain any requirements but rather restates language from section 
803(c) of the Act and other parts of the regulation. Paragraph (2) is 
then proposed to be renumbered as paragraph (1) with a minor edit to 
add a statutory reference. There are no other proposed changes to the 
rest of current section 1336.50, other than to renumber as appropriate.
Sec.  1336.52 Appeals
    Section 1336.52 currently identifies the right to appeal decisions 
to suspend, terminate, or deny funding pursuant to the remedies for 
noncompliance under 2 CFR 200.339-200.343 and the process for which to 
do so. We propose to remove this section as the language detailing this 
appeals and hearing process is duplicative of the DAB procedures which 
are identified in 45 CFR part 16. To ensure that grantees are still 
aware of the appeals process, without having to rewrite part 16 in this 
section, we propose to add a new paragraph to proposed section 1336.2 
entitled ``appeals'' (proposed 1336.2(b)) which describes that a 
recipient who has had their financial assistance suspended or 
terminated, or whose non-competing continuation applications for 
refunding have denied under 2 CFR 200.339 and 200.340 may appeal the 
ruling to the DAB following the process identified in 45 CFR part 16.

V. Regulatory Process Matters

Paperwork Reduction Act

    Under the Paperwork Reduction Act (44 U.S.C. 3501 et seq., as 
amended) (PRA), all Departments are required to submit to the Office of 
Management and Budget (OMB) for review and approval any new or modified 
reporting or recordkeeping requirements inherent in a proposed or final 
rule. This NPRM does not contain any information collections requiring 
OMB approval under the PRA and, therefore, will not create any new 
paperwork burdens or modify existing burdens subject to OMB review.

Executive Order 13132

    Executive Order 13132 requires federal agencies to consult with 
State and local government officials if they develop regulatory 
policies with federalism implications. Federalism is rooted in the 
belief that issues that are not national in scope or significance are 
most appropriately addressed by the level of government close to the 
people. This proposed rule would not have substantial direct impact on 
the States, on the relationship between the federal government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. This NPRM would not pre-empt State law. 
The changes proposed in the NPRM are removing unnecessary and obsolete 
regulations from the Native American Program rules. Therefore, in 
accordance with Section 6 of Executive Order 13132, it is determined 
that this action does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement.

Assessment of Federal Regulations and Policies on Families

    Assessment of Federal Regulations and Policies on Families Section 
654 of the Treasury and General Government Appropriations Act of 1999 
(Pub. L. 105-277) requires federal agencies to determine whether a 
policy or regulation may negatively affect family well-being. If the 
agency determines a policy or regulation negatively affects family 
well-being, then the agency must prepare an impact assessment 
addressing seven criteria specified in the law. HHS believes it is not 
necessary to prepare a family policymaking assessment because the 
actions proposed in this NPRM will not have any impact on the autonomy 
or integrity of the family as an institution.

VI. Regulatory Impact Analysis

    We have examined the impacts of the proposed rule under Executive 
Order 12866, Executive Order 13563, Executive Order 14192, the 
Regulatory Flexibility Act (5 U.S.C. 601-612), and the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4).
    Executive Orders 12866 and 13563 direct us to assess all benefits 
and costs of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits. 
Executive Order 14192 requires that any new incremental costs 
associated with significant new regulations ``shall, to the extent 
permitted by law, be offset by the elimination of existing costs 
associated with at least ten prior regulations.'' The Office of 
Information and Regulatory Affairs (OIRA) has determined that this 
proposed rule is a significant action under Executive Order 12866 
Section 3(f).
    The Regulatory Flexibility Act (RFA) requires agencies to consider 
the impact of their regulatory proposals on small entities. Because 
this action would simply repeal obsolete and unnecessary language, we 
propose to certify that the proposed rule would not have a significant 
economic impact on a substantial number of small entities.
    The Unfunded Mandates Reform Act of 1995 (UMRA) generally requires 
that each agency conduct a cost-benefit analysis; identify and consider 
a reasonable number of regulatory alternatives; and select the least 
costly, most cost effective, or least burdensome alternative that 
achieves the objectives of the rule before promulgating any proposed or 
final rule that includes a Federal mandate that may result in 
expenditures of more than $100 million (adjusted for inflation) in at 
least one year by State, local, and tribal governments, in the 
aggregate, or by the private sector. Each agency issuing a rule with 
relevant effects over that threshold must also seek input from State, 
local, and tribal governments. The current threshold after adjustment 
for inflation is $193 million, using the most current (2025) Implicit 
Price Deflator for the Gross Domestic Product. This proposed rule would 
not result in an expenditure in any year that meets or exceeds this 
amount.

VII. Tribal Consultation Statement

    Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments, requires agencies to consult with Indian Tribes 
when

[[Page 65157]]

regulations have ``substantial direct effects on one or more Indian 
Tribes, on the relationship between the Federal Government and Indian 
Tribes, or on the distribution of power and responsibilities between 
the Federal Government and Indian Tribes.'' Similarly, ACF's Tribal 
Consultation Policy says that consultation is triggered for any 
legislative proposal, new rule adoption, or other policy change that 
significantly affects Tribes, meaning there exists a reasonable 
presumption that it has or may have substantial direct effects on one 
or more Indian Tribes, on the relationship between the Federal 
Government and Indian tribes, on the amount or duration of ACF program 
funding, on the delivery of ACF programs or services to one or more 
Indian Tribes, or on the distribution of power and responsibilities 
between the Federal Government and Indian Tribes.
    ACF conducted a Tribal consultation in August 2026, in which a 
panel on ``Reducing Administrative Burden'' was hosted. Commenters 
expressed general support for de-regulation and simplifying of 
regulatory text. This proposed rule begins another comment period by 
which we are requesting further input from Tribes on the proposed 
changes.

List of Subjects in 45 CFR Part 1336

    Administrative practice and procedure, American Samoa, Grant 
programs--Indians, Grant programs--social programs, Guam, Hawaiian 
Natives, Indians, Northern Mariana Islands, Reporting and recordkeeping 
requirements.
    For the reasons set forth in the preamble, ACF proposes to amend 45 
CFR part 1336 as follows:

PART 1336--NATIVE AMERICAN PROGRAMS

0
1. The authority citation for part 1336 continues to read:

    Authority:  42 U.S.C. 618, 9858 et seq.


Sec.  1336.1  Definitions.

    For the purposes of this part, unless the context otherwise 
requires:
    Act means the Native American Programs Act of 1974, as amended (42 
U.S.C. 2991 et seq.).
    Alaskan Native means a person who is an Alaskan Indian, Eskimo, or 
Aleut, or any combination thereof. The term also includes any person 
who is regarded as an Alaskan Native by the Alaskan Native Village or 
group of which he or she claims to be a member and whose father or 
mother is (or, if deceased, was) regarded as an Alaskan Native by an 
Alaskan Native Village or group. The term includes any Alaskan Native 
as so defined, either or both of whose adoptive parents are not Alaskan 
Natives.
    American Indian or Indian means any individual who is a member or a 
descendant of a member of a North American tribe, band, Pueblo or other 
organized group of native people who are indigenous to the Continental 
United States, or who otherwise have a special relationship with the 
United States or a State through treaty, agreement, or some other form 
of recognition. This includes any individual who claims to be an Indian 
and who is regarded as such by the Indian tribe, group, band, or 
community of which he or she claims to be a member.
    ANA means the Administration for Native Americans
    Applicant means an organization which has applied for financial 
assistance from ANA.
    Budget period means the interval of time into which a project 
period is divided for budgetary and funding purposes, and for which a 
grant is made. A budget period usually lasts one year in a multi-year 
project period.
    Indian tribe means a distinct political community of Indians which 
exercises powers of self-government.
    Native American means American Indian, Indian, Native Hawaiian, and 
Alaskan Native, as defined in the Act, or in this section.
    Project period means, for discretionary grants and cooperative 
agreements, the total time for which the recipient's project or program 
is approved for support, including any extension, subject to the 
availability of funds, satisfactory progress, and a determination by 
HHS that continued funding is in the best interest of the Government.
    Recipient means an organization which has applied for financial 
assistance, and to which financial assistance is awarded under this 
Act. The term includes grantees and recipients of cooperative 
agreements.


Sec.  1336.2  Notice of ineligibility and appeals.

    (a) Notices of ineligibility. Upon a finding by the Commissioner 
that an organization that has applied for funding is ineligible or that 
the activities proposed by an organization are ineligible, the 
Commissioner shall inform the applicant of the decision stating the 
legal and factual grounds for the Commissioner's finding of 
ineligibility.
    (b) Appeals. An applicant that has had its application rejected 
either because it has been found ineligible or because the activities 
it proposes are ineligible for funding by the Commissioner of ANA, and 
recipients whose financial assistance has been suspended or terminated, 
or whose non-competing continuation applications for refunding have 
been denied, pursuant to the remedies for noncompliance at 2 CFR 
200.339-200.343, may appeal the Commissioner's ruling to the HHS 
Departmental Appeals Board through the process at 45 CFR part 16.


Sec.  1336.3   Financial and administrative requirements.

    (a) Cost sharing or matching.
    (1) Application. If an applicant or recipient wishes to request a 
waiver of the requirement for a 20 percent non-Federal matching share 
for financial assistance under sections 803, 804, and 805 of the Act, 
the following conditions must be met:
    (i) If an applicant for an initial award or an applicant for a non-
competing continuation award anticipates that it will be 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 SF424A, 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 (a)(2) 
of this section. For an applicant for an initial award, or an applicant 
seeking a non-competing continuation award, 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 the recipient may request a waiver of all or part 
of the requirement for a 20 percent non-Federal matching share. 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 (a)(2) of this section.
    (2) Criteria. Both of the following criteria must be met for an 
applicant or recipient to be eligible for a waiver of the non-Federal 
matching requirement:
    (i) Applicant or recipient documents an inability to meet 
requirements of 42 U.S.C. 2991b(c) through an institutional audit if 
available, or a full disclosure of applicant's or recipient's total 
assets and liabilities.

[[Page 65158]]

    (ii) Applicants or recipients can 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.
    (3) Approval. For a waiver to be approved, ANA must determine that 
it will not prevent the award of other grants at levels it believes are 
desirable for the purposes of the program. Waiver of all or part of the 
non-Federal share shall apply only to the budget period for which 
application was made.
    (b) Maintenance of effort.
    (1) To be eligible for a waiver from the requirements of 42 U.S.C. 
2991b(d)(1), the applicant must demonstrate to ANA that the 
organization whose funds previously supported the project discontinued 
its support:
    (i) As a result of funding limitations; and
    (ii) Not as a result of an adverse evaluation of the project's 
purpose or the manner in which it was conducted; and
    (iii) Not because it anticipated that Federal funds would replace 
the original source of project funding.
    (2) In addition, the applicant must demonstrate in the request for 
a waiver that the maintenance of effort requirement would result in 
insurmountable hardship for the recipient or would otherwise be 
inconsistent with the purposes of this part.
    (c) Delegation of project operations.
    (1) Each subgrant awarded to a delegate agency must have specific 
prior approval by ANA. Such delegation must be formalized by written 
agreement.
    (2) The agreement must specify the activities to be performed by 
the delegate agency, the time schedule, the policies and procedures to 
be followed, the dollar limitations, and the costs allowed. The 
applicant must submit a budget for each delegate agency as part of its 
application.
    (d) Unallowable costs. ANA funds may not be used by recipients to 
purchase real property.
    (e) Office of the Chief Executive. The costs of salaries and 
expenses of the Office of Chief Executive of a federally recognized 
Indian tribal government (as defined in Sec.  75.2 of this title) are 
allowable, provided that such costs exclude any portion of salaries and 
expenses of the Office of Chief Executive that are a cost of general 
government and provided they are related to a project assisted under 
this part.

Robert F. Kennedy, Jr.,
Secretary, Department of Health and Human Services.
[FR Doc. 2026-21004 Filed 10-13-26; 8:45 am]
BILLING CODE 4184-34-P


</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>