[Federal Register Volume 86, Number 7 (Tuesday, January 12, 2021)]
[Notices]
[Pages 2392-2397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00378]


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DEPARTMENT OF EDUCATION


Applications for New Awards; Alaska Native Education Program

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

ACTION: Notice.

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SUMMARY: The Department of Education (Department) is issuing a notice 
inviting applications for fiscal year (FY) 2021 for the Alaska Native 
Education (ANE) program, Assistance Listing Number 84.356A. This notice 
relates to the approved information collection under OMB control number 
1894-0006.

DATES: Applications Available: January 12, 2021.
    Deadline for Transmittal of Applications: April 12, 2021.

ADDRESSES: For the addresses for obtaining and submitting an 
application, please refer to our Common Instructions for Applicants to 
Department of Education Discretionary Grant Programs, published in the 
Federal Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/.

FOR FURTHER INFORMATION CONTACT:  Almita Reed, U.S. Department of 
Education, 400 Maryland Avenue SW, room 3E222, Washington, DC 20202. 
Telephone: (202) 260-1979. Email: <a href="/cdn-cgi/l/email-protection#4f000a1c0a610e1c040e010a1f0f2a2b61282039"><span class="__cf_email__" data-cfemail="37787264721976647c7679726777525319505841">[email protected]</span></a>.
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:

Full Text of Announcement

I. Funding Opportunity Description

    Purpose of Program: The purpose of the ANE program is to support 
innovative projects that recognize and address the unique educational 
needs of Alaska Natives. These projects must include the activities 
authorized under section 6304(a)(2) of the Elementary and Secondary 
Education Act of 1965, as amended (ESEA), and may include one or more 
of the activities authorized under section 6304(a)(3) of the ESEA, 
including, but not limited to, curriculum development, training and 
professional development, early childhood and parent outreach, and 
enrichment programs, as well as construction.
    Background: The ANE program serves the unique educational needs of 
Alaska Natives and recognizes the roles of Alaska Native languages and 
cultures in the educational success and long-term well-being of Alaska 
Native students. In light of the disparities in remote learning 
infrastructure exposed by the widespread school closures caused by the 
novel coronavirus 2019 (COVID-19), the need for students across the 
country, and low-income students in particular, to have access to high-
quality remote learning is particularly acute. Thus, for this 
competition, the ANE program gives competitive preference to applicants 
whose proposals address remote learning and target certain subgroups 
for remote learning. Specifically, the competitive preference priority 
solicits applications that propose to provide reliable high-speed 
internet, devices, and software applications to learners who previously 
did not have access to such technologies. In addition, the competitive 
preference priority encourages applications that include providing 
high-quality remote learning for Native American (as defined in this 
notice) students.
    Priorities: This notice contains one absolute priority and one 
competitive preference priority. In accordance with 34 CFR 
75.105(b)(2)(v), the absolute priority is from section 6304(a)(2)(A) 
and (B) of the ESEA. In accordance with 34 CFR 75.105(b)(2)(ii), the 
competitive preference priority is from the notice of final 
administrative priority and definitions for discretionary grants 
programs published in the Federal Register on December 30, 2020 (85 FR 
86545) (NFP).
    Absolute Priority: For FY 2021 and any subsequent year in which we 
make awards from the list of unfunded applications from this 
competition, this priority is an absolute priority. Under 34 CFR 
75.105(c)(3), we consider only applications that meet this priority.
    An applicant must address both parts of the absolute priority. An 
applicant must clearly identify in its application where the absolute 
priority is addressed.
    This priority is:
    Eligible applicants must design a project that--
    1. Develops and implements plans, methods, strategies, and 
activities to improve the educational outcomes of Alaska Natives; and
    2. Collects data to assist in the evaluation of the programs 
carried out under the ANE program.
    Competitive Preference Priority: For FY 2021, and any subsequent 
year in which we make awards from the list of unfunded applications 
from this competition, this priority is a competitive preference 
priority. Under 34 CFR 75.105(c)(2)(i), we award up to an additional 10 
points to an

[[Page 2393]]

application, depending on how well the application meets the 
competitive preference priority. If an applicant chooses to address 
this competitive preference priority, the applicant must identify in 
the project narrative section of its application its response to the 
competitive preference priority.
    The competitive preference priority is:
    Building Capacity for Remote Learning. (up to 10 points)
    Under this priority, an applicant must propose a project that is 
designed to address both of the following priority areas:
    (a) Providing access to any of the following, in particular to 
serve learners without access to such technologies: Reliable, high-
speed internet, learning devices, or software applications that meet 
all students' and educators' remote learning needs while inside the 
school building and in remote learning environments.
    (b) Providing high-quality remote learning specifically for Native 
American (as defined in this notice) students.
    The remote learning environment must be accessible to individuals 
with disabilities in accordance with Section 504 of the Rehabilitation 
Act of 1973 and Title II of the Americans with Disabilities Act, as 
applicable. The remote learning environment must also provide 
appropriate remote learning language assistance services to English 
learners.
    Definitions: The definitions for ``Alaska Native'' and ``Alaska 
Native organization'' are from section 6306 of the ESEA (20 U.S.C. 
7546). For purposes of the competitive preference priority, ``Native 
American'' has the meaning ascribed to ``Alaska Native.'' The 
definitions for ``demonstrates a rationale,'' ``logic model,'' 
``project component,'' and ``relevant outcome'' are from 34 CFR 77.1. 
The definition for ``Native'' is from section 3(b) of the Alaska Native 
Claims Settlement Act (43 U.S.C. 1602(b)). In addition, the definitions 
for ``experience operating programs that fulfill the purposes of the 
ANE program,'' ``official charter or sanction,'' and ``predominately 
governed by Alaska Natives'' are from the notice of final definitions 
and requirements published June 4, 2019, in the Federal Register (84 FR 
25682) (NFR). The definition of ``remote learning'' is from the NFP.
    Alaska Native or Native American has the same meaning as the term 
Native has in section 3(b) of the Alaska Native Claims Settlement Act 
(43 U.S.C. 1602(b)) and includes the descendants of individuals so 
defined.
    Alaska Native organization (ANO) means an organization that has or 
commits to acquire expertise in the education of Alaska Natives and 
is----
    (a) An Indian Tribe, as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304), that is an 
Indian Tribe located in Alaska;
    (b) A Tribal organization, as defined in section 4 of such Act (25 
U.S.C. 5304), that is a Tribal organization located in Alaska; or
    (c) An organization listed in clauses (i) through (xii) of section 
619(4)(B) of the Social Security Act (42 U.S.C. 619(4)(B)(i) through 
(xii)), or the successor of an entity so listed.
    Demonstrates a rationale means a key project component included in 
the project's logic model is informed by research or evaluation 
findings that suggest the project component is likely to improve 
relevant outcomes.
    Experience operating programs that fulfill the purposes of the ANE 
program means that, within the past four years, the entity has received 
and satisfactorily administered, in compliance with applicable terms 
and conditions, a grant under the ANE program or another Federal or 
non-Federal program that focused on meeting the unique education needs 
of Alaska Native children and families in Alaska.
    Logic model (also referred to as a theory of action) means a 
framework that identifies key project components of the proposed 
project (i.e., the active ``ingredients'' that are hypothesized to be 
critical to achieving the relevant outcomes) and describes the 
theoretical and operational relationships among the key project 
components and relevant outcomes.
    Native means a citizen of the United States who is a person of one-
fourth degree or more Alaska Indian (including Tsimshian Indians not 
enrolled in the Metlaktla Indian Community) Eskimo, or Aleut blood, or 
combination thereof. The term includes any Native as so defined either 
or both of whose adoptive parents are not Natives. It also includes, in 
the absence of proof of a minimum blood quantum, any citizen of the 
United States who is regarded as an Alaska Native by the Native village 
or Native group of which he claims to be a member and whose father or 
mother is (or, if deceased, was) regarded as Native by any village or 
group. Any decision of the Secretary of the Interior regarding 
eligibility for enrollment shall be final.
    Official charter or sanction means a signed letter or written 
agreement from an Alaska Native Tribe or ANO that is dated within 120 
days prior to the date of the submission of the application and 
expressly (1) authorizes the applicant to conduct activities authorized 
under the ANE program and (2) describes the nature of those activities.
    Predominately governed by Alaska Natives means that at least 80 
percent of the entity's governing board (i.e., the board elected or 
appointed to direct the policies of the organization) are Alaska 
Natives.
    Project component means an activity, strategy, intervention, 
process, product, practice, or policy included in a project. Evidence 
may pertain to an individual project component or to a combination of 
project components (e.g., training teachers on instructional practices 
for English learners and follow-on coaching for these teachers).
    Relevant outcome means the student outcome(s) or other outcome(s) 
the key project component is designed to improve, consistent with the 
specific goals of the program.
    Remote learning means programming where at least part of the 
learning occurs away from the physical building in a manner that 
addresses a learner's education needs. Remote learning may include 
online, hybrid/blended learning, or non-technology-based learning 
(e.g., lab kits, project supplies, paper packets).
    Application Requirements: The following requirements are from 
section 6304(a)(2) of the ESEA and from the NFR. In order to receive 
funding, an applicant must meet the following requirements.
    (a) The applicant must provide a detailed description of the plans, 
methods, strategies, and activities it will develop and implement to 
improve the educational outcomes of Alaska Natives and how the 
applicant will develop and implement such plans, methods, strategies, 
and activities. (ESEA section 6304(a)(2))
    (b) The applicant must provide a detailed description of the data 
it will collect to assist in the evaluation of the programs carried out 
under the ANE program, including data that address the performance 
measures in section VI.5 (Performance Measures) of this notice; and how 
the applicant will collect such data. (ESEA section 6304(a)(2))
    (c) Group Application:
    An applicant that applies as part of a partnership must meet this 
requirement, in addition to the requirements in paragraphs (a) and (b) 
above.
    (1) An ANO that applies for a grant in partnership with a State 
educational agency (SEA) or local educational agency (LEA) must serve 
as the fiscal agent for the project.

[[Page 2394]]

    (2) Group applications under the ANE program must include a 
partnership agreement that includes a Memorandum of Understanding or a 
Memorandum of Agreement (MOU/MOA) between the members of the 
partnership identified and discussed in the grant application. Each 
MOU/MOA must--
    (i) Be signed by all partners, and dated within 120 days prior to 
the date of the submission of the application;
    (ii) Clearly outline the work to be completed by each partner that 
will participate in the grant in order to accomplish the goals and 
objectives of the project; and
    (iii) Demonstrate an alignment between the activities, roles, and 
responsibilities described in the grant application for each of the 
partners in the partnership agreement. (NFR)
    (d) Applicants Establishing Eligibility through a Charter or 
Sanction from an Alaska Native Tribe or ANO:
    For an entity that does not meet the eligibility requirements for 
an ANO, established in section 6304(a)(1) and 6306(2) of the ESEA and 
the definitions in this notice, and that seeks to establish eligibility 
through a charter or sanction provided by an Alaska Native Tribe or ANO 
as required under section 6304(a)(1)(C)(ii) of the ESEA, the following 
documentation is required, in addition to the information in 
Application Requirements (a) through (c) above:
    (1) Written documentation demonstrating that the entity is 
physically located in the State of Alaska.
    (2) Written documentation demonstrating that the entity has 
experience operating programs that fulfill the purposes of the ANE 
program.
    (3) Written documentation demonstrating that the entity is 
predominately governed by Alaska Natives (as defined in this notice), 
including the total number, names, and Tribal affiliations of members 
of the governing board.
    (4) A copy of the official charter or sanction (as defined in this 
notice) provided to the entity by an Alaska Native Tribe or ANO. (NFR)
    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 (93 Pub. L. 
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 Indian organizations 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 
subcontracts in connection with the administration of the grant.
    (b) For purposes of this requirement, an Indian is a member of any 
federally recognized Indian Tribe.
    Program Authority: Title VI, part C of the ESEA (20 U.S.C. 7541-
7546).
    Note: Projects must be awarded and operated in a manner consistent 
with the nondiscrimination requirements contained in the U.S. 
Constitution and the Federal civil rights laws.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 75, 77, 79, 81, 82, 84, 86, 
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. (d) The NFR. (e) The NFP.
    Note: The regulations in 34 CFR part 79 apply to all applicants 
except federally recognized Indian Tribes.
    Note: The regulations in 34 CFR part 86 apply to institutions of 
higher education only.

II. Award Information

    Type of Award: Discretionary grants.
    Estimated Available Funds: $15,592,043.
    Contingent upon the availability of funds and the quality of 
applications, we may make additional awards in FY 2021 or in subsequent 
years from the list of unfunded applications from this competition.
    Estimated Range of Awards: $300,000-$1,500,000 for each 12-month 
budget period.
    Estimated Average Size of Awards: $500,000 for each 12-month 
period.
    Estimated Number of Awards: 18.
    Note: The Department is not bound by any estimates in this notice.
    Project Period: Up to 36 months.

III. Eligibility Information

    1. Eligible Applicants: (a) Alaska Native organizations with 
experience operating programs that fulfill the purposes of the ANE 
program;
    (b) Alaska Native organizations that do not have experience 
operating programs that fulfill the purposes of the ANE program, but 
are in partnership with--
    (i) An SEA or LEA; or
    (ii) An Alaska Native organization that operates a program that 
fulfills the purposes of the ANE program; or
    (c) An entity located in Alaska, and predominately governed by 
Alaska Natives, that does not meet the definition of an Alaska Native 
organization but--
    (i) Has experience operating programs that fulfill the purposes of 
the ANE program; and
    (ii) Is granted an official charter or sanction from at least one 
Alaska Native Tribe or Alaska Native organization to carry out programs 
that meet the purposes of the ANE program.
    2. a. Cost Sharing or Matching: This program does not require cost 
sharing or matching.
    b. Indirect Cost Rate Information: This program uses an 
unrestricted indirect cost rate. For more information regarding 
indirect costs, or to obtain a negotiated indirect cost rate, please 
see www2.ed.gov/about/offices/list/ocfo/intro.html.
    c. Administrative Cost Limitation: No more than five percent of 
funds awarded for a grant under this program may be used for direct 
administrative costs (ESEA section 6305(b) and Consolidated 
Appropriations Act, 2021). This five percent limit does not include 
indirect costs.
    3. Subgrantees: A grantee under this competition may not award 
subgrants to entities to directly carry out project activities 
described in its application.

IV. Application and Submission Information

    1. Application Submission Instructions: Applicants are required to 
follow the Common Instructions for Applicants to Department of 
Education Discretionary Grant Programs, published in the Federal 
Register on February 13, 2019 (84 FR 3768), and available at 
www.govinfo.gov/content/pkg/FR-2019-02-13/pdf/2019-02206.pdf, which 
contain requirements and information on how to submit an application.
    2. Submission of Proprietary Information: Given the types of 
projects that may be proposed in applications for the ANE program, your 
application may include business information that you consider 
proprietary. In 34 CFR 5.11, we define ``business information'' and 
describe the process we use in determining whether any of that 
information is proprietary and, thus, protected from disclosure under 
Exemption 4 of the Freedom of

[[Page 2395]]

Information Act (5 U.S.C. 552, as amended).
    Because we plan to make successful applications available to the 
public, you may wish to request confidentiality of business 
information.
    Consistent with Executive Order 12600, please designate in your 
application any information that you believe is exempt from disclosure 
under Exemption 4. In the appropriate Appendix section of your 
application, under ``Other Attachments Form,'' please list the page 
number or numbers on which we can find this information. For additional 
information please see 34 CFR 5.11(c).
    3. Intergovernmental Review: This program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    4. Funding Restrictions: No more than five percent of funds awarded 
for a grant under this program may be used for direct administrative 
costs (ESEA section 6305(b) and Consolidated Appropriations Act, 2021). 
This five percent limit does not include indirect costs. See also 
Section III (b) and (c) of this notice (``Eligibility Information'').
    5. Recommended Page Limit: The application narrative is where you, 
the applicant, address the selection criteria that reviewers use to 
evaluate your application. We recommend that you (1) limit the 
application narrative to no more than 30 pages and (2) use the 
following standards:
    <bullet> A ``page'' is 8.5'' x 11'', on one side only, with 1'' 
margins at the top, bottom, and both sides.
    <bullet> Double space (no more than three lines per vertical inch) 
all text in the application narrative, including titles, headings, 
footnotes, quotations, references, and captions, as well as all text in 
charts, tables, figures, and graphs.
    <bullet> Use a font that is either 12 point or larger or no smaller 
than 10 pitch (characters per inch).
    <bullet> Use one of the following fonts: Times New Roman, Courier, 
Courier New, or Arial.
    The recommended page limit does not apply to the cover sheet; the 
budget section, including the narrative budget justification; the 
assurances and certifications; or the one-page abstract, the resumes, 
the bibliography, or the letters of support. However, the recommended 
page limit does apply to all of the application narrative. An applicant 
will not be disqualified if it exceeds the recommended page limit.

V. Application Review Information

    1. Selection Criteria: The selection criteria for this competition 
are from 34 CFR 75.210 and section 6304(a)(2)(A) of the ESEA. The 
maximum score for all of the selection criteria is 100 points. The 
maximum score for each criterion is included in parentheses following 
the title of the specific selection criterion. Each criterion also 
includes the factors that reviewers will consider in determining the 
extent to which an applicant meets the criterion.
    The selection criteria are as follows:
    (a) Need for project (up to 10 points)
    The Secretary considers the need for the proposed project. In 
determining the need for the proposed project, the Secretary considers 
the following factors:
    (1) The magnitude of the need for the services to be provided or 
the activities to be carried out by the proposed project (up to 5 
points).
    (2) The extent to which specific gaps or weaknesses in services, 
infrastructure, or opportunities have been identified and will be 
addressed by the proposed project, including the nature and magnitude 
of those gaps or weaknesses (up to 5 points).
    (b) Quality of the project design (up to 20 points)
    The Secretary considers the quality of the design of the proposed 
project. In determining the quality of the design of the proposed 
project, the Secretary considers the following factors:
    (1) The extent to which the design of the proposed project is 
appropriate to, and will successfully address, the needs of the target 
population or other identified needs (up to 10 points).
    (2) The extent to which the proposed project demonstrates a 
rationale (as defined in this notice) (up to 10 points).
    (c) Quality of project services (up to 30 points)
    The Secretary considers the quality of the services to be provided 
by the proposed project.
    (1) In determining the quality of the services to be provided by 
the proposed project, the Secretary considers the quality and 
sufficiency of strategies for ensuring equal access and treatment for 
eligible project participants who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 15 points).
    (2) In addition, the Secretary considers the extent to which the 
services to be provided by the proposed project reflect up-to-date 
knowledge from research and effective practice (up to 15 points).
    (d) Quality of project personnel (up to 10 points)
    The Secretary considers the quality of the personnel who will carry 
out the proposed project.
    (1) In determining the quality of project personnel, the Secretary 
considers the extent to which the applicant encourages applications for 
employment from persons who are members of groups that have 
traditionally been underrepresented based on race, color, national 
origin, gender, age, or disability (up to 5 points).
    (2) In addition, the Secretary considers the qualifications, 
including relevant training and experience, of key project personnel 
(up to 5 points).
    (e) Quality of the management plan (up to 20 points)
    The Secretary considers the quality of the management plan for the 
proposed project. In determining the quality of the management plan for 
the proposed project, the Secretary considers the following factors:
    (1) The adequacy of the management plan to achieve the objectives 
of the proposed project on time and within budget, including clearly 
defined responsibilities, timelines, and milestones for accomplishing 
project tasks (up to 10 points); and
    (2) The adequacy of mechanisms for ensuring high-quality products 
and services from the proposed project (up to 10 points).
    (f) Quality of the project evaluation (up to 10 points)
    The Secretary considers the quality of the evaluation to be 
conducted of the proposed project. In determining the quality of the 
evaluation, the Secretary considers the extent to which the methods of 
evaluation will provide valid and reliable performance data on relevant 
outcomes.
    2. Review and Selection Process: We remind potential applicants 
that in reviewing applications in any discretionary grant competition, 
the Secretary may consider, under 34 CFR 75.217(d)(3)(ii), the past 
performance of the applicant in carrying out a previous award, such as 
the applicant's use of funds, achievement of project objectives, and 
compliance with grant conditions. The Secretary may also consider 
whether the applicant failed to submit a timely performance report or 
submitted a report of unacceptable quality.
    In addition, in making a competitive grant award, the Secretary 
requires various assurances, including those applicable to Federal 
civil rights laws that prohibit discrimination in programs or 
activities receiving Federal financial assistance from the Department 
(34 CFR 100.4, 104.5, 106.4, 108.8, and 110.23).

[[Page 2396]]

    3. Risk Assessment and Specific Conditions: Consistent with 2 CFR 
200.205, before awarding grants under this competition the Department 
conducts a review of the risks posed by applicants. Under 2 CFR 
3474.10, the Secretary may impose specific 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.
    4. Integrity and Performance System: If you are selected under this 
competition to receive an award that over the course of the project 
period may exceed the simplified acquisition threshold (currently 
$250,000), under 2 CFR 200.206(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 the System for Award Management. 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.
    5. In General. In accordance with the Office of Management and 
Budget's guidance located at 2 CFR part 200, all applicable Federal 
laws, and relevant Executive guidance, the Department will review and 
consider applications for funding pursuant to this notice inviting 
applications in accordance with--
    (a) Selecting recipients most likely to be successful in delivering 
results based on the program objectives through an objective process of 
evaluating Federal award applications (2 CFR 200.205);
    (b) Prohibiting the purchase of certain telecommunication and video 
surveillance services or equipment in alignment with section 889 of the 
National Defense Authorization Act of 2019 (Pub. L. 115-232) (2 CFR 
200.216);
    (c) Promoting the freedom of speech and religious liberty in 
alignment with Promoting Free Speech and Religious Liberty (E.O. 13798) 
and Improving Free Inquiry, Transparency, and Accountability at 
Colleges and Universities (E.O. 13864) (2 CFR 200.300, 200.303, 
200.339, and 200.341);
    (d) Providing a preference, to the extent permitted by law, to 
maximize use of goods, products, and materials produced in the United 
States (2 CFR 200.322); and
    (e) Terminating agreements in whole or in part to the greatest 
extent authorized by law if an award no longer effectuates the program 
goals or agency priorities (2 CFR 200.340).

VI. Award Administration Information

    1. Award Notices: If your application is successful, we notify your 
U.S. Representative and U.S. Senators and send you a Grant Award 
Notification (GAN); or we may send you an email containing a link to 
access an electronic version of your GAN. We may notify you informally, 
also.
    If your application is not evaluated or not selected for funding, 
we notify you.
    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 
an award in the Applicable Regulations section of this notice and 
include these and other specific conditions in the GAN. The GAN also 
incorporates your approved application as part of your binding 
commitments under the grant.
    3. Open Licensing Requirements: Unless an exception applies, if you 
are awarded a grant under this competition, you will be required to 
openly license to the public grant deliverables created in whole, or in 
part, with Department grant funds. When the deliverable consists of 
modifications to pre-existing works, the license extends only to those 
modifications that can be separately identified and only to the extent 
that open licensing is permitted under the terms of any licenses or 
other legal restrictions on the use of pre-existing works. 
Additionally, a grantee or subgrantee that is awarded competitive grant 
funds must have a plan to disseminate these public grant deliverables. 
This dissemination plan can be developed and submitted after your 
application has been reviewed and selected for funding. For additional 
information on the open licensing requirements please refer to 2 CFR 
3474.20.
    4. Reporting: (a) If you apply for a grant under this competition, 
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 under the competition. This does not apply 
if you have an exception under 2 CFR 170.110(b).
    (b) At the end of your project period, you must submit a final 
performance report, including financial information, as directed by the 
Secretary. If you receive a multiyear award, you must submit an annual 
performance report that provides the most current performance and 
financial expenditure information as directed by the Secretary under 34 
CFR 75.118. The Secretary may also require more frequent performance 
reports under 34 CFR 75.720(c). For specific requirements on reporting, 
please go to www.ed.gov/fund/grant/apply/appforms/appforms.html.
    (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.
    5. Performance Measures: For the purposes of the Government 
Performance and Results Act of 1993 and for Department reporting under 
34 CFR 75.110, we have established four performance measures for the 
ANE program: (1) The number of grantees who attain or exceed the 
targets for the outcome indicators for their projects that have been 
approved by the Secretary; (2) the percentage of Alaska Native children 
participating in early learning and preschool programs who consistently 
demonstrate school readiness in language and literacy as measured by 
the Revised Alaska Development Profile; (3) the percentage of Alaska 
Native students in schools served by the program who graduate from high 
school with a high school diploma in four years; and (4) the number of 
Alaska Native programs that primarily focus on Alaska Native culture 
and language.
    6. Continuation Awards: In making a continuation award under 34 CFR 
75.253, the Secretary considers, among other things: Whether a grantee 
has made substantial progress in achieving the goals and objectives of 
the project; whether the grantee has expended funds in a manner that is 
consistent with its approved application and budget; and,

[[Page 2397]]

if the Secretary has established performance measurement requirements, 
the performance targets in the grantee's approved application.
    In making a continuation award, the Secretary also considers 
whether the grantee is operating in compliance with the assurances in 
its approved application, including those applicable to Federal civil 
rights laws that prohibit discrimination in programs or activities 
receiving Federal financial assistance from the Department (34 CFR 
100.4, 104.5, 106.4, 108.8, and 110.23).

VII. Other Information

    Accessible Format: On request to the program contact person listed 
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities 
can obtain this document and a copy of the application package in an 
accessible format. The Department will provide the requestor with an 
accessible format that may include Rich Text Format (RTF) or text 
format (txt), a thumb drive, an MP3 file, braille, large print, 
audiotape, or compact disc, or other accessible format.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. You may 
access the official edition of the Federal Register and the Code of 
Federal Regulations at www.govinfo.gov. At this site you can view this 
document, as well as all other documents of this Department published 
in the Federal Register, in text or Portable Document Format (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.

Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2021-00378 Filed 1-11-21; 8:45 am]
BILLING CODE P


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