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###### Department of Education

# AGENCY:

Office of Elementary and Secondary Education, Department of Education.

# ACTION:

Notice.

# SUMMARY:

The Department of Education (Department) is issuing a notice inviting applications for fiscal year (FY) 2024 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:*                         November 20, 2023.                    

*Deadline for Transmittal of Applications:*                         February 13, 2024.                    

*Deadline for Intergovernmental Review:*                         April 15, 2024.                    

# 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 December 7, 2022 (87 FR 75045) and available at                         *https://www.federalregister.gov/​documents/​2022/​12/​07/​2022-26554/​common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.*                         Please note that these Common Instructions supersede the version published on December 27, 2021.                    

# FOR FURTHER INFORMATION CONTACT:

                        Almita Reed, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202. Telephone: (202) 260-1979. Email:                         *OESE.ASKANEP@ed.gov.*

If you are deaf, hard of hearing, or have a speech disability and wish to access telecommunications relay services, please dial 7-1-1.

# 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.                

*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. The Department encourages applicants to propose a broad array of activities to achieve these purposes, including activities that are consistent with the Administration's policy focus areas, such as promoting equitable access to educational resources and opportunities. These activities may include supporting inclusive pedagogical practices in educator preparation and professional development programs and increasing the number and diversity of experienced effective educators, including those from the community they serve.                

                    As noted below, construction projects that will support the operation of an existing or proposed ANE program will be a permissible activity only if Congress specifically authorizes the use of FY 2024 funds for this purpose. However, we note that, in each of the last 20 fiscal years, Congress has authorized, through appropriations acts, that ANE funds may be used for                           ( print page 78342)                        construction. If an applicant is interested in both proposing a construction project and a separate project, we encourage the applicant to submit separate applications for each project, in case Congress does not authorize construction through appropriations. If Congress does not authorize the use of FY 2024 funds for construction, we will notify applicants who applied for such purpose that we are unable to fund construction.                

*Priority:*                     This notice contains one absolute priority.                

Consistent with 34 CFR 75.105(b)(2)(v), the absolute priority is from allowable activities specified in the statute (see section 6304(a)(2)(A) and (B) of the ESEA).

*Absolute Priority:*                     For FY 2024 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 the priority. In the project abstract, applicants must clearly identify the specific allowable activities the proposed project addresses. The applicant must address both parts of the priority.                

This priority is:

Alaska Native Education Activities.

Projects designed to—

(a) Develop and implement plans, methods, strategies, and activities to improve the educational outcomes of Alaska Natives; and

(b) Collect data to assist in the evaluation of the programs carried out under the ANE program.

**Note:**                     The construction of facilities that will support the operation of an existing or proposed ANE program will be a permissible activity only if Congress specifically authorizes the use of FY 2024 funds for this purpose. If an applicant is interested in both proposing a construction project and a separate project, we encourage the applicant to submit separate applications for each project. If Congress does not authorize the use of FY 2024 funds for construction, we will notify applicants who applied for such purpose that we are unable to fund construction.                

*Definitions:*                     For FY 2024 and any subsequent year in which we make awards from the list of unfunded applications from this competition, the following definitions apply. The definitions of “Alaska Native” and “Alaska Native organization” are from section 6306 of the ESEA (20 U.S.C. 7546). The definitions of “demonstrates a rationale,” “logic model,” “project component,” and “relevant outcome” are from 34 CFR 77.1. The definition of “Native” is from section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)). In addition, the definitions of “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 for the Alaska Native Education Program, published in the                     **Federal Register**                     on June 4, 2019 (84 FR 25682) (NFR).                

*Alaska Native*                     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.                

*Application Requirements:*                     The following application requirements are from section 6304(a) of the ESEA and 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 Requirements:  

                    An applicant that applies as part of a partnership must meet this requirement,                           ( print page 78343)                        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.

(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 among 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)

**Note:**                     OESE invites an applicant to indicate whether it intends to consolidate its ANE grant funds into a current or future 477 plan in accordance with the provisions of Public Law 115-93 (see                     *https://www.govinfo.gov/​content/​pkg/​PLAW-115publ93/​pdf/​PLAW-115publ93.pdf*), the Indian Employment, Training and Related Services Consolidation Act of 2017 (25 U.S.C. 3401*et seq.*                     see                     *https://www.govinfo.gov/​content/​pkg/​USCODE-2021-title25/​pdf/​USCODE-2021-title25-chap36-sec3401.pdf*). Any request to consolidate ANE funds into a 477 plan must be made separately to the U.S. Department of Interior. For further information on the integration of grant funds under this and related programs, contact the Division of Workforce Development, Office of Indian Services, Bureau of Indian Affairs, U.S. Department of the Interior at Office of Indian Services, Division of Workforce Development, Bureau of Indian Affairs, 1849 C Street NW, MS-3645-MIB, Washington, DC 20245, Telephone: (202) 219-3938.                

ANE grantees who are in their last year of ANE funding from a previous grant and have currently integrated that previous grant under an approved 477 plan must apply for a new ANE grant under this competition by submitting an application that meets all of the requirements included in this notice. If such an applicant receives a new ANE grant under this competition and wants to consolidate the new ANE grant in a 477 plan, it must submit a request to the U.S. Department of Interior to do so.

*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 will be awarded and must be operated in a manner consistent with the nondiscrimination requirements contained in 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.                

**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:*                     The Administration requested $44,953,000 for ANE for FY 2024, of which we intend to use an estimated $15,900,000 for this competition. 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:*                     $300,000-$1,500,000 for each 12-month budget period.                

*Estimated Number of Awards:*                     11-53.                

**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                           ( print page 78344)                        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 5 percent of funds awarded for a grant under this program may be used for administrative costs (ESEA section 6305). Note that, since fiscal year 2020, Congress has included language in appropriations acts to clarify that the statutory 5 percent limit does not include indirect costs. In the event such language is not included in the FY 2024 appropriations act, the Department will work with successful applicants to make budget adjustments to align with administrative cost restrictions, if necessary.                

                    For additional information please see the                     *Funding Restrictions*                     section of this notice.                

                    3.                     *Subgrantees:*                     A grantee under this competition may not award subgrants to entities to directly carry out project activities described in its application.                

                    4.                     *Build America, Buy America Act:*                     If Congress specifically authorizes the use of FY 2024 funds for the construction of facilities that will support the operation of an existing or proposed ANE program, this program is subject to the Build America, Buy America Act (Pub. L. 117-58) domestic sourcing requirements. Accordingly, under this program, grantees and their contractors may not use their grant funds for infrastructure projects or activities (                    *e.g.,*                     construction, remodeling, and broadband infrastructure) unless—                

(a) All iron and steel used in the infrastructure project or activity are produced in the United States;

(b) All manufactured products used in the infrastructure project or activity are produced in the United States; and

(c) All construction materials are manufactured in the United States.

                    Grantees may request waivers to these requirements by submitting a Build America, Buy America Act Waiver Request Form. For more information, including a link to the Waiver Request Form, see the Department's Build America Buy America Waivers website at                     *https://www2.ed.gov/​policy/​fund/​guid/​buy-america/​index.html.*

## 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 December 7, 2022 (87 FR 75045) and available at                     *https://www.federalregister.gov/​documents/​2022/​12/​07/​2022-26554/​common-instructions-for-applicants-to-department-of-education-discretionary-grant-programs.*                     Please note that these Common Instructions supersede the version published on December 27, 2021.                

                    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 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 subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this program.                

                    4.                     *Funding Restrictions:*                     No more than 5 percent of FY 2024 funds awarded for a grant under this program may be used for administrative costs (ESEA section 6305).                

**Note:**                     In general, for purposes of this competition, the 5 percent limit on administrative costs under ESEA section 6305 includes direct and indirect administrative costs. As described in the                     *Administrative Cost Limitation*                     section of this notice, the Department anticipates that Congress will clarify, through the FY 2024 appropriations act, that this 5 percent limit does not include indirect costs, and, in the event such language is not included in the FY 2024 appropriations act, will work with successful applicants to make budget adjustments to align with administrative cost restrictions, if necessary.                

                    We reference regulations outlining additional funding restrictions in the                     *Applicable Regulations*                     section of this notice.                

                    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:                
    - A “page” is 8.5” x 11”, on one side only, with 1” margins at the top, bottom, and both sides.
    - Double-space (no more than three lines per vertical inch) all text in the application narrative.
    - Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch).
    - 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.

## V. Application Review Information

                    1.                     *Selection Criteria:*                     The selection criteria for this competition are from 34 CFR 75.210. 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 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.

                    (b)                     *Quality of the project design (up to 30 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 extent to which the proposed project demonstrates a rationale (as defined in this notice).

                    (c)                     *Quality of project personnel (up to 10 points)*

                    The Secretary considers the quality of the personnel who will carry out the proposed project. In determining the quality of project personnel, the                           ( print page 78345)                        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).                

In addition, the Secretary considers the qualifications, including relevant training and experience, of key project personnel (up to 5 points).

                    (d)                     *Quality of the management plan (up to 30 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 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.

                    (e)                     *Quality of the project evaluation (up to 20 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 following factors:

(1) The extent to which the methods of evaluation will provide valid and reliable performance data on relevant outcomes (up to 10 points).

(2) The extent to which the methods of evaluation include the use of objective performance measures that are clearly related to the intended outcomes of the project and will produce quantitative and qualitative data to the extent possible (up to 10 points).

**Note:**                     The quality of the project evaluation selection criterion relates to performance measure (1) under the Performance Measures section of this notice.                

                    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), 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, and 110.23).

                    3.                     *Risk Assessment and Specific Conditions:*                     Consistent with 2 CFR 200.206, before awarding grants under this competition the Department conducts a review of the risks posed by applicants. Under 2 CFR 200.208, the Secretary may impose specific conditions and, under 2 CFR 3474.10, 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) 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

(d) 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.                          ( print page 78346)    

                    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). 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 Department reporting under 34 CFR 75.110, we have established four performance measures for the ANE program under the absolute priority: (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 earn a high school diploma in four years; and (4) the number of Alaska Native programs that primarily focus on Alaska Native culture and language.                

For a grantee that includes construction in its project, if Congress authorizes such use and the Department funds such an application, the Department will use the following performance measures for the ANE program: (1) the number of grantees that attain or exceed the targets for the outcome indicators for their projects that have been approved by the Secretary; (2) the number and percentage of grantees that report annually that the overall condition of the building(s) on which their project focuses is adequate; and (3) the number and percentage of grantees that report their project is at each of the following levels of completion: (a) not started; (b) 1-25 percent; (c) 26-50 percent; (d) 51-75 percent; (e) 76-99 percent; (f) 100 percent complete.

                    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, if the Secretary has established performance measurement requirements, whether the grantee has made substantial progress in achieving 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.                

Adam Schott,

Deputy Assistant Secretary for Policy and Programs, Delegated the Authority to Perform the Functions and Duties of the Assistant Secretary, Office of Elementary and Secondary Education.

[FR Doc. 2023-25125 Filed 11-14-23; 8:45 am]

BILLING CODE 4000-01-P