11798 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

than one author. The works may be 

registered as works made for hire if they 

are identified in the application as such. 

(4) All the works must be published 

within a thirty-day period, and the 

application must identify the date of 

publication for each work. 

(5) The applicant must complete and 

submit the online application 

designated for a group of twodimensional artwork. The application 

may be submitted by any of the parties 

listed in § 202.3(c)(1). 

(6) The applicant must submit one 

complete copy of each work. The works 

must be assembled in an orderly form 

with each work contained in a separate 

electronic file. The file name for each 

work must match the title as submitted 

on the application. All of the works 

must be submitted in one of the 

electronic formats approved by the 

Office, and they must be uploaded to 

the electronic registration system. The 

file size for each uploaded file must not 

exceed 500 megabytes; the files may be 

compressed to comply with this 

requirement. 

(7) In an exceptional case, the 

Copyright Office may waive the online 

filing requirement set forth in paragraph 

(l)(5) of this section or may grant special 

relief from the deposit requirement 

under § 202.20(d) of this chapter, 

subject to such conditions as the 

Associate Register of Copyrights and 

Director of the Office of Registration 

Policy and Practice may impose on the 

applicant. 

* * * * * 

§ 202.6 [Amended] 

■ 5. In § 202.6, amend paragraph (e)(2) 

by removing ‘‘or a group of works 

published on the same album registered 

under § 202.4(k),’’ and adding in its 

place ‘‘a group of works published on 

the same album registered under 

§ 202.4(k), or a group of twodimensional artwork under § 202.4(l),’’. 

Dated: February 9, 2024. 

Suzanne Wilson, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2024–03063 Filed 2–14–24; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1336 

[Assistance Listing Numbers: 93.581, 

93.587, 93.612] 

Notice for Public Comment on 

Administration for Native Americans’ 

Program Policies and Procedures 

AGENCY: Administration for Native 

Americans, Administration for Children 

and Families, Department of Health and 

Human Services. 

ACTION: Request for public comment. 

SUMMARY: Pursuant to section 814 of the 

Native American Programs Act of 1974 

(NAPA), as amended, the 

Administration for Native Americans 

(ANA) is required to provide members 

of the public an opportunity to 

comment on proposed changes in 

interpretive rules and general 

statements of policy and to give notice 

of the proposed changes no less than 30 

days before such changes become 

effective. In accordance with notice 

requirements of NAPA, ANA herein 

describes proposed interpretive rules 

and general statements of policy that 

relate to ANA’s Notices of Funding 

Opportunities (NOFOs) in fiscal year 

(FY) 2024. Changes to FY NOFOs will 

be based on the previously published 

programs: Environmental Regulatory 

Enhancement (ERE), HHS–2021–ACF– 

ANA–NR–1907; Native American 

Language Preservation and 

Maintenance-Esther Martinez 

Immersion (EMI), HHS–2021–ACF– 

ANA–NB–1958; Native American 

Language Preservation and Maintenance 

(P&M), HHS–2021–ACF–ANA–NL– 

1924; Social and Economic 

Development Strategies (SEDS), HHS– 

2021–ACF–ANA–NA–1906; Social and 

Economic Development StrategiesAlaska (SEDS–AK), HHS–2021–ACF– 

ANA–NK–1902. 

DATES: Comments are due by March 18, 

2024. If ANA does not receive any 

significant comments within the 30-day 

comment period, ANA will proceed 

with the proposed changes in the 

respective published NOFOs. The 

NOFOs will serve as the final notice of 

these proposed changes. 

ADDRESSES: Comments may be 

submitted to: Carmelia Strickland, 

Director of Program Operations, 

Administration for Native Americans, 

330 C Street, SW, Washington, DC 

20201 or via email to: ANAComments@

acf.hhs.gov. 

FOR FURTHER INFORMATION CONTACT: 

Carmelia Strickland, Director, Division 

of Program Operations, Administration 

for Native Americans, 330 C Street SW, 

Washington, DC 20201; Telephone: 

(877) 922–9262; Email: 

ANAComments@acf.hhs.gov. 

SUPPLEMENTARY INFORMATION: Section 

814 of NAPA, as amended (42 U.S.C. 

2992b–1), incorporates provisions of the 

Administrative Procedure Act that 

require ANA to provide notice of its 

proposed interpretive rules and 

statements of policy and to seek public 

comment on such proposals. This notice 

serves to fulfill the statutory notice and 

public comment requirement. ANA 

voluntarily includes rules of practice 

and procedures in this notice to be 

transparent. The proposed interpretive 

rules, statements of policy, and rules of 

ANA practice and procedure reflected 

in clarifications, modifications, and new 

text will appear in the five FY 2024 

NOFOs: SEDS—HHS–2024–ACF–ANA– 

NK–0050; SEDS–AK—HHS–2024–ACF– 

ANA–NA–0051; ERE—HHS–2024– 

ACF–ANA–NR–0061; P&M—HHS– 

2024–ACF–ANA–NL–0059; EMI—HHS– 

2024–ACF–ANA–NB–0054. 

A. Interpretive rules, statements of 

policy, procedures, and practice. The 

proposals in this section reflect ANA’s 

proposed changes in rules, policy, or 

procedure that will take effect in the FY 

2024 NOFOs. 

1. Fully-Funding Awards 

ANA regulations state that awards 

will ‘‘generally . . . be made available 

for a one-year budget period and 

subsequent non-competing continuation 

awards with the same project period 

will also be for one year’’. 45 CFR 

1336.32 (emphasis added). In 

accordance with the regulation, ANA 

awards are currently awarded in 12- 

month increments and recipients with 

multi-year awards must submit a noncompetitive continuation application to 

receive funding for the next budget 

period. In addition, if a recipient is 

unable to complete all activities within 

a budget period, they must request 

approval of a carryover budget 

amendment to use the funds from a 

previous budget period. In FY 2024, 

ANA will fully fund all competitive 

awards for the programs SEDS, ERE, 

P&M, and SEDS for Alaska for up to 36 

months. This will promote selfgovernance and self-determination of 

tribes, Alaska Natives, and other Native 

American organizations; reduce the 

administrative burden of recipients by 

not requiring annual non-competing 

continuation applications for multi-year 

projects; and reduce the need for postVerDate Sep<11>2014 16:54 Feb 14, 2024 Jkt 262001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\15FEP1.SGM 15FEP1

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award amendments such as carryover 

budget requests. In addition, this will 

reduce administrative burden for ANA 

and Office of Grants Management staff 

and allow more time to support 

recipients. ANA will consider amending 

its regulations to fully fund competitive 

awards instead of incrementally fund 

awards in future award cycles. 

Applicants should be aware that fully 

funding awards in FY 2024 for the 

entire project period will result in fewer 

awards in this cycle. However, the 

number of non-competing continuations 

in future years will decline, leaving 

more annual appropriations funding 

available for new, fully funded awards. 

The EMI program’s authorizing statute 

allows for a 5-year or 60-month project 

period. ANA will fully fund EMI 

projects for the first 36 months with a 

36-month budget period. EMI awards 

with a project period of 48 or 60-months 

will need to submit a non-competing 

continuation application for the 

remaining budget period(s), if 

applicable. This will mitigate financial 

risk and allow ANA to fund more 

projects with annual appropriations. 

2. Modify Policy for ANA 

Disqualification Factor for ‘‘Assurance 

of Representation on Board of 

Directors’’, Also Known as ‘‘Assurance’’ 

ANA has a long-standing requirement 

that all applicants, other than tribes and 

Alaska Native village governments, 

include documentation in the 

application that identifies Board 

members by name and their affiliation 

to the communities that ANA serves. 

This policy ensures that organizations 

applying for an ANA award have a 

majority of the members on its 

governing board that have a personal 

affiliation or relationship to federally or 

state recognized tribes, have a cultural 

relationship with a Native community, 

or are considered Native American as 

defined by ANA regulations and Native 

American Pacific Islanders. Without this 

assurance, an application is disqualified 

from competing. ANA will modify this 

policy by exempting state recognized 

tribes from the Assurance 

disqualification factor. In addition, the 

current policy requires applicants from 

public agencies serving Native people 

from Guam, American Samoa, or the 

Commonwealth of the Northern Mariana 

Islands to submit the Assurance 

documentation. The revised policy will 

exempt public government agencies 

within the Pacific territories from this 

disqualification factor. Schools and 

universities that are governed by a board 

independent from their respective 

territorial governments remain subject 

to the Assurance requirements. Over the 

years, ANA has disqualified 

applications from state-recognized tribes 

and public governmental agencies in the 

territories because they did not include 

the Assurance documentation in the 

application. The policy modification 

will no longer require state-recognized 

tribes and public governmental agencies 

in Guam, American Samoa, and the 

Commonwealth of the Northern Mariana 

Islands to submit the Assurance 

documentation requirement. ANA’s 

intent is to disqualify fewer 

applications. Disqualified applications 

are considered non-responsive and the 

application is not included in the merit 

review or funded. 

3. Change Reference in ANA Policies 

That Reference the Catalog of Federal 

Domestic Assistance (CFDA) to 

‘‘Assistance Listings’’ 

The name for the Catalog of Federal 

Domestic Assistance (CFDA) changed to 

Assistance Listings on www.SAM.gov. 

ANA has several long-standing 

administrative policies and one 

disqualification factor included in all 

five NOFOs that include references to 

the CFDA. The administrative policies 

are known as the ‘‘Limitation on the 

Number of Award Under a Single CFDA 

Number’’ and ‘‘Limitation on the 

Number of Awards Based on Two 

Consecutively Funding Projects’’ with 

the same CFDA Number. The 

disqualification factor is known as the 

‘‘Only One Active Award Per CFDA’’. 

An eligible entity can have no more 

than one active award per CFDA 

number for an ANA program at any 

given time. This policy disqualifies any 

applicant that has an active ANA award 

with the same CFDA number that will 

continue beyond the start date of a 

possible new award to not apply for a 

new award. The policies regarding the 

limitation of awards per CFDA number 

ensures that ANA funding can reach 

other organizations that do not have an 

ANA award. The CFDA-related policies 

help to preserve resources and 

maximize the reach of ANA’s limited 

funding by precluding the review of 

applications that would be ineligible for 

funding based on ANA’s administrative 

policies. The policies are not changing; 

however, due to the government’s name 

change of the CFDA to Assistance 

Listings, ANA is updating the related 

policy names in the NOFOs. 

4. SEDS NOFO Specific Changes 

ANA intends to fully fund awards 

upfront starting in FY24 and adjust the 

annual awards ceiling from $400,000 to 

$300,000 resulting, for example, total 

funding of $900,000 per grantee for a 

project period of 36 months. This 

change will allow ANA to fund 

additional projects with its annual 

appropriations, support management of 

fully funded projects, make funding 

more equitable across ANA’s programs 

and positively impact more Native 

communities and organizations. 

Since 2020, the SEDS NOFO set out 

bonus points in the evaluation criteria 

for projects that address Native 

American community priority areas 

such as veterans, emergency 

preparedness, and Missing and 

Murdered Indigenous People. Since 

2021, the SEDS NOFO provided bonus 

points in the evaluation criteria for 

certain types of economic development 

projects that were mandated by the 

Indian Community Economic 

Enhancement Act of 2020. In this NOFO 

ANA intends to continue to fund 

projects that promote social and 

economic development; however, the 

SEDS NOFO will no longer include 

bonus points. This change will allow all 

types of proposed community-based 

projects in the SEDS competition to 

receive equal consideration while also 

allowing applicants to choose their own 

priorities that best meet the needs of 

their community. 

SEDS–AK NOFO Specific Changes 

Since 2020, the SEDS–AK NOFO 

allowed reviewers to add bonus points 

in the evaluation criteria for 

applications that documented that the 

applicant organization has never 

received a past award from ANA. Since 

2021, the SEDS–AK NOFO provided 

bonus points in the evaluation criteria 

for certain types of economic 

development projects that were 

mandated by the Indian Community 

Economic Enhancement Act of 2020. In 

this NOFO ANA intends to continue to 

fund projects that promote social and 

economic development; however, the 

SEDS–AK NOFO will no longer include 

bonus points. This change will allow all 

proposed community-based projects in 

the SEDS–AK competition to receive 

equal consideration while also allowing 

applicants to choose their own priorities 

that best meet the needs of their 

community. 

5. Changes to Required Application 

Elements 

ANA has received applicant feedback 

for many years that the NOFOs are 

burdensome, too long, and difficult to 

understand. For FY24, HHS announced 

a Simpler NOFO pilot project to make 

NOFOs easier to understand and 

navigate as part of its efforts to increase 

equity and inclusion for underserved 

and marginalized communities. All five 

ANA NOFOs were selected to 


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11800 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

participate in the Simpler NOFO 

project. Therefore, the application 

requirements and evaluation criteria 

will change in FY24 to lessen the 

burden and make it easier to read, 

understand, and write an application. 

The ANA Project Framework, used in 

NOFOs from FY 2018–2023, will no 

longer be used, although some elements 

will remain. The required elements for 

an ANA application across all five 

NOFOs that will be evaluated will 

include: Project Narrative (for 75 points) 

to include the Current Community 

Condition (5 points), Project Goal (7 

points), Objectives (8 points), Project 

Strategy and Implementation Plan (15 

points), Community Based Strategy (12 

points), Population to be Served (7 

points), Outcomes (6 points), Objective 

Work Plan (15 points). The 

Organizational Capacity (total of 15 

points) includes a Staffing Plan (5 

points), Data Management Plan (3 

points), Partnerships and Consultants (2 

points), and Oversight Plan (5 points). 

The Line-Item Budget and Budget 

Narrative will be combined for a total of 

10 points. A total of 100 points will be 

available for each NOFO. As mentioned 

earlier, no bonus points will be 

provided for any NOFO. 

6. Reduction in Application Page Limits 

ANA’s previous application total page 

limit was 150 pages, excluding Standard 

Forms such as the SF–424, SF–424A, 

and other OMB-approved forms 

including ANA’s Objective Work Plan. 

Applicant feedback informed ANA that 

150 pages is too much. While ANA 

limits rather than requires 150 pages, 

applicants sometimes feel that it is a 

requirement to provide 150 pages to 

have a competitive application. 

Therefore, ANA will reduce the total 

page limit from 150 to 100 pages to 

reduce the burden to apply for ANA 

funding. To accommodate the lower 

page limit, business plans will no longer 

be required at the time of application 

submission. However, if a proposed 

project is subject to a business plan, 

ANA staff will request an applicant to 

provide a business plan during the 

Internal Review of Proposed Projects 

process of finalizing and negotiating 

grant awards. 

Statutory Authority: Sections 803 and 814 

of the Native American Programs Act of 1974 

(NAPA), as amended (42 U.S.C. 2291b; 

2992b–1). 

Patrice H. Kunesh, 

Commissioner, Administration for Native 

Americans. 

[FR Doc. 2024–03160 Filed 2–14–24; 8:45 am] 

BILLING CODE 4184–34–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 215, 225, and 252 

[Docket DARS–2024–0002] 

RIN 0750–AL64 

Defense Federal Acquisition 

Regulation Supplement: Assuring 

Integrity of Overseas Fuel Supplies 

(DFARS Case 2022–D013) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2022 that requires offerors to 

certify that they will not provide fuel 

from a prohibited source and that they 

will comply with certain export control 

and anticorruption regulations and 

statutes for contracts awarded for the 

acquisition of fuel in support of 

overseas contingency operations. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

15, 2024, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2022–D013, 

using either of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

DFARS Case 2022–D013. Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2022–D013’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2022–D013 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jon Snyder, telephone 703–945–5341. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 843 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2022 (Pub. 

L. 117–81). Section 843 requires offerors 

to certify that fuel to be provided for a 

contract in support of an overseas 

contingency operation is not sourced 

from a prohibited nation or region and 

to furnish such records as are necessary 

to verify their compliance with 

applicable export control and 

anticorruption regulations and statutes. 

Section 843 requires contracting 

officers, when conducting a source 

selection for such contracts, to consider 

using tradeoff processes and certain 

evaluation factors. If the contracting 

officer does not consider a tradeoff 

process prior to issuing the solicitation, 

the contracting officer is required to 

justify in writing why a tradeoff process 

was not considered. Section 843 also 

requires the contracting officer to 

ensure, prior to contract award, that the 

offeror is not disqualified based upon an 

unsupported denial of access to a 

facility or equipment by the host nation. 

II. Discussion and Analysis 

DoD proposes to add to the DFARS a 

new section 225.70WW, Restriction on 

acquisition of fuel for overseas 

contingency operations. Section 

225.70WW provides the scope, 

prohibition, and procedures for 

contracting officers to use for the 

acquisition of fuel that is for overseas 

contingency operations and is expected 

to exceed the simplified acquisition 

threshold. This proposed rule requires 

that fuel is not sourced from a nation or 

region prohibited from selling 

petroleum to the United States. The 

proposed rule allows contracting 

officers to request records from the 

apparent successful offeror to verify 

compliance with certain regulations and 

statutes when the head of the 

contracting activity determines in 

writing that it is necessary. In addition, 

the proposed rule precludes contracting 

officers from disqualifying an offeror 

based on an unsupported denial of 

access to a facility or equipment by a 

host-nation government. 

This proposed rule includes a new 

section 215.101–71, Tradeoff process 

when acquiring fuel for overseas 

contingency operations, which requires 

contracting officers to consider using a 

tradeoff process during a source 

selection. When using a tradeoff 

process, contracting officers are required 

to consider the use of certain evaluation 

factors. This proposed rule also 

provides procedures for a contracting 

officer to justify when a tradeoff process 

is not considered. 

A new solicitation provision is 

proposed at DFARS 252.225–70XX, 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations, for 


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