[Federal Register Volume 79, Number 211 (Friday, October 31, 2014)]
[Proposed Rules]
[Pages 64726-64727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25921]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1336

RIN 0970-AC60


Native American Programs

AGENCY: Administration for Native Americans, Administration for 
Children and Families, Department of Health and Human Services.

ACTION: Advance notice of proposed rulemaking.

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SUMMARY: The Department of Health and Human Services, Administration 
for Children and Families, Administration for Native Americans (ANA) is 
seeking comments, data, and information from the public related to 
planned revisions and amendments to regulations implementing the Native 
American Programs Act of 1974 (the NAPA). ANA anticipates making 
revisions and amendments to update and revise procedures and policies 
involved in executing the requirements of 42 U.S.C. 2991b, 2991b-1, 
2991b-2, 2991b-3, 2991d, 2991g, 2991h, 2992, and 2992b-1 (Section 803, 
803A, 803B, 803C, 805, 809, 810, 811, and 814 of the NAPA) currently 
found in our regulations. ANA is interested in receiving feedback to 
this advance notice of proposed rulemaking (ANPRM) about potential 
means of streamlining applicable regulations, removing undue burdens, 
and clarifying procedures and policies related to accessing programs. 
We are also interested in receiving recommendations related to the 
activities of the Commissioner of the Administration for Native 
Americans as an advocate on behalf of Native Americans.

DATES: Comments on this ANPRM must be received by January 29, 2015.

ADDRESSES: You may submit comments by any of the methods listed below 
(please choose only one listed). All submissions must include the 
agency name and following Regulatory Identification Number (RIN): RIN 
0970-AC60. Please do not submit duplicate comments. When commenting, 
please identify the current regulation, topic, or issue to which your 
comment pertains.
    1. Electronic submission: You may submit electronic comments on 
this ANPRM to http://www.regulations.gov by entering RIN 0970-AC60 in 
the search box and clicking on the `Comment Now' button. After 
submitting your comment electronically at http://www.regulations.gov, a 
confirmation page will appear which contains a Comment Tracking Number. 
Comments also may be submitted electronically via email to 
<a href="/cdn-cgi/l/email-protection#fdbcb3bcbe929090948e8e949293988fbd9c9e9bd395958ed39a928b"><span class="__cf_email__" data-cfemail="51101f10123e3c3c382222383e3f3423113032377f3939227f363e27">[email protected]</span></a> with ``ANA ANPRM'' in the subject line.
    2. Mail: You may mail written comments to the following address 
only: Administration for Native Americans, Administration for Children 
and Families, Department of Health and Human Services, Attention: ANA 
ANPRM, 370 L'Enfant Promenade, Washington DC 20447. Please allow 
sufficient time for mailed comments to be received before the close of 
the comment period.
    3. Hand delivery: If you prefer, you may deliver (by hand or 
courier) your written comments before the close of the comment period 
to Camille Loya, Administration for Native Americans, 370 L'Enfant 
Promenade, Washington, DC 20447. Because access to the interior of the 
building is not readily available to persons without Federal government 
identification, commenters must first call 877-922-9262 in advance to 
schedule an escort to the second floor and may not leave their comments 
at the security desk located in the main lobby of the building. 
Commenters will be escorted to the Administration for Native Americans 
where a stamp-in clock is available for persons wishing to retain a 
proof of filing by stamping and retaining an extra copy of the comments 
being filed.
    Inspection of Public Comments: All comments received before the 
close of the comment period are available for viewing by the public, 
including any personally identifiable or confidential business 
information that is included in a comment. The Department will post all 
comments received before the close of the comment period on the 
following Web site as soon as possible after they have been received: 
http://www.regulations.gov. Follow the search instructions on that Web 
site to view public comments. Comments received electronically via 
http://www.regulations.gov by the close of the comment period will also 
be available for public inspection electronically as they are received. 
Comments submitted electronically via email to 
<a href="/cdn-cgi/l/email-protection#ebaaa5aaa88486868298988284858e99ab8a888dc5838398c58c849d"><span class="__cf_email__" data-cfemail="d2939c9391bdbfbfbba1a1bbbdbcb7a092b3b1b4fcbabaa1fcb5bda4">[email protected]</span></a>, hand-delivered comments, and mailed 
comments will be available for public inspection within one week of 
receipt at the Administration for Native Americans, 370 L'Enfant 
Promenade, Washington, DC 20447. Because access to the interior of the 
building is not readily available to persons without Federal government 
identification, commenters must first call 877-922-9262 in advance to 
schedule an escort to the second floor. No deletions, modifications, or 
redactions will be made to the comments received, as they are public 
records. Comments may be submitted anonymously. However, comments that 
identify the type of organization responding to this ANPRM are 
especially helpful.

FOR FURTHER INFORMATION CONTACT: Camille Loya, Administration for 
Native Americans at (202) 401-5964.

SUPPLEMENTARY INFORMATION: This ANPRM has two main sections. The first 
section, entitled `Background,' describes the relevant authority on 
which the ANPRM is based and establishes the rationale for its issuance 
at this time. The second section, entitled `Overview of Requested 
Feedback,' presents questions, ideas, and potential language ANA is 
considering as part of future proposed regulations under the authority 
of the NAPA.

I. Background

    The Native American Programs Act of 1974 (NAPA), Public Law 93-644, 
was first enacted on January 4, 1975. The last time substantial 
amendments to the NAPA regulations were made was 1996. Section 802 of 
the NAPA establishes as its broad statutory purpose the promotion of 
``the goal of economic and social self-sufficiency for American 
Indians, Native Hawaiians, other Native American Pacific Islanders 
(including American Samoan Natives), and Alaska Natives.'' The 
Administration for Native Americans (ANA) executes this purpose through 
the provision of project-based financial assistance to Native Americans 
authorized under sections 803 and 803C of the NAPA, as well as through 
advocacy on behalf of Native Americans within the Department of Health 
and Human Services and with other departments and agencies of the 
Federal government ``regarding all Federal policies affecting Native 
Americans,'' under section 803B (c) of the NAPA.
    The regulations that are the subject of this Advance Notice of 
Proposed Rulemaking (ANPRM) are found in 45 CFR Part 1336. These 
regulations provide or describe rules necessary to fully implement the 
NAPA's statutory requirements and authorities and primarily originate 
from 1983, with the last updates occurring in 1996. Given the length of 
time since the last consideration of the NAPA regulations, through this 
ANPRM ANA is particularly interested in seeking information and 
recommendations from recipients and potential recipients of ANA 
financial assistance as well as

[[Page 64727]]

from Native Americans at-large who are the intended beneficiaries of 
the NAPA.

II. Overview of Requested Feedback

    On July 9 and 10, 2013 the Administration for Children and Families 
(ACF) hosted a tribal consultation in Washington, DC to consult on ACF 
programs and tribal priorities. This consultation helped ANA identify 
issues of concern and interest to the Indian tribes and Native American 
serving organizations in attendance and provided detailed and fact-
based information on the challenges facing Indian tribes, children, and 
families, particularly related to the language and cultural vitality of 
Native American communities. This ANPRM presents both general and 
targeted topics of interest to help prompt additional feedback related 
to both the financial assistance that ANA provides as well as topics 
related more broadly to policy development affecting Native Americans. 
It also welcomes all points of view on how to streamline regulatory 
requirements and procedures, provide clarity, and maximize flexibility 
balanced with ANA oversight and advocacy responsibilities.
    Pursuant to ACF's Tribal Consultation Policy, ANA believes this 
ANPRM can be considered a form of tribal consultation under section 
8.H.3 of such Policy. Accordingly, we intend to provide a detailed 
report on the comments, recommendations, and other input we receive 
summarizing the specific comments or groups of comments, responses, and 
other input received in response to this ANPRM.
    At such time as we are prepared to propose specific revisions and 
updates to the NAPA regulations, we will engage in notice-and-comment 
rulemaking and publish a Notice of Proposed Rulemaking (NPRM) in the 
Federal Register. In accordance with standard rulemaking procedures, 
the public will have an opportunity to comment on our proposed 
revisions at that time. Then, when the final rule is promulgated, ANA 
will summarize and respond to all substantive comments received on the 
NPRM.

A. General Regulatory Topics of Interest

    We are interested in comments and recommendations related to:
    <bullet> The scope and content of regulatory definitions (45 CFR 
1336.10).
    [ssquf] Are there terms referenced in the regulations for which a 
regulatory definition would be helpful? For example, a definition for 
`delegate agency,' `Funding Opportunity Announcement,' `maintenance of 
effort,' `Office of Chief Executive,' or `third-party T/TA'.
    <bullet> Procedures governing the financial assistance award 
process for Native American social and economic development projects, 
including projects supporting Native languages and regulation of 
environmental quality (45 CFR 1336.31-1336.35 and 1336.50-1336.52).
    <bullet> Alaska is 2.5 times the size of Texas and Alaska Natives 
make up 229 tribes living in over 220 rural villages, the majority of 
which are accessible only by plane or boat, weather permitting. The 
great distances in Alaska from one community to another, and from the 
state to the rest of the United States, present unique and varied 
challenges. ANA is interested in how such challenges affect 
applications for funding.
    <bullet> Eligibility for ANA financial assistance (45 CFR 1336.33).
    <bullet> Project evaluation standards by which ANA will measure the 
impact of funded projects, their effectiveness in achieving stated 
goals, their structure and mechanisms for delivery of services, and 
their impact on related programs (45 CFR 1336.40).
    <bullet> ANA is interested in grantees' and potential grantees' 
views about what information, factors, or other data are most relevant 
to ANA's evaluation of overall impact and effectiveness of ANA-funded 
projects.
    <bullet> ANA is interested in grantees' and potential grantees' 
views about potential methods for evaluating the impact of ANA-funded 
projects three or more years after a grant award period has ended.
    <bullet> ANA is interested in grantees' and potential grantees' 
views on required project reporting, including views on the frequency 
and burden associated with reporting and any recommendations related to 
how data reports could be shared with stakeholders.
    <bullet> Updates to subpart F governing ANA oversight of the Native 
Hawaiian Revolving Loan Fund (45 CFR 1336.60-1336.77).
    <bullet> ANA is interested in hearing from Native Hawaiians who 
have benefited from the Native Hawaiian Revolving Loan Fund on how the 
Fund has increased economic opportunities, capital formation, and 
credit worthiness for Native Hawaiians.
    <bullet> ANA is interested in views on allowable loan activities, 
time limits, and loan conditions.
    <bullet> Recently, ANA has issued clarifications describing 
prohibited conflicts of interest related to ANA-funded projects. ANA is 
considering establishing, in regulation, a comprehensive definition of 
a `prohibited conflict of interest' in order to minimize potential 
confusion.
    <bullet> ANA is interested in feedback on the following definition 
of `prohibited conflict of interest':
    Prohibited conflict of interest means a clash between the private 
interests of a person and that person's official duties and obligations 
under a project receiving ANA grant that cannot be resolved by recusal 
of the person from discussions, decisions, and actions in one role that 
affects the other.

B. Special Topics of Interest

    In addition to comments and recommendations responsive to Section 
II.A., ANA invites views and recommendations addressing the following 
topics:
    <bullet> Descriptions of the perceived barriers to Native American 
economic and social self-sufficiency and any recommendations to address 
such barriers.
    <bullet> Viewpoints on indicators of economic stability in Native 
American communities (such as poverty rate, earnings, employment, and 
educational attainment) and recommendations for improvements to promote 
increased economic self-sufficiency.
    <bullet> Thoughts on the roles of historical trauma and/or toxic 
stress in creating risks to the physical and mental health of Native 
American adults and children and recommendations for remediating such 
risks.
    <bullet> Information on the perceived impediments to Native 
Americans' greater participation in state-wide initiatives such as 
Quality Rating and Improvement Systems (QRIS) or state-wide data 
sharing.

III. Conclusion

    With this ANPRM, ANA is seeking input on issues and questions 
related to the subjects raised in the ANPRM that are of concern or 
interest to relevant stakeholders.

    Dated: June 17, 2014.
Mark Greenberg,
Acting Assistant Secretary for Children and Families.

    Approved: August 5, 2014.
Sylvia M. Burwell,
Secretary.
[FR Doc. 2014-25921 Filed 10-30-14; 8:45 am]
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