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Wednesday,

March 28, 2001

Part V

Department of
Education
Office of Vocational and Adult Education;
Tribally Controlled Postsecondary
Vocational and Technical Institutions
Program; Notice

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17036 Federal Register / Vol. 66, No. 60 / Wednesday, March 28, 2001 / Notices

DEPARTMENT OF EDUCATION (c) Is governed by a board of directors (8) 34 CFR part 97 (Protection of
or trustees, a majority of whom are Human Subjects).
[CFDA No.: 84.245] Indians; (9) 34 CFR part 98 (Student Rights In
(d) Demonstrates adherence to stated Research, Experimental Programs and
Office of Vocational and Adult goals, a philosophy, or a plan of Testing).
Education; Tribally Controlled operation, that fosters individual Indian (10) 34 CFR part 99 (Family
Postsecondary Vocational and economic and self-sufficiency Educational Rights and Privacy).
Technical Institutions Program opportunity, including programs that SUPPLEMENTARY INFORMATION:
are appropriate to stated tribal goals of
ACTION: Withdrawal of Notice Published General
developing individual
on March 23, 2001 and Publication of entrepreneurships and self-sustaining This notice implements section 117 of
New Notice Inviting Applications for economic infrastructures on the Carl D. Perkins Vocational and
New Awards for Fiscal Year (FY) 2001. reservations; Technical Education Act of 1998 (Pub.
(e) Has been in operation for at least L. 105–332), enacted October 31, 1998.
Notice to Applicants: On March 23,
3 years; Section 117 authorizes the Secretary to
2001, the Secretary published in the
(f) Holds accreditation with or is a award grants to tribally controlled
Federal Register (66 FR 16195) a notice
candidate for accreditation by a postsecondary vocational and technical
inviting applications for new awards for
nationally recognized accrediting institutions to operate vocational and
FY 2001 in the Tribally Controlled technical education programs.
Postsecondary Vocational and Technical authority for postsecondary vocational
and technical education; and The 1998 amendments to the Perkins
Institutions Program. This notice Act changed many of the requirements
(g) Enrolls the full-time equivalent of
withdraws and replaces the notice applicable to the TCPVTIP. Former
not less than 100 students, of whom a
published on March 23, 2001 at 66 FR grant recipients under the Tribally
majority are Indians.
16195, because the wrong version was Deadline for Transmittal of Controlled Postsecondary Vocational
erroneously published on March 23rd. Applications: May 29, 2001. Institutions Program will find that the
This notice is a complete application Available Funds: $5,600,000 for the changes brought about by the 1998
package. Together with the statute first 12 months of the 36-month project amendments are likely to have a
authorizing the program and the period. Funding for the second and noticeable impact on how tribal
Education Department General third 12-month periods of the project is postsecondary institutions must now
Administrative Regulations (EDGAR), subject to the availability of funds and operate projects.
the notice contains all of the to a grantee meeting the requirements of The following summary is intended to
information, application forms, and 34 CFR 75.253. help potential applicants to become
instructions needed to apply for a grant Estimated Range of Awards: $500,000 familiar with important changes to the
under this competition. to $1,250,000 for the first 12 months. TCPVTIP and with the way in which
SUMMARY: The Secretary invites Estimated Average Size of Awards: these changes impact on the
applications for new awards for FY 2001 $700,000. administration of the TCPVTIP.
under the Tribally Controlled Estimated Number of Awards: 8.
Postsecondary Vocational and Technical Changes to the Program
Note: The Department is not bound by any
Institutions Program (TCPVTIP or the estimates in this notice. (a) Eligibility. Under the definition of
program) authority of section 117 of the ‘‘tribally controlled postsecondary
Carl D. Perkins Vocational and Project Period: 3 years. vocational and technical institution’’ in
Technical Education Act of 1998 (the Applicable Statute and Regulations:
section 3(28) of the Act, institutions of
Act or the 1998 amendments) (20 U.S.C. (a) The relevant provisions of the Carl
higher education meeting the eligibility
2327) and announces deadline dates for D. Perkins Vocational and Technical
requirements in section 3(28)(A)–(G) of
the transmittal of applications for Education Act of 1998, 20 U.S.C. 2301
the Act are eligible to apply for and
funding under the program. et seq., in particular sections 117(a)–(f)
receive awards under the TCPVTIP.
Purpose of Program: Section 117 of and (h) of the Act, 20 U.S.C. 2327(a)–(f)
Prior to the 1998 amendments, tribally
the Act authorizes the Secretary to make and (h).
(b) The Education Department controlled community colleges
grants to tribally controlled generally were not considered eligible
General Administrative Regulations
postsecondary vocational and technical under this program. See 57 F.R. 36773–
(EDGAR) as follows:
institutions to provide basic support for (1) 34 CFR part 74 (Administration of 74 (August 14, 1992) (Section 410.5,
the education and training of Indian Grants and Agreements to Institutions of definition of ‘‘Tribally controlled
students in vocational and technical Higher Education, Hospitals, and Other postsecondary vocational institution’’.)
education programs. Nonprofit Organizations). Under this notice, funding opportunities
Eligible Applicants: A tribally (2) 34 CFR part 75 (Direct Grant are provided for additional tribal
controlled postsecondary vocational and Programs). institutions to strengthen their
technical institution is eligible to (3) 34 CFR part 77 (Definitions that vocational and technical education
receive a grant under this program if it Apply to Department Regulations). programs.
is an institution of higher education (as (4) 34 CFR part 81 (General Education (b) Allowable expenses. (1) Unlike
defined section 101 of the Higher Provisions Act—Enforcement). part H of the Carl D. Perkins Vocational
Education Act of 1965 and in the (5) 34 CFR part 82 (New Restrictions and Applied Technology Education Act
‘‘DEFINITIONS’’ section of this notice) on Lobbying). of 1990 (20 U.S.C. 2301 et seq.), section
that— (6) 34 CFR part 85 (Governmentwide 117 of the Act does not provide for
(a) Is formally controlled, or has been Debarment and Suspension grants for the operation, maintenance,
formally sanctioned or chartered, by the (Nonprocurement) and expansion, or improvement of tribally
governing body of an Indian tribe or Governmentwide Requirements for controlled postsecondary vocational
tribes; Drug-Free Workplace (Grants)). institutions. Instead, under section 117
(b) Offers a technical degree or (7) 34 CFR part 86 (Drug and Alcohol of the Act, grants are to be used to fund
certificate granting program; Abuse Prevention). projects that provide basic support for

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Federal Register / Vol. 66, No. 60 / Wednesday, March 28, 2001 / Notices 17037

vocational and technical education October 1 of each year who carried a (1) Admits as regular students only
programs for Indian students. (20 U.S.C. part-time academic workload, as persons having a certificate of
2327(a), (b), and (e)). Costs that are not determined by the institution. This graduation from a school providing
specifically authorized by section 117 of figure does not include summer school secondary education, or the recognized
the Act or clearly associated with or continuing education registrants. equivalent of such a certificate;
vocational and technical programs for (c) Summer students. The full-time (2) Provides an educational program
Indians, such as the administrative equivalent of the total number of credit for which the institution awards a
expenses of the entire institution, will or clock hours earned toward a bachelor’s degree or provides not less
not be considered by the Secretary as certificate or degree at the institution by than a 2-year program that is acceptable
allowable direct costs under this Indian students during the summer for full credit toward such a degree;
program. term. Credit or clock hours toward a (3) Is a public or other nonprofit
(2) While section 117(e)(1)(B) of the certificate or degree earned in classes institution; and
Act continues to authorize the use of during a summer term are counted only (4) Is accredited by a nationally
grant funds for capital expenditures, if the tribally controlled postsecondary recognized accrediting agency or
including operations and maintenance, vocational and technical institution has association, or if not so accredited, is an
and minor improvements and repair, established criteria for the admission of institution that has been granted
and physical plant maintenance costs, summer term students on the basis of preaccreditation status by such an
under the Act these costs are allowable the students’ ability to benefit from the agency or association that has been
only when incurred for the conduct of education or training offered. The recognized by the Secretary of the
programs funded under section 117 of institution shall be presumed to have Interior for the granting of
the Act. (20 U.S.C. 2327(e)(1)(B)). established those criteria if the preaccreditation status, and the
(3) Section 117(e)(1)(A) of the Act Secretary of the Interior has determined
admission procedures for those studies
specifically authorizes student stipends, that there is satisfactory assurance that
include counseling or testing that
whereas the previous statute did not. the institution will meet the
measures the students’ aptitude to
Institutions may provide a stipend to a accreditation standards of such an
successfully complete the courses in
student to enable the student to agency or association within a
which the students have enrolled.
participate in a vocational and technical reasonable time.
(d) Continuing education students. (b) The term also includes—
education program under section 117 of The full-time equivalent of the total
the Act. (20 U.S.C. 2327(e)(1)(A)). (1) Any school that provides not less
number of credit or clock hours earned than a 1-year program of training to
(c) Supplanting. In accordance with by Indian students enrolled in the
section 311(a) of the Act, funds awarded prepare students for gainful
institution’s continuing education employment in a recognized occupation
under this program must supplement, program. (20 U.S.C. 2327(h)(2)).
and cannot supplant, non-Federal funds and that meets the provisions of
Under section 117(h)(2)(C) of the Act, paragraphs (a)(1), (3), and (4) of this
used to carry out vocational and the Indian student count does not
technical education activities and tech- definition.
include either credit earned by students (2) A public or nonprofit private
prep activities. (20 U.S.C. 2391). Under for purposes of obtaining a high school
the Department’s administrative educational institution in any State that,
degree or its equivalent, or the number in lieu of the requirement in paragraph
regulations, because of this new of students registered in programs that
statutory prohibition against (a)(1) of this definition, admits as
provide a high school degree or its regular students persons who are
supplanting in the TCPVTIP, grantees equivalent. (20 U.S.C. 2327(h)(2)(C)).
will also be required to apply their beyond the age of compulsory school
If grantees use inconsistent methods attendance in the State in which the
negotiated restricted indirect cost rates
for converting credit and clock hours to institution is located.
to this program. (See 34 CFR 75.563).
a full-time equivalent, in order to arrive (Authority: 20 U.S.C. 1001 and 2302(28))
There was no supplanting provision
at a consistent calculation of the full-
applicable to this program prior to the Stipend means a subsistence
time equivalent for students in summer
1998 amendments. allowance for a student that is necessary
and continuing education programs
Definitions using the semester, trimester, or quarter for the student to participate in a project
system, the Secretary will divide the funded under this program.
Indian means a person who is a Tribally Controlled Community
member of an Indian tribe. number of credit hours by 12 and the
number of clock hours by 24. College or University means an
Indian student count means a number institution of higher education which is
equal to the total number of Indian Indian tribe means any Indian tribe,
band, nation, or other organized group formally controlled, or has been
students enrolled in a tribally controlled formally sanctioned, or chartered, by the
postsecondary vocational and technical or community, including any Alaskan
Native or regional or village corporation governing body of an Indian tribe or
institution determined by adding the tribes, except that no more than one
figures for paragraphs (a) through (d) of as defined in or established pursuant to
the Alaskan Native Claims Settlement such institution shall be recognized
this definition: with respect to any such tribe.
(a) Full-time students. The number of Act (43 U.S.C. 1601 et seq.), which is
Indian students registered at the recognized as eligible for the special (Authority: 20 U.S.C. 2302(27) and 25 U.S.C.
institution on October 1 of each year, programs and services provided by the 1801(a)(4))
who carried a full-time academic United States to Indians because of their Tribally Controlled Postsecondary
workload, as determined by the status as Indians. (20 U.S.C. 2327(h)(1); Vocational and Technical Institution
institution. This figure does not include 25 U.S.C. 1801(a)(2)). means an institution of higher education
summer school registrants, continuing Institution of higher education, as (as defined in the ‘‘Definitions’’ section
education registrants, or part-time defined in section 3(28) of the Act and of this notice) that—
students. in section 101 of the Higher Education (a) Is formally controlled, or has been
(b) Part-time students. The full time Act of 1965, means— formally sanctioned or chartered, by the
equivalent of the number of Indian (a) An educational institution in any governing body of an Indian tribe or
students registered at the institution on State that— tribes;

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17038 Federal Register / Vol. 66, No. 60 / Wednesday, March 28, 2001 / Notices

(b) Offers a technical degree or program funded under section 117 of (5) An institution may only award a
certificate granting program; the Act, including development costs, stipend if the stipend combined with
(c) Is governed by a board of directors costs of basic and special instruction other resources the student receives
or trustees, a majority of whom is (including special programs for does not exceed the student’s financial
Indians; individuals with disabilities and need. The student’s financial need is the
(d) Demonstrates adherence to stated academic instruction), materials, difference between the student’s cost of
goals, a philosophy, or a plan of student costs, administrative expenses, attendance and the financial aid or other
operation that fosters individual Indian boarding costs, transportation, student resources that will be used to defray the
economic and self-sufficiency services, daycare and family support costs of the student participating in the
opportunity, including programs that programs for students and their families TCPVTIP.
are appropriate to stated tribal goals of (including contributions to the costs of (6) To calculate the amount of a
developing individual education for dependents) and student student’s stipend, a grantee would
entrepreneurships and self-sustaining stipends; multiply the number of hours a student
economic infrastructures on (2) Capital expenditures, including actually attends vocational and
reservations; operations and maintenance, and minor technical education instruction by the
(e) Has been in operation for at least improvements and repair, and physical amount of the minimum hourly wage
3 years; plant maintenance costs, for the conduct that is prescribed by State or local law,
(f) Holds accreditation with or is a of vocational and technical education or by the minimum hourly wage that is
candidate for accreditation by a programs funded under section 117 of established under the Fair Labor
nationally recognized accrediting the Act; and Standards Act.
authority for postsecondary vocational (3) Cost associated with the repair,
and technical education; and Example: If a grantee uses the Fair Labor
upkeep, replacement, and upgrading of Standards Act minimum hourly wage of
(g) Enrolls the full-time equivalent of instructional equipment used in $6.15 and a student attends classes for 18
not less than 100 students, of whom a vocational and technical education hours a week, the student’s stipend would be
majority is Indians. programs funded under the grant. (20 $110.70 for the week during which the
(Authority: 20 U.S.C. 2302(28)) U.S.C. 2327(e)(1)). student attends classes ($6.15 × 18 = 110.70).
Vocational and technical education (b) Student stipends. (1) A tribally Attendance Costs Under This Program
means organized educational activities controlled postsecondary vocational and May Not Be Considered as Income
that— technical institution may provide a
(1) Offer a sequence of courses that stipend to a student to enable the (a) The portion of any student
provides an individual with the student to participate in a vocational financial assistance received under the
academic and technical knowledge and and technical education program under Act that is made available for
skills the individual needs to prepare section 117 of the Act. attendance costs described in paragraph
for further education and careers (other (2) In order to receive a stipend, the (b) of this section of the notice may not
than careers requiring a baccalaureate, student must— be considered as income or resources in
master’s, or doctoral degree) in current (i) Be enrolled in a vocational and determining eligibility for assistance
or emerging employment sectors; and technical education project funded under any other program funded in
(2) Include competency-based applied under this program as at least a half- whole or in part with Federal funds.
learning that contributes to an time student; (b) For purposes of this section,
individual’s academic knowledge, (ii) Be in regular attendance in a attendance costs are—
higher-order reasoning and problem- TCPVTIP project and meet the tribally (1) Tuition and fees normally assessed
solving skills, work attitudes, general controlled postsecondary institution’s a student carrying the same academic
employability skills, technical skills, attendance requirement; workload as determined by the
and occupational-specific skills. (iii) Maintain satisfactory progress in institution, including costs for rental or
For the purposes of this definition, his or her course of study according to purchases of any equipment, materials,
the term ‘‘sequence of courses’’ means a the tribally controlled postsecondary or supplies required of all students in
series of courses in which vocational institution’s published standards of the same course of study; and
and academic education are integrated, satisfactory progress; and (2) An allowance for books, supplies,
and which directly relates to, and leads (iv) Have an acute economic need transportation, dependent care, and
to, both academic and occupational that— miscellaneous personal expenses for a
competencies. (A) Prevents participation in a project student attending an institution on at
(Authority: 20 U.S.C. 2301(2) and 2302 (29)) funded under this program; and least a half-time basis, as determined by
(B) Cannot be met through a work- the institution.
Note: Applicants are encouraged to review
all applicable definitions in section 3 of the study program. (Authority: 20 U.S.C. 2415)
Act. (3) Acute economic need means an
income, of the family of a dependent Eligibility for Assistance Under This
Eligible Programs, Services, and student or of an independent student, Program May Not Preclude Assistance
Activities that is at or below the national poverty Under Other Programs
Under the TCPVTIP, projects may use level according to the latest available Except as specifically provided for in
grant funds to pay for the following— data from the Department of Commerce the Act, eligibility for assistance under
(a) Authorized expenses. The or the Department of Health and Human this program shall not preclude any
Secretary awards grants to carry out Services Poverty Guidelines. tribally controlled postsecondary
projects that provide vocational and (4) The amount of a stipend may be vocational and technical institution
technical education programs to Indian the greater of either the minimum from receiving Federal financial
students. Grants may be used to pay for hourly wage prescribed by State or local assistance under any program
expenses associated with— law, or the minimum hourly wage authorized under the Higher Education
(1) The maintenance and operation of established under the Fair Labor Act of 1965, or any other applicable
the vocational and technical education Standards Act. program for the benefit of institutions of

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Federal Register / Vol. 66, No. 60 / Wednesday, March 28, 2001 / Notices 17039

higher education or vocational and following competitive priorities. The (i) The magnitude of the need for the
technical education. Secretary awards up to five points to specific services to be provided or
(Authority: 20 U.S.C. 2327(f)(1)) applicants that meet the competitive specific activities to be carried out by
priority in a particularly effective way. the proposed project, as evidenced by
Content of The Application These priority points are in addition to data such as local labor market demand,
To receive a grant under the any points an applicant earns under the occupational trends, advice from an
TCPVTIP, an applicant must include the selection criteria for the program. advisory board for a course of study,
following information in the surveys, recommendations from
Competitive Priority 1—High interest/
application: accrediting agencies, or tribal economic
high demand areas (up to 5 points)
(a) Documentation showing that the development plans.
institution is eligible according to each Projects that propose to introduce, (ii) The extent to which specific gaps
of the requirements in the ‘‘Eligible expand, or refine ‘‘high interest/high or weaknesses in services,
Applicants’’ section of this notice, demand’’ vocational and technical infrastructure, or opportunities have
including meeting the definition of the education programs in the applicant been identified and will be addressed by
term ‘‘institution of higher education’’ institution. The need for ‘‘high interest/ the proposed project, including the
(e.g., proof of the accreditation of the high demand’’ programs should be nature and magnitude of those gaps or
institution, resolution from an Indian based on the institution reviewing such weaknesses.
tribe). evidence as changing trends in an (b) Significance. (10 points) (1) The
(b) For each of the past three occupation, documented labor market Secretary considers the significance of
academic years— needs, or evidence of emerging jobs in the proposed project.
(i) A list of the vocational and the career or occupational area (e.g., (2) In determining the significance of
technical education certificate and occupational forecast data, survey data the proposed project, the Secretary
degree programs that were offered by from interested persons and business considers the following factors:
the institution (e.g., Nursing, owners in the local area). (i) The likelihood that the proposed
Automotive Technology); and Competitive Priority 2—Professional project will result in system change or
(ii) For the vocational and technical improvement in the applicant’s
development (up to 5 points)
education program(s), the total number educational program.
of students that enrolled, dropped out, Projects that propose on-going (ii) The extent to which the proposed
graduated, and were placed in professional development activities project is likely to build local capacity
additional training or education, (e.g., internships, teacher externships, to provide, improve, or expand services
military service, or employment after business/education collboratives, use of that address the vocational and
graduation. technology to facilitate training technical education needs of the target
(c) The institution’s Indian student activities) intended to enhance the population.
counts, as defined in this notice, for teaching or occupational skills and
(iii) The extent to which the proposed
academic years 1998–1999 and 1999– competencies of the applicant’s staff
project involves the development or
2000. who serve vocational and technical
demonstration of promising new
(d) The courses of study to be education students. The training should
strategies that build on, or are
supported under the TCPVTIP project. be designed to help the staff to better
alternatives to, existing strategies for
(e) The number of students to be meet the vocational and technical
providing vocational and technical
served in the proposed project in each educational goals and objectives of the
education to Native Americans.
course of study. proposed project. To the extent possible,
(f) Goals and objectives for the (iv) The extent to which the results of
professional development activities
proposed project, including how the the proposed project are to be
should be related to training students
goals and objectives further the tribal disseminated in ways that will enable
for emerging occupations relevant to the
economic develop plan. vocational and technical education
needs of the community.
(g) Long-range and short-range needs practitioners to use the information or
to be addressed by the project, including Competitive Priority 3—Student strategies developed by the proposed
the institution’s plans for the placement recruitment, retention, and course project.
of students (e.g., placement into completion. (up to 5 points) (c) Quality of the project design. (25
additional training or education, Projects that propose, as a part of their points) (1) The Secretary considers the
military service, or employment). TCPVTIP projects’ vocational and quality of the design of the proposed
(h) A detailed budget identifying the technical education program, to use project.
costs to be paid with a grant under this effective techniques for increasing (2) In determining the quality of the
program and resources available from student recruitment, enrollment, design of the proposed project, the
other Federal, State, and local sources, retention, and completion. The Secretary considers the following
including any student financial aid, that effectiveness of the techniques must be factors:
will be used to achieve the goals and supported by empirical data. (i) The extent to which goals,
objectives of the proposed project. objectives, and outcomes are clearly
(i) Strategies and resources for Selection Criteria specified and measurable (e.g., student
objectively evaluating the institution’s The Secretary uses the following vocational and technical education
progress towards, and success in, criteria to evaluate an application. The activities; expected enrollments,
achieving the goals and objectives of the maximum score for each criterion is completions, and student placements in
project. (20 U.S.C. 2302(28); 2327(a), (c), indicated in parentheses. jobs, military specialties, and
(d), (e), (g)(1), and (h)(2)) (a) Need for project. (15 points) (1) continuing education/training
The Secretary considers the need for the opportunities in each vocational
Competitive Priorities proposed project. training area; the number of teachers,
Under the authority of 34 CFR (2) In determining the need for the counselors, and administrators to be
75.105(c)(2)(ii), the Secretary gives proposed project, the Secretary trained; identification of requirements
preference to applications that meet the considers the following factors: for each course of study; description of

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17040 Federal Register / Vol. 66, No. 60 / Wednesday, March 28, 2001 / Notices

performance outcomes; and description employment from persons who are standards for accomplishing project
of the planned dissemination activities). members of groups that have tasks.
(ii) The extent to which the design of traditionally been underrepresented (ii) The extent to which the time
the proposed project is appropriate to, based on race, color, national origin, commitments of the project director and
and will successfully address, the needs gender, age, or disability. other key project personnel are
of the target population or other (3) In addition, the Secretary appropriate and adequate to meet the
identified needs. considers the following factors: objectives of the proposed project.
(iii) The extent to which the proposed (i) The qualifications, including (iii) The adequacy of procedures for
activities constitute a coherent, relevant training and experience, of the ensuring feedback and continuous
sustained program of training in the project director. improvement in the operation of the
field and the courses of study are (ii) The qualifications, including proposed project.
accredited. relevant training and experience, of key (iv) The adequacy of mechanisms for
(iv) The extent to which the proposed project personnel, especially the extent ensuring high-quality outcomes and
project will establish linkages with to which the proposed project will use services from the proposed project.
other appropriate agencies and instructors who are qualified to teach in (h) Quality of project evaluation. (20
organizations providing services to the the fields in which they will provide points)
target population. instruction. (1) The Secretary considers the
(d) Quality of project services. (25 (iii) The qualifications, including quality of the evaluation to be
points) (1) The Secretary considers the relevant training and experience, of conducted by an independent evaluator
quality of the services to be provided by project consultants or subcontractors. of the proposed project.
the proposed project. (f) Adequacy of resources. (5 points) (2) In determining the quality of the
(2) In determining the quality of the (1) The Secretary considers the evaluation, the Secretary considers the
services to be provided by the proposed adequacy of resources for the proposed following factors:
project, the Secretary considers the project. (i) The extent to which the methods
quality and sufficiency of strategies for (2) In determining the adequacy of of evaluation proposed by the grantee
ensuring equal access and treatment for resources for the proposed project, the are thorough, feasible, and appropriate
eligible project participants who are Secretary considers the following to the goals, objectives, and outcomes of
members of groups that have factors: the proposed project.
traditionally been underrepresented (i) The adequacy of support, including (ii) The extent to which the methods
based on race, color, national origin, facilities, equipment, supplies and other of evaluation include the use of
gender, age or disability. resources, from the applicant objective performance measures that are
(3) In addition, the Secretary institution. clearly related to the intended outcomes
considers the following factors: (ii) The relevance and demonstrated of the project and the Government
(i) The extent to which the services to commitment (e.g., articulation Performance and Results Act (GPRA)
be provided by the proposed project are agreements, memoranda of objective and performance indicator
appropriate to the needs of the intended understanding, letters of support, discussed elsewhere in this notice, and
recipients or beneficiaries of those commitments to employ project will produce quantitative and
services. participants) of the applicant, tribal qualitative data to the extent possible.
(ii) The extent to which the services entities to be served by the project, and (iii) The extent to which the methods
to be provided by the proposed project local employers. of evaluation will provide performance
reflect up-to-date knowledge from (iii) The extent to which the costs are feedback and permit periodic
research and effective practice. reasonable in relation to the objectives, assessment of progress toward achieving
(iii) The extent to which training or design, services, and potential intended outcomes.
professional development services to be significance of the proposed project. (iv) The extent to which the
provided by the proposed project for the (iv) The extent to which the costs are evaluation will provide guidance about
staff of its vocational and technical reasonable in relation to the number of effective strategies suitable for
education program are of sufficient persons to be served and to the replication or testing in other settings.
quality, intensity, and duration to lead anticipated results and benefits. (Approved by the Office of Management
to improvements in practices among the (v) The potential for continued and Budget under Control No. 1830–
applicant’s staff. support of the key project activities after 0542)
(iv) The likelihood that the services to Federal funding ends, including, as
be provided by the proposed project appropriate, the demonstrated Program Requirements
will lead to improvements in the commitment of appropriate entities to To ensure the high quality of
achievement of students as measured provide such support. TCPVTIP projects and the achievement
against rigorous program-defined (g) Quality of the management plan. of the goals and purposes of section
academic standards. (10 points) (1) The Secretary considers 117(a)–(f) and (h) of the Act, the
(v) The likelihood that services to be the quality of the management plan for Secretary establishes the following
provided by the proposed project will the proposed project. program requirements:
lead to improvements in the skills (2) In determining the quality of the (a) Evaluation. (1) Each grantee shall
necessary to gain employment or build management plan for the proposed budget for and conduct an ongoing
capacity for independent living. project, the Secretary considers the evaluation of its effectiveness. The
(e) Quality of project personnel. (15 following factors: evaluation must be conducted by an
points) (1) The Secretary considers the (i) The adequacy of the management independent evaluator.
quality of the personnel who will carry plan to achieve the objectives of the (2) The evaluation must—
out the proposed project. proposed project on time and within (i) Be appropriate for the project and
(2) In determining the quality of budget, including clearly defined be both formative and summative in
project personnel, the Secretary responsibilities for carrying out each nature;
considers the extent to which the activity under the project, timelines, (ii) Include performance measures
applicant encourages applications for and the milestones and performance that are clearly related to the intended

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outcomes of the project and the (B) The number and kind of academic, agencies accountable for achieving
Government Performance and Results vocational and technical, and work program results. Under GPRA,
Act (GPRA) objective and performance credentials and competencies acquired departments and agencies must clearly
indicator for the TCPVTIP, which is and demonstrated by individuals describe the goals and objectives of their
discussed elsewhere in this notice; and participating in the project, especially programs, identify resources and actions
(iii) Measure the effectiveness of the the number of students earning needed to accomplish these goals and
project, including a comparison certificates and degrees. Grantees objectives, develop a means of
between the intended and observed should also report students’ measuring progress made, and regularly
results, and a demonstration of a clear participation in programs providing report on their achievement. One
link between the observed results and training at the associate degree level that important source of program
the specific treatment given to project is articulated with an advanced degree information on successes and ‘‘lessons
participants. option; and learned’’ is the project evaluation
(3) A proposed project evaluation (C) The number of referrals the project conducted under individual grants. In
design must be submitted to the made to social services and related accordance with GPRA requirements,
Department for review and approval services to aid participants to benefit TCPVTIP grantees are asked to include
prior to the end of the first six months from the project, to prepare them for the following objective and performance
of the project period. employment, or to assist them in indicator when evaluating the success of
(4) As required in paragraph (b)(2) of obtaining employment. their projects:
the ‘‘Program Requirements’’ section of (2) An annual evaluation report that is The extent to which vocational
this notice, the interim and final results submitted along with the annual students served in tribally controlled
of this evaluation must be submitted to performance report. postsecondary vocational and technical
the Secretary along with the annual (3) An annual accurate and detailed institutions make successful transitions
performance report. (34 CFR 75.590) accounting of the institution’s operating to work or continuing education. The
(b) Reporting. Each grantee shall and maintenance expenses and such Department’s performance indicator for
submit to the Secretary the following other information concerning costs as this objective is that by fall 2002, 60%
reports— the Secretary may reasonably require. of vocational students will receive an
(1) An annual performance report, (20 U.S.C. 2327(e)(2)). AA degree or certificate.
unless the Secretary requires more (Approved by the Office of Management and
frequent reporting, summarizing (Approved by the Office of Management and
Budget under Control Number 1830–0542) Budget under Control Number 1830–0542)
significant project accomplishments
and, if applicable, barriers impeding Determination of Number and Funding Waiver of Rulemaking
progress and steps taken to alleviate Level of Grants While it is generally the practice of
those barriers. A performance report (a) The number of grants made and the Secretary to offer interested parties
must include, for the period covered by the amount of each grant is determined the opportunity to comment on a
the report— under the provisions of 34 CFR 75.230– regulation before it is implemented,
(i) A comparison of actual section 437(d)(1) of the General
75.234 and section 117(e) of the Act.
accomplishments in relation to the Education Provisions Act exempts from
The formula in section 117(c) of the Act
objectives established for the period and formal rulemaking requirements,
does not apply to the first year of
a description of any problems, delays, or regulations governing the first grant
funding under this competition.
adverse conditions that materially competition under a new or
(b) For fiscal years subsequent to the
impair the ability of the project to substantially revised program authority
first year of funding under this
accomplish its purposes, the reasons for (20 U.S.C. 1232(d)(1)). The program
competition—
such problems, delays or adverse authority for what was formerly known
(i) The Secretary will determine the
conditions, and an explanation of any as the Tribally Controlled Postsecondary
number of grants and the amount of
action or actions taken or contemplated Vocational Institutions Program was
each grant based on the availability of
to resolve the difficulties. Note: substantially revised on October 31,
appropriations, 34 CFR 75.253, and
Grantees must request prior approval for 1998 by section 117 of Pub. L. 105–332.
section 117(e) of the Act; and
a change in the scope or the objectives In order to make awards on a timely
(ii) If appropriations for each such
of the project or program (even if there basis, the Secretary has decided to
subsequent fiscal year are not sufficient
is no associated budget revision publish this notice in final form under
to fund the total amount that approved
requiring prior written approval). (34 the authority of section 437(d)(1).
grantees are eligible to receive, the
CFR 74.25(c)); Instructions for Transmittal of
(ii) A description of any favorable Secretary will allocate grant amounts in
accordance with section 117(c) of the Applications
developments that will permit the
project to accomplish its purposes Act. Applicants are required to submit one
sooner, at less cost, or more effectively (Authority: 20 U.S.C. 2327(c)) original signed application and two
than projected; copies of the application. All forms and
Government Performance and Results
(iii) The institution’s Indian student assurances must have ink signatures.
Act
counts, as defined in this notice; and Please mark applications as ‘‘original’’
(iv) A report covering— The Government Performance and or ‘‘copy’’. To aid with the review of
(A) The extent to which the project Results Act of 1993 (GPRA) places applications, the Department
achieved its goals with respect to management expectations and encourages applicants to submit four
enrollment, completion, and placement requirements on Federal departments additional paper copies of the
(into additional training or education, and agencies by creating a framework application. The Department will not
military service, or employment) of for more effective planning, budgeting, penalize applicants who do not provide
participants for the most recently program evaluation, and fiscal additional copies.
completed training cycle(s), by gender accountability for Federal programs. (a) If an applicant wants to apply for
and by courses of study for which The intent of GPRA is to improve public a grant under this competition, the
instruction was provided; confidence by holding departments and applicant must either—

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(1) Mail the original and two copies ‘‘Content of the Application’’ section of documents published in the Federal
of the application on or before the this notice. The parts and additional Register, in text or Adobe Portable
deadline date to: U.S. Department of materials are as follows: Document Format (PDF) on the Internet
Education, Application Control Center, (1) Application for Federal Education at either of the following sites:
Attention: (CFDA #84.245), Washington, Assistance (ED Form 424 (Rev. 11–12– http://ocfo.ed.gov/fedreg.htm
DC 20202–4725, or 99)) and instructions. http://www.ed.gov/news.html
(2) Hand deliver the original and two (2) Budget Information—Non-
copies of the application by 4:30 p.m. Construction Programs (ED Form No. To use the PDF you must have the
(Washington, DC time) on or before the 524) and instructions. Adobe Acrobat Reader which is
deadline date to: U.S. Department of (3) Budget Narrative. available free at either of the preceding
Education, Application Control Center, (4) Program Narrative. sites. If you have questions about using
Attention: (CFDA #84.245), Room (5) Additional Assurances and the PDF, call the U.S. Government
#3633, Regional Office Building #3, 7th Certifications: Printing Office (GPO), toll free, at 1–
and D Streets, SW., Washington, DC a. Assurances—Non-Construction 888–293–6498; or in the Washington,
(b) An applicant must show one of the Programs (Standard Form 424B). DC, area at (202) 512–1530.
following as proof of mailing: b. Certification regarding Lobbying, Note: The official version of this document
(1) A legibly dated U.S. Postal Service Debarment, Suspension, and Other is the document published in the Federal
postmark. Responsibility Matters; and Drug-Free Register. Free Internet access to the official
(2) A legible mail receipt with the Workplace Requirements (ED 80–0013) edition of the Federal Register and the Code
date of mailing stamped by the U.S. and instructions. of Federal Regulations is available on GPO
c. Certification regarding Debarment, Access at: http://www.access.gpo.gov/nara/
Postal Service. index.html
(3) A dated shipping label, invoice, or Suspension, Ineligibility and Voluntary
receipt from a commercial carrier. Exclusion: Lower Tier Covered Program Authority: 20 U.S.C. 2327(a)–(f)
(4) Any other proof of mailing Transactions (ED Form 80–0014, 9/90) and (h).
acceptable to the Secretary. and instructions. Dated: March 23, 2001.
(c) If an application is mailed through Note: ED Form 80–0014 is intended for the Dennis L. Berry,
the U.S. Postal Service, the Secretary use of grantees and should not be transmitted Acting Deputy Assistant Secretary, Office of
does not accept either of the following to the Department. Vocational and Adult Education.
as proof of mailing:
d. Disclosure of Lobbying Activities Estimated Public Reporting Burden
(1) A private metered postmark.
(Standard Form LLL), if applicable, and
(2) A mail receipt that is not dated by According to the Paperwork
instructions.
the U.S. Postal Service. Reduction Act of 1995, no persons are
e. Notice to All Applicants.
Notes: (1) The U.S. Postal Service does not No grant or cooperative agreement required to respond to a collection of
uniformly provide a dated postmark. Before may be awarded unless a completed information unless it displays a valid
relying on this method, an applicant should application form has been received. OMB control number. The valid OMB
check with its local post office. control number for this information
(2) The Application Control Center will FOR FURTHER INFORMATION CONTACT: Paul
Geib, Special Programs Branch, Division collection is 1830–0542. Expiration
mail a Grant Application Receipt
Acknowledgment to each applicant. If an of National Programs, Office of date: September 30, 2003. The time
applicant fails to receive the notification of Vocational and Adult Education, U.S. required to complete this information
application receipt within 15 days from the Department of Education, 400 Maryland collection is estimated to average 208
date of mailing the application, the applicant Avenue, SW. (Room 4528, Mary E. hours per response, including the time
should call the U.S. Department of Education Switzer Building), Washington, DC to review instructions, search existing
Application Control Center at (202) 708– data resources, gather the data needed,
20202–7242. Telephone (202) 205–9962.
9494. and complete and review the
(3) The applicant must indicate on the Internet address: paul_geib@ed.gov
Individuals who use a information collection.
envelope and—if not provided by the
Department—in Item 10 of the Application telecommunications device for the deaf If you have any comments concerning
for Federal Assistance (ED Form 424) the (TDD) may call the Federal Information the accuracy of the time estimates or
CFDA number—and suffix letter, if any—of Relay Service (FIRS) at 1–888–877– suggestions for improving this form,
the competition under which the application 8339. please write to: U.S. Department of
is being submitted. Individuals with disabilities may Education, Washington, D.C. 20202–
obtain this notice in an alternate format 4651.
Application Instructions and Forms If you have comments or concerns
(e.g., Braille, large print, audiotape, or
All forms and instructions are computer diskette) on request to the regarding the status of your individual
included in Appendix A to this notice. contact person listed at the beginning of submission of this information
Questions and answers pertaining to this paragraph. Please note, however, collection, write directly to: Paul Geib,
this program are included, as Appendix that the Department is not able to Division of National Programs, Office of
B, to assist potential applicants. reproduce in an alternate format the Vocational and Adult Education, U.S.
To apply for an award under this standard forms included in the notice. Department of Education, 400 Maryland
program competition, your application Avenue, SW, Room 4512, Mary E.
must be organized in the following Electronic Access to This Document Switzer Building, Washington, DC
order, include the following five parts, You may view this document, as well 20202–7242.
and contain the information in the as all other Department of Education BILLING CODE 4000–01–P

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BILLING CODE 4000–01–C

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Part II—Budget Information who, what, when, why, and how, of programmatic and administrative regulations
your proposed project. governing various direct grant programs. To
Instructions for Part II—Budget Although you will not have a form to assist potential applicants, the Department
Information fill out for your narrative, there is a has assembled the following most commonly
asked questions followed by the
Sections A and B—Budget Summary format. This format is based on the Department’s answers.
by Categories selection criteria. Because your Q. Can we get an extension of the
1. Personnel: Show salaries to be paid application will be reviewed and rated deadline?
to personnel for each budget year. by a review panel on the basis of the A. No. A closing date may be changed only
2. Fringe Benefits: Indicate the rate selection criteria, your narrative should under extraordinary circumstances. Any
and amount of fringe benefits for each follow the order and format of the change must be announced in the Federal
budget year. criteria. Register and must apply to all applications.
3. Travel: Indicate the amount Waivers for individual applications cannot
Before preparing your application,
be granted regardless of the circumstances.
requested both local and out of State you should carefully read the legislation Q. How many copies of the application
travel of Program Staff for each budget and EDGAR rules governing the should I submit and must they be bound?
year. Include funds for the 1st and 2nd program; eligibility requirements; A. Applicants are required to submit one
year for two people to attend the ‘‘Content of Application’’ section of this original and two copies of the grant
Program Director’s Workshop. notice; ‘‘Eligible Programs, Services and application. To aid with the review of
4. Equipment: Indicate the cost of Activities’’ section of this notice; applications, the Department encourages
non-expendable personal property that priorities; selection criteria; and applicants to submit four additional copies of
has a cost of $5,000 or more per unit for the grant application. The Department will
program requirements for this not penalize applicants who do not provide
each budget year. competition. additional copies. The binding of
5. Supplies: Include the cost of Your program narrative should be applications is optional.
consumable supplies and materials to be clear, concise, and to the point. Begin Q. We just missed the deadline for the XXX
used during the project period for each the narrative with a one page abstract or competition. May we submit under another
budget year. summary of your project. Then describe competition?
6. Contractual: Show the amount to the project in detail, addressing each A. Yes, however, the likelihood of success
be used for: (1) procurement contracts selection criterion in order. Be sure to is not good. A properly prepared application
(except those which belong on other must meet the specifications of the
number consecutively ALL pages in competition to which it is submitted.
lines such as supplies and equipment); your application. Q. I’m not sure which competition is most
and (2) subcontracts for each budget The Secretary strongly suggests that appropriate for my project. What should I
year. you limit the program narrative to no do?
7. Construction: Not applicable. more than 30 doubled-spaced, typed A. We are happy to discuss any such
8. Other: Indicate all direct costs not pages (on one side only), although the questions with you and provide clarification
clearly covered by lines 1 through 6 Secretary will consider your application on the unique elements of the various
above, including consultants and capital if it is longer. Be sure to number competitions.
expenditures for each budget year. Q. Will you help us prepare our
consecutively ALL pages in your application?
9. Total Direct Cost: Show the total for application. A. We are happy to provide general
Lines 1 through 8 for each budget year. You may include supporting program information. Clearly, it would not be
10. Indirect Costs: Indicate the rate documentation as appendices to the appropriate for staff to participate in the
and amount of indirect costs for each program narrative. Be sure that this actual writing of an application, but we can
budget year. material is concise and pertinent to this respond to specific questions about
11. Training/Stipend Cost: Indicate program competition. application requirements, evaluation criteria,
cost per student and number of hours of You are advised that— and the priorities. Applicants should
instruction. The amount of a stipend (a) The Secretary considers only understand, however, that prior contact with
may be the greater of the minimum the Department is not required, nor will it in
information contained in the
any way influence the success of an
hourly wage prescribed by State and application in ranking applications for application.
local law, or the minimum hourly wage funding consideration. Q. When will I find out if I’m going to be
set under the Fair Labor Standards Act. (b) The technical review panel funded?
12. Total Costs: Show total for lines 9 evaluates each application solely on the A. You can expect to receive notification
through 11 for each budget year. basis of the eligible programs, services, within 3 to 4 months depending on the
and activities; selection criteria; and number of the applications received and the
Instructions for Part III—Budget number of Department competitions with
Narrative competitive priorities contained in this
notice. similar closing dates.
The budget narrative should explain, Q. Once my application has been reviewed
(c) Letters of support included as
justify, and, if needed, clarify your by the review panel, can you tell me the
appendices to an application, that are of outcome?
budget summary. For each line item direct relevance to or contain A. No. Every year we are called by a
(personnel, fringe benefits, travel, etc.) commitments that pertain to the number of applicants who have a legitimate
in your budget, explain why it is there established selection criteria, such as reason for needing to know the outcome of
and how you computed the costs. commitment of resources, will be the panel review prior to official notification.
Please limit this section to no more reviewed by the panel. Letters of Some applicants need to make job decisions,
than five pages. Be sure that each page support sent separately from the formal some need to notify a local school district,
of your application is numbered etc. Regardless of the reason, because final
application package are not considered
consecutively. funding decisions have not been made at that
in the review by the technical review point, we cannot share information about the
Instructions for Part IV—Program panels. (34 CFR 75.217) results of the panel review with anyone.
Narrative Appendix B Q. Will my application be returned if I am
not funded?
The program narrative will comprise Potential applicants frequently direct A. No. We no longer return unsuccessful
the largest portion of your application. questions to officials of the Department applications. Thus, applicants should retain
This part is where you spell out the regarding application notices and at least one copy of the application.

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Q. Can I obtain copies of reviewers’ that have been identified as so critical that A. Copies of these materials can usually be
comments? the award cannot be made unless those found at your local library. If not, they can
A. Upon written request, reviewers’ conditions are met. Questions may also be be obtained from the Government Printing
comments will be mailed to unsuccessful raised about the proposed budget. Generally, Office by writing to Superintendent of
applicants. these issues are raised because an application Documents, U.S. Government Printing Office,
Q. If my application receives high scores contains inadequate justification or Washington, DC 20402. Telephone: (202)
from the reviewers, does that mean that I will explanation of a particular budget item, or 708–8228. When requesting copies of
receive funding? because the budget item seems unimportant
A. Not necessarily. It is often the case that regulations or statutes, it is helpful to use the
to the successful completion of the project. specific name of the public law, number of
the number of applications scored highly by
If you are asked to make changes that you a statute, or part number of a regulation. The
the reviewers exceeds the dollars available
feel could seriously affect the project’s material referenced in this notice should be
for funding projects under a particular
competition. The order of selection, which is success, you may provide reasons for not referred to as follows:
based on the scores of all the applications making the changes or provide alternative (1) The Carl D. Perkins Vocational and
reviewed and other relevant factors, suggestions. Similarly, if proposed budget Technical Education Act of 1998, Public Law
determines the applications that can be reductions will, in your opinion, seriously 105–332, 20 U.S.C. 2301.
funded. affect the project activities, you may explain
(2) Education Department General
Q. What happens during pre-award why and provide additional justification for
Administrative Regulations, 34 CFR parts 74,
clarification discussions? the proposed expenses. An award cannot be
75, 77, 81, 82, 85, 86, 97, 98, and 99.
A. During pre-award clarification made until all issues under discussion have
Copies of these materials may also be
discussions, technical and budget issues may been resolved.
found on the World Wide Web at http://
be raised. These are issues that have been Q. Where can copies of the Federal
www.access.gpo.gov/nara.
identified during the panel and staff reviews Register, Education Department General
that require clarification. Sometimes issues Administrative Regulations (EDGAR), and [FR Doc. 01–7691 Filed 3–27–01; 8:45 am]
are stated as ‘‘conditions.’’ These are issues Federal statutes be obtained? BILLING CODE 4000–01–P

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