[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Notices]
[Pages 2769-2780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-614]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of Community Services
[Program Announcement No. OCS 95-04]
Family Violence Prevention and Services Program
AGENCY: Office of Community Services, Administration for Children and
Families, (ACF), Department of Health and Human Services.
ACTION: Notice of the availability of funding to States and Native
American Tribes and Tribal organizations for family violence prevention
and services.
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SUMMARY: This announcement governs the proposed award of fiscal year
(FY) 1995 formula grants under the Family Violence Prevention and
Services Act to States (including Territories and Insular Areas) and
Native American Tribes and Tribal organizations. The purpose of these
grants is to assist in establishing, maintaining, and expanding
programs and projects to prevent family violence and to provide
immediate shelter and related assistance for victims of family violence
and their dependents.
This announcement also specifies a new expenditure period for these
funds and sets forth the application process and requirements for
grants to be awarded for FY 1996 through FY 2000.
CLOSING DATES FOR APPLICATIONS: Applications for FY 1995 family
violence grant awards meeting the criteria specified in this
announcement must be received at the address specified below by March
13, 1995. Grant applications for FY 1996 through FY 2000 should be
received at the address specified below by November 15 of each
following fiscal year.
ADDRESSES: Applications should be sent to: Office of Community
Services, Administration for Children and Families, Attn: William D.
Riley, 5th Floor, West Wing, 370 L'Enfant Promenade, SW., Washington,
DC 20447.
FOR FURTHER INFORMATION CONTACT: William D. Riley (202) 401-5529 or Al
M. Britt (202) 401-5453.
SUPPLEMENTARY INFORMATION:
Introduction
This notice for family violence prevention and services grants to
States and Indian tribes serves two purposes. The first is to confirm a
Federal commitment to reducing family and intimate violence and to urge
States, localities, cities, and the private sector to become involved
in State and local planning efforts leading to the development of a
more comprehensive and integrated service delivery approach (Part I).
The second purpose is to provide information on application
requirements for FY 1995 grants to States and Indian tribes. These
funds will support prevention activities, shelters, and related
services for battered women and their children (Part II).
Part I. Reducing Family and Intimate Violence Through Coordinated
Prevention and Services Strategies
A. The Importance of Coordination of Services
A person facing family or intimate violence may need more than
immediate medical care and shelter. Assured protection and effective
support are essential to end ongoing abuse.
The effects of domestic violence may manifest themselves in varying
forms, including: substance abuse, hopelessness, arrest, felony
charges, mental health concerns, injuries, lost time at work, child
abuse, and welfare dependence. When programs that seek to address these
issues operate independently of each other, a fragmented, and
consequently less effective, service delivery and prevention system may
be the result. Coordination and collaboration among the police,
prosecutors, the courts, victim services providers, child welfare and
family preservation services, and medical and mental health service
providers is needed to provide more responsive and effective services
to victims of domestic violence and their families. It is essential
that all interested parties are involved in the design and improvement
of protection and services activities.
To help bring about a more effective response to the problem of
intimate violence, the Department of Health and Human Services (HHS)
urges State agencies and Indian tribes receiving funds under this grant
announcement to coordinate activities funded under this grant with
other new and existing resources for family and intimate violence and
related issues.
B. Coordination of Efforts
1. Federal Coordination
In the fall of 1993, a Federal Interdepartmental Work Group
(including the Departments of Health and Human Services, Justice,
Education, Housing and Urban Development, Labor, and Agriculture) began
working together to study cross-cutting issues related to violence, and
to make recommendations for action in areas such as youth development,
schools, juvenile justice, family violence, sexual assault, firearms,
and the media. The recommendations formed a framework for ongoing
policy development and coordination within and among the agencies
involved.
The interdepartmental working group also initiated a ``Cities
Project'' (now known as PACT, Pulling America's Communities Together)
to help coordinate Federal assistance to four geographic areas (Denver;
Atlanta; Washington, DC; and the State of Nebraska) as they develop
comprehensive plans for violence prevention and control.
Based on these coordination efforts, a new interdepartmental
strategy was developed for implementing the programs and activities
recently enacted in the Violent Crime Control and Law Enforcement Act
of 1994 (Crime Bill). A Steering Committee on Violence Against Women is
coordinating activities among family violence-related programs and
across agencies and departments.
2. Opportunities for Coordination at the State and Local Level
The major domestic violence prevention activities funded by the
Federal government focus on law enforcement and justice system
strategies; victim protection and assistance services; and prevention
activities, including public awareness and education. Federal programs
also serve related needs, such as housing, family preservation and
child welfare services, substance abuse treatment, and job training.
[[Page 2770]]
We want to call to your attention two major programs, recently
enacted by Congress, that provide new funds to expand services and
which require the involvement of State agencies, Indian tribes, State
Domestic Violence Coalitions, and others interested in prevention and
services for victims of domestic violence. These programs are: Law
Enforcement and Prosecution Grants to Reduce Violent Crimes Against
Women, administered by the Department of Justice, and the Family
Preservation and Support Services program, administered by DHHS. Both
programs (described in detail below) require State agencies and Indian
tribes administering them to conduct an inclusive, broad-based,
comprehensive planning process at the State and community level.
We urge States and Indian tribes to participate in these service
planning and decision-making processes; we believe the expertise and
perspective of the family violence prevention and services field will
be invaluable as decisions are made on how best to use these funds and
design service delivery improvements.
(a) Law Enforcement and Prosecution Grants to Reduce Violent Crimes
Against Women (DoJ). The Violence Against Women Act (VAWA), provides an
opportunity to respond to violence against women in a comprehensive
manner. It emphasizes the development of Federal, State and local
partnerships to assure that offenders are prosecuted to the fullest
extent of the law, that crime victims receive the services they need
and the dignity they deserve, and that all parts of the criminal
justice system have training and funds to respond effectively to both
offenders and crime victims.
The Department of Justice is implementing a new formula grant
program, which makes available $26 million to States in FY 1995, to
develop and strengthen effective law enforcement and prosecution
strategies. A smaller amount of discretionary dollars are also
available for grants to Indian tribes. At least 25 percent of State
grant funds must be dedicated to strengthening victim services.
Of particular importance are the law enforcement and prosecution
strategies that must be coordinated with strong victim services
activities. This grant program, will require the development of a
coordinated, comprehensive approach to bring about changes in the way
the justice system responds to domestic violence and sexual assault.
Such a coordinated approach will require a partnership and
collaboration among the police, prosecutors, the courts, shelter and
victim service providers, and medical and mental health professionals.
In order to be eligible for funds, States must develop a plan for
implementation. As a part of the planning process, they must consult
with nonprofit, nongovernmental victims' services programs including
sexual assault and domestic violence victim services programs. DOJ
expects that States will draw into the planning process the experience
of existing family violence task forces and coordinating councils such
as the State Domestic Violence Coalitions.
(b) Family Preservation and Family Support Services Program (DHHS).
In August 1993, Congress created a new program entitled ``Family
Preservation and Support Services'' (Title IV-B of the Social Security
Act).
Family preservation services include intensive services assisting
families at-risk or in crisis, particularly in cases where children are
at risk of being placed out of the home. Victims of family violence and
their dependents are considered at-risk or in crisis.
Family support services include community-based preventive
activities designed to strengthen parents' ability to create safe,
stable, and nurturing home environments that promote healthy child
development. These services also include assistance to parents
themselves through home visiting and activities such as drop-in center
programs and parent support groups.
In FY 1994, 100 percent Federal funds were available to State child
welfare agencies and Indian Tribes to develop a comprehensive five-year
Child and Family Services Plan for FYs 1995-1999 (due by June 30,
1995).
To develop the service plans, most States currently are in the
process of consulting with a wide range of public agencies and
nonprofit private and community-based organizations that have expertise
in administering services for children and families, including those
with experience and expertise in family violence.
Part II. Family Violence Prevention and Services Grant Requirements
This section includes application requirements for family violence
prevention and services grants for States and Indian Tribes, and is
organized as follows:
Part II--Application Requirements
A. Legislative Authority
B. Definitions
C. Eligibility: States
D. Eligibility: Indian Tribes and Tribal organizations
E. Funds Available
F. Requirements for Fiscal Years 1996-2000
G. Expenditure Periods
H. Reporting Requirements
I. State Application Requirements
J. Indian Tribes and tribal Organization Application Requirements
K. Executive Order 12372
L. Paperwork Reduction Act
M. Certifications
A. Legislative Authority
Title III of the Child Abuse Amendments of 1984 (Pub. L. 98-457, 42
U.S.C. 10401 et seq.) is entitled the ``Family Violence Prevention and
Services Act'' (the Act). The Act was first implemented in FY 1986, was
reauthorized and amended in 1992 by Pub. L. 102-295, and was
reauthorized and amended for fiscal years 1995 through 2000 by (Pub. L.
103-322, the Violent Crime Control and Law Enforcement Act of 1994 (the
Crime Bill), signed into law on September 13, 1994.
The purpose of this legislation is to assist States in supporting
the establishment, maintenance, and expansion of programs and projects
to prevent incidents of family violence and provide immediate shelter
and related assistance for victims of family violence and their
dependents.
Both State and Native American Tribal grantees are required to use
not less than 70 percent of the distributed funds for the purpose of
providing immediate shelter and related assistance; not less than 25
percent of the distributed funds are to be used for the purpose of
providing related assistance as defined in section 309(5)(A) of the
Act.
B. Background
During FY 1994, 132 family violence prevention grants were made to
States, Territories, and Native American Tribes; the Department also
made 52 family violence prevention grant awards to nonprofit State
domestic violence coalitions.
In addition, the Department has established the National Resource
Center for Domestic Violence (NRC) and three Special Issue Resource
Centers (SIRCs). The SIRCs are the Battered Women's Justice Project;
the Resource Center on Child Custody and Protection; and the Health
Resource Center on Domestic Violence. The purpose of the NRC and the
SIRCs is to provide resource information, training, and technical
assistance to Federal, State, and Native American agencies, local
domestic violence prevention programs, and other professionals who
provide services to victims of domestic violence.
[[Page 2771]]
C. Definitions
As used in this program, the following definitions are found in
section 309 of the Act. The Crime Bill amendments added the phrase ``or
other supportive services'' to the definition of related assistance in
3(b) below.
(1) Family Violence: Any act or threatened act of violence,
including any forceful detention of an individual, which (a) results or
threatens to result in physical injury and (b) is committed by a person
against another individual (including an elderly person) to whom such
person is or was related by blood or marriage or otherwise legally
related or with whom such person is or was lawfully residing.
(2) Shelter: The provision of temporary refuge and related
assistance in compliance with applicable State law and regulation
governing the provision, on a regular basis, which includes shelter,
safe homes, meals, and related assistance to victims of family violence
and their dependents.
(3) Related assistance: The provision of direct assistance to
victims of family violence and their dependents for the purpose of
preventing further violence, helping such victims to gain access to
civil and criminal courts and other community services, facilitating
the efforts of such victims to make decisions concerning their lives in
the interest of safety, and assisting such victims in healing from the
effects of the violence. Related assistance includes:
(a) outreach and prevention, services for victims and their
children, such as employment training, parenting and other educational
services for victims and their children, preventive health services
within domestic violence programs (including nutrition, disease
prevention, exercise, and prevention of substance abuse), domestic
violence prevention programs for school age children, family violence
public awareness campaigns, and violence prevention counseling services
to abusers;
(b) counseling with respect to family violence, counseling or other
supportive services by peers individually or in groups, and referral to
community social services;
(c) transportation, technical assistance with respect to obtaining
financial assistance under Federal and State programs, and referrals
for appropriate health-care services (including alcohol and drug abuse
treatment), but does not include reimbursement for any health-care
services;
(d) legal advocacy to provide victims with information and
assistance through the civil and criminal courts, and legal assistance;
or
(e) children's counseling and support services, and child care
services for children who are victims of family violence or the
dependents of such victims.
D. Eligibility: States
``States'' as defined in section 309(6) of the Act are eligible to
apply for funds. The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the Virgin Islands, the Commonwealth of the Northern
Mariana Islands, and the remaining eligible entity previously a part of
the Trust Territory of the Pacific Islands--the Republic of Palau. In
the past, Guam, the Virgin Islands, and the Commonwealth of the
Northern Mariana Islands, have applied for funds as a part of their
consolidated grant under the Social Services Block grant. These
jurisdictions need not submit an application under this Program
Announcement if they choose to have their allotment included in a
consolidated grant.
E. Eligibility: Native American Tribes and Tribal Organizations
Native American Tribes and Tribal organizations are eligible for
funding under this program if they meet the definition of such entities
as found in sections (e) and (l), respectively, of section 4 of the
Indian Self-Determination and Education Assistance Act and are able to
demonstrate their capacity to carry out a family violence prevention
and services program. The required capacity must be demonstrated in the
application. Methods of demonstrating such capacity can include, but
are not limited to, showing:
(1) The current operation of a shelter, safehouse, or family
violence prevention program;
(2) The establishment of joint, collaborative, or service
agreements with a local public agency or a private non-profit agency
for the operation of family violence prevention activities or services;
or
(3) The operation of social services programs as evidenced by
receipt of ``638'' contracts with the Bureau of Indian Affairs (BIA);
Title II Indian Child Welfare grants from the BIA; or Child Welfare
Services grants under Title IV-B of the Social Security Act.
A list of currently eligible Native American Tribes and Tribal
organizations is found at Appendix B of this Announcement. Any Native
American Tribe or Tribal organization that believes it has met the
eligibility criteria and should be included in the list of eligible
tribes should provide supportive documentation and a request for
inclusion. The documentation and the request may be submitted
concurrently with their grant application addressed to the contact
person at the above address.
As in previous years, Native American Tribes may apply singularly
or as a consortium. In addition, a non-profit private organization,
approved by a Native American Tribe for the operation of a family
violence shelter on a reservation, is eligible for funding. Any non-
profit organization submitting an application must submit proof of its
non-profit status in its application at time of submission. The non-
profit agency can accomplish this by providing a copy of the applicants
listing in the Internal Revenue's Service (IRS) most recent list of
tax-exempt organizations described in Section 501(c)(3) of the IRS
code, or by providing a copy of the currently valid IRS tax-exemption
certificate, or by providing a copy of the articles of incorporation
bearing the seal of the State in which the corporation or association
is domiciled.
Because section 304(a) specifies a minimum base amount for State
allocations, we have set a base amount for Native American Tribal
allotments. Since FY 1986, we have found, in practice, that the
establishment of such an allocation, based on population, has
facilitated our efforts to make a fair and equitable distribution of
limited grant funds.
Native American Tribes which meet the application requirements and
whose reservation and surrounding Tribal Trust Lands population is less
than 3,000 will receive a minimum of $3,000; Tribes which meet the
application requirements and whose reservation and surrounding Tribal
Trust Lands population exceeds 3,000 will receive a minimum of $8,000,
except for the Navajo Tribe which will receive a minimum of $24,000
because of its population. We have used these population figures to
determine minimum funding levels since the beginning of the program.
In computing Native American Tribal allocations, we will use the
latest available population figures from the Census Bureau. Where
Census Bureau data are unavailable, we will use figures from the BIA
Indian Population and Labor Force Report. If not all eligible Tribes
apply, the available funds will be divided proportionally among the
Native American Tribes which apply and meet the requirements.
[[Page 2772]]
F. Funds Available
The Secretary is required to make available not less than 80% of
amounts appropriated for section 303 to make formula grants to States
and not less than 10% of amounts appropriated for Section 303 to make
formula grants to Native American Tribes, Tribal organizations, and
non-profit private organizations approved by a Native American Tribe.
Family violence grants to the States, the District of Columbia, and
the Commonwealth of Puerto Rico are based on population. Each grant
shall be not less than 1% of the amounts appropriated for grants under
section 303(a) or $200,000, whichever is the lesser amount. State
allocations are listed at the end of this announcement and have been
computed based on the formula in section 304 of the Act.
For the purpose of this allotment, Guam, American Samoa, the Virgin
Islands, the Northern Mariana Islands, and the Republic of Palau are
not included in the definition of ``States'' and will each receive
grants of not less than one-eighth of 1% percent of the amounts
appropriated. On October 1, 1994, Palau became independent and a
Compact of Free Association between the United States and Palau came
into effect. This change in the political status of Palau has the
following affect on the status of Palau's allocation:
In FY 95, Palau will receive 100% of its allocation. Beginning
in FY 96, its share will be reduced as follows:
FY 96--not to exceed 75% of the total amount appropriated for
such programs in FY 95;
FY 97--not to exceed 50% of the total amount appropriated for
such programs in FY 95;
FY 98--not to exceed 25% of the total amount appropriated for
such programs in FY 95;
Public Law 103-333, the FY 1995 Department of Health and Human
Services Appropriations Act, made $32,648,000 available for carrying
out the Family Violence Prevention and Services Act. Of this amount
$2,500,000 will be allocated to State Domestic Violence Coalitions to
coordinate services with local domestic violence programs and to
encourage appropriate responses to domestic violence within the State.
The distribution of funds for the State Domestic Violence Coalitions
will be made in a separate announcement.
Of the remaining $30,148,000, the Department will make $24,118,400
available for grants to States and Territories, $3,014,800 available
for grants to Native American Tribes or Tribal organizations, and
$1,507,400 available to the National Resource Center and the Special
Issue Resource Centers.
The balance of approximately $1.5 million of FY 1995 family
violence funds will be used to support technical assistance projects,
research, and public education activities.
G. Requirements for FY 1995 and FYs 1996-2000
Additional application requirements for FY 1995 family violence
prevention and services grants have been established pursuant to the
passage of the Crime Bill on September 13, 1994. Sections I and J below
explain the new requirements. States that have submitted applications
for FY 95 in accordance with last year's requirements for a November 15
deadline will have to submit only additional information in response to
a program instruction.
We strongly recommend that States and Native American Tribes and
Tribal organizations keep a copy of this Federal Register notice for
future reference. The requirements set forth in this announcement also
will apply to State and Native American family violence program grants
for FY 1996 through FY 2000. Information regarding any changes in
available funds, State/Tribal allocations, administrative, and
reporting requirements will be provided by program announcement in the
Federal Register or program instruction.
There are authorized to be appropriated to carry out this title:
(1) $50,000,000 for fiscal year 1996;
(2) $60,000,000 for fiscal year 1997;
(3) $70,000,000 for fiscal year 1998;
(4) $72,500,000 for fiscal year 1999; and
(5) $72,500,000 for fiscal year 2000.
H. Expenditure Periods
The family violence prevention funds for FY 1995 through FY 2000
may be used for expenditures on and after October 1 of each fiscal year
for which they are granted, and will be available for expenditure
through September 30 of the following fiscal year, i. e., FY 1995 funds
may be expended from October 1, 1994 thru September 30, 1996.
Reallotted funds are available for expenditure until the end of the
fiscal year following the fiscal year that the funds became available
for reallotment. FY 1995 grant funds which are made available to the
States through reallotment, under section 304(d)(1), must be expended
by the States no later than September 30, 1996.
I. Reporting Requirements.
The Crime Bill added a new reporting requirement for States in
section 303(a)(4). It requires that upon completion of the activities
specified in the State applications funded by a grant under this
announcement, the State grantee shall file a performance report with
the Department. The performance report shall describe the activities
carried out and include an assessment of the effectiveness of those
activities in achieving the purposes of the grant. A section of this
performance report shall be completed by each grantee or subgrantee
that performed the direct services contemplated in the State's
application.
Performance reports are due on an annual basis beginning in FY
1995. The first performance report is due December 29, 1995. The
Department shall suspend funding for an approved application if any
applicant fails to submit an annual performance report or if the funds
are expended for purposes other than those set forth under this
announcement. Federal funds may be used only to supplement, not
supplant, State funds.
All State and Native American Tribal grantees are reminded that
annual program reports and annual Financial Status Reports (Standard
Form 269) are due 90 days after the end of each Federal fiscal year.
First reports are due on December 29, of each year. Final reports are
due 90 days after the end of the expenditure period, i.e., December 29.
J. State Application Requirements
The Crime Bill added new application requirements in section
303(a)(2)(C) of the Act. Please note paragraph (2) below, requires
additional documentation in the plan as to how the State will address
the needs of the underserved populations, including populations that
are underserved because of ethnic, racial, cultural, language diversity
or geographic isolation. In paragraph (6) below, we are also requiring
a description of the direct services contemplated, and in what manner
and by whom the direct services will be delivered. This information
will help us assess the performance data which will have to be
submitted by grantees to section 303(a)(4) of the Act.
We have cited each requirement to the specific section of the law.
The Secretary will approve any application that meets the
requirements of the Act and this announcement will not disapprove any
such application except after reasonable notice of the Secretary's
intention to disapprove has
[[Page 2773]]
been provided to the applicant and after a 6-month period providing an
opportunity for the applicant to correct any deficiencies.
The notice of intention to disapprove will be provided to the
applicant within 45 days of the date of the application.
All State Applications Must Meet the Following Requirements
The State's application must be signed by the Chief Executive of
the State or the Chief Program Official designated as responsible for
the administration of the Act.
All applications must contain the following information/documents:
(1) The name of the State agency, the name of the Chief Program
Official designated as responsible for the administration of State
programs and activities related to family violence carried out by the
State under the Act and for coordination of related programs within the
State, and the name of a contact person if different from the Chief
Program Official (section 303(a)(2)(D)).
(2) A plan to address the needs of underserved populations,
including populations underserved because of ethnic, racial, cultural,
language diversity or geographic isolation (section 303(a)(2)(C)).
(3) A description of the process and procedures used to involve
State domestic violence coalitions and other knowledgeable individuals
and interested organizations to assure an equitable distribution of
grants and grant funds within the State and between rural and urban
areas in the State (sections 303(a)(2)(C)) and 311(a)(5).
(4) A description of the process and procedures implemented that
allow for the participation of the State domestic violence coalitions
in determining whether a grantee is in compliance with section 303
(a)(2)(A) [i.e., is a local public agency or nonprofit private
organization which has been provided grant funds for programs and
projects to prevent incidents of family violence and to provide
immediate shelter and related assistance (section 303(a)(3))].
(5) A copy of the procedures developed and implemented that assure
the confidentiality of records pertaining to any individual provided
family violence prevention or treatment services by any program
assisted under Title III (section 303(a)(2)(E)).
(6) A detailed description of how the State plans to use the grant
funds to provide the services, and through whom, to prevent incidents
of family violence and to provide immediate shelter and related
assistance to victims of family violence and their dependents (section
303(a)(4)).
(7) A copy of the law or procedures that the State has implemented
for the eviction of an abusive spouse from a shared household (section
303(a)(2)(F)).
All applications must contain the following assurances:
(1) That grant funds under the Act will be distributed to local
public agencies and nonprofit private organizations (including
religious and charitable organizations and voluntary associations) for
programs and projects within the State to prevent incidents of family
violence and to provide immediate shelter and related assistance for
victims of family violence and their dependents in order to prevent
future incidents (section 303(a)(2)(A)).
(2) That not less than 70 percent of the funds distributed shall be
used for immediate shelter and related assistance to the victims of
family violence and their dependents and not less than 25% of the funds
distributed shall be used to provide related assistance (section
303(b)(3)(f)).
(3) That not more than 5 percent of the funds will be used for
State administrative costs (section 303(a)(2)(B)(i)).
(4) That in distributing the funds, the States will give special
emphasis to the support of community-based projects of demonstrated
effectiveness carried out by non-profit private organizations,
particularly those projects the primary purpose of which is to operate
shelters for victims of family violence and their dependents and those
which provide counseling, advocacy, and self-help services to victims
and their children (section 303(a)(2)(B)(ii)).
(5) That grants funded by the State will meet the matching
requirements in section 303(e), i.e., 20 percent of the total funds
provided under this title in the first year, 35 percent in the second
year, and 50 percent in the third and subsequent year(s); that, except
in the case of a public entity, not less than 25 percent of the local
matching share will be raised from private sources; that the local
share will be cash or in-kind; and that the local share will not
include any Federal funds provided under any authority other than this
program (section 303(b)(3)(e)).
(6) That grant funds made available under this program by the State
will not be used as direct payment to any victim or dependent of a
victim of family violence (section 303(b)(3)(c)).
(7) That no income eligibility standard will be imposed on
individuals receiving assistance or services supported with funds
appropriated to carry out the Act (section 303(b)(3)(d)).
(8) That the address or location of any shelter-facility assisted
under the Act will not be made public, except with written
authorization of the person or persons responsible for the operation of
such shelter (section 303(a)(2)(E)).
(9) That all grants made by the State under the Act will prohibit
discrimination on the basis of age, handicap, sex, race, color,
national origin or religion (section 307).
(10) That States will comply with applicable Departmental
recordkeeping and reporting requirements and general requirements for
the administration of grants under 45 CFR Parts 74 and 92.
K. Native American Tribe and Tribal Organization Application
Requirements
We have cited each requirement to the specific section of the law.
The Secretary will approve any application that meets the
requirements of the Act and this Announcement, and will not disapprove
an application unless the Native American Tribe or Tribal organization
has been given reasonable notice of the Department's intention to
disapprove and an opportunity to correct any deficiencies (section
303(b)(2)).
All applications must meet the following requirement:
The application from the Native American Tribe, Tribal
organization, or nonprofit private organization approved by an eligible
Native American Tribe, must be signed by the Chief Executive Officer of
the Native American Tribe or Tribal organization.
All applications must contain the following information/documents:
(1) The name of the organization or agency designated as
responsible for programs and activities relating to family violence to
be carried out by the Native American Tribe or Tribal organization and
the name of a contact person in the designated organization or agency.
(2) A copy of a current resolution stating that the designated
organization or agency has the authority to submit an application on
behalf of the Native American individuals in the Tribe(s) and to
administer programs and activities funded under this program (section
303(b)(2)).
(3) A description of the procedures designed to involve
knowledgeable individuals and interested organizations in providing
services under the Act (section 303(b)(2)). (For example, knowledgeable
individuals and interested organizations may include: Tribal officials
or social services staff involved in child abuse or family violence
prevention, Tribal law enforcement officials, representatives of
[[Page 2774]]
State coalitions against domestic violence, and operators of family
violence shelters and service programs).
(4) A description of the services contemplated and how the Native
American Tribe or Tribal organization plans to use the grant funds to
provide the direct services, and to whom the services will be provided,
to prevent incidents of family violence and to provide immediate
shelter and related assistance to victims of family violence and their
dependents (section 303(a)(4)).
(5) Documentation of the procedures that assure the confidentiality
of records pertaining to any individual provided family violence
prevention or treatment services by any program assisted under Title
III (section 303(a)(2)(E)).
Each application must contain the following assurances:
(1) That not less than 70 percent of the funds shall be used for
immediate shelter and related assistance to the victims of family
violence and their dependents and not less than 25% of the funds
distributed shall be used to provide related assistance (section
303(b)(3)(f)).
(2) That grant funds made available under the Act will not be used
as direct payment to any victim or dependent of a victim of family
violence (section 303(b)(3)(c)).
(3) That no income eligibility standard will be imposed upon
individuals receiving assistance or services supported with funds
appropriated to carry out the Act (section 303(b)(3)(d)).
(4) That the address or location of any shelter-facility assisted
under the Act will not be made public, except with written
authorization of the person or persons responsible for the operation of
such shelter (section 303(a)(2)(E)).
(5) That grantees receiving funds under this program will prohibit
discrimination on the basis of age, handicap, sex, race, color,
national origin, or religion (section 307).
(6) That grantees will comply with applicable Departmental
recordkeeping and reporting requirements and general grant
administration requirements in 45 CFR Parts 74 and 92.
Applications from Native American Tribes/Organizations Not Included in
Appendix B:
Each application must contain documentation which supports the
Tribe's/Organization's contention that it has the capacity to carry out
a family violence prevention and services program (see section E.
Eligibility).
L. Notification Under Executive Order 12372
For States, this program is covered under Executive Order 12372,
``Intergovernmental Review of Federal Programs'' for State plan
consolidation and simplification only--45 CFR 100.12. The review and
comment provisions of the Executive Order and Part 100 do not apply.
Federally-recognized Native American Tribes are exempt from all
provisions and requirements of E.O. 12372.
M. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (Pub. L. 96-
511), the application requirements contained in this notice have been
approved by the Office of Management and Budget under control number
0980-0175.
N. Certifications
Applicants must comply with the required certifications found at
Appendix C as follows:
Anti-Lobbying Certification and Disclosure Form must be
signed and submitted with the application. If applicable, a standard
Form LLL, which discloses lobbying payments must be submitted. Native
American Tribes or Tribal organizations which are exempt from the
foregoing requirements should include with their applications a
statement to that effect.
Certification Regarding Drug-Free Workplace Requirements
and the Certification Regarding Debarment: The signature on the
application by the chief program official attests to the applicants
intent to comply with the Drug-Free Workplace requirements and
compliance with the Debarment Certification. The Drug-Free Workplace
and Debarment certifications do not have to be returned with the
application.
(Catalog of Federal Domestic Assistance number 93.671, Family
Violence Prevention and Services)
Dated: January 3, 1995
Jacqueline G. Lemire,
Acting Director, Office of Community Services.
Appendix A--Family Violence and Prevention Services 1995 State And
Territory Allotments
Total Appropriation Available: $30,148,000.
Total Appropriated to States and Territories: $24,118,400
Total Appropriated to Tribal Organizations: $0
Annual Limitation by CAN for the Following CAN(s): 5G994707.
------------------------------------------------------------------------
------------------------------------------------------------------------
Grantee
Alabama................................................. $351,758
Alaska.................................................. 200,000
American Samoa.......................................... 30,148
Arizona................................................. 330,671
Arkansas................................................ 203,645
California.............................................. 2,622,120
Colorado................................................ 299,587
Connecticut............................................. 275,307
Delaware................................................ 200,000
District of Columbia.................................... 200,000
Florida................................................. 1,149,202
Georgia................................................. 581,112
Guam.................................................... 30,148
Hawaii.................................................. 200,000
Idaho................................................... 200,000
Illinois................................................ 982,690
Indiana................................................. 479,961
Iowa.................................................... 236,410
Kansas.................................................. 212,634
Kentucky................................................ 318,322
Louisiana............................................... 360,832
Maine................................................... 200,000
Maryland................................................ 417,120
Massachusetts........................................... 505,081
Michigan................................................ 796,267
Minnesota............................................... 379,483
Mississippi............................................. 222,044
Missouri................................................ 439,719
Montana................................................. 200,000
Nebraska................................................ 200,000
Nevada.................................................. 200,000
New Hampshire........................................... 200,000
New Jersey.............................................. 661,931
New Mexico.............................................. 200,000
New York................................................ 1,528,769
North Carolina.......................................... 583,464
North Dakota............................................ 200,000
Northern Mariana Islands................................ 30,148
Ohio.................................................... 931,779
Oklahoma................................................ 271,443
Oregon.................................................. 254,724
Palau................................................... 30,148
Pennsylvania............................................ 1,011,506
Puerto Rico............................................. 300,763
Rhode Island............................................ 200,000
South Carolina.......................................... 306,056
South Dakota............................................ 200,000
Tennessee............................................... 428,378
Texas................................................... 1,514,823
Utah.................................................... 200,000
Vermont................................................. 200,000
Virgin Islands.......................................... 30,148
Virginia................................................ 545,323
Washington.............................................. 441,483
West Virginia........................................... 200,000
Wisconsin............................................... 423,253
Wyoming................................................. 200,000
---------------
Total............................................... $24,118,400
------------------------------------------------------------------------
Appendix B--Native American Tribal Eligibility
Below is the list of Native American Tribes which are eligible
for fiscal year 1995 Family Violence Prevention and Services grants.
Tribes are listed by BIA Area Office based on Census Bureau
population data or, where that is not available, BIA data.
[[Page 2775]]
Tribes Under 3,000 Population
Eastern Area Office
Houlton Band of Maliseet Indians of Maine
Indian Township Passamaquoddy Reservation of Maine
Miccosukee Tribe of Indians of Florida
Narragansett Indian Tribe of Rhode Island
Penobscot Tribe of Maine
Pleasant Point Passamaquoddy Reservation of Maine
Saint Regis Mohawk Tribe of New York
Seminole Tribe of Florida
Aberdeen Area Office
Cheyenne River Sioux Tribe of the Cheyenne River Reservation, South
Dakota
Crow Creek Sioux Tribe of the Crow Creek Reservation, South Dakota
Devil's Lake Sioux Tribe of the Devil's Lake Sioux Reservation,
North Dakota
Lower Brule Sioux Tribe of the Lower Brule Reservation, South Dakota
Yankton Sioux Tribe of South Dakota
Winnebago Reservation of Nebraska
Minneapolis Area Office
Grand Traverse Band of Ottawa and Chippewa Indians of Michigan
Lac Vieux Desert Band of Chippewa Indians
Menominee Indian Tribe of Wisconsin
Michigan Inter-Tribal Council on behalf of:
Bay Mills Indian Community
Hannahville Indian Community
Keweenah Bay Indian Community
Saginaw Chippewa Indian Tribe of Isabella Reservation, Michigan
Sault Saint Marie Tribe of Chippewa Indians of Michigan
Prairie Island Community of Minnesota
Forest County Potawatomi of Wisconsin
Lac du Flambeau Reservation of Wisconsin
Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin
Bad River Tribal Council, Wisconsin
Lower Sioux Tribe of Minnesota
Upper Sioux Tribe of Minnesota
Shakopee Community of Minnesota
Minnesota Chippewa:
Nett Lake Reservation (Bois Fort)
Fond du Lac Reservation
Grand Portage Reservation
Mille Lac Reservation
St. Croix Chippewa, Wisconsin
Anadarko Area Office
Apache Tribe of Oklahoma
Cheyenne-Arapaho Tribes of Oklahoma
Comanche Indian Tribe of Oklahoma
Four Tribes of Kansas
Iowa Tribe of Kansas and Nebraska
Kickapoo Tribe of Kansas
Sac and Fox Tribe of Kansas and Nebraska
Prairie Band of Potawatomi of Kansas
Absentee Shawnee Tribe of Oklahoma
Sac and Fox Tribe of Oklahoma
Pawnee Tribe of Oklahoma
Kiowa Indian Tribe of Oklahoma
Kickapoo Tribe of Oklahoma
Otoe-Missouria Tribes Oklahoma
Citizen Band of Potawatomi of Oklahoma
Fort Sill Apache Tribe of Oklahoma
Tonkawa Tribe of Oklahoma
Wichita Indian Tribe of Oklahoma
Billings Area Office
Chippewa-Cree Indians of the Rocky Boy's Reservation, Montana
Fort Belknap Indian Tribe of Montana
Phoenix Area Office
Cocopah Tribe of Arizona
Colorado River Indian Tribes of the Colorado River Indian
Reservation, Arizona and California
Duckwater Shoshone Tribe of the Duckwater Reservation, Nevada
Elko Band Council
Ft. McDermitt Paiute and Shoshone Tribes of the Ft. McDermitt Indian
Reservation, Nevada
Ft. McDowell Mohave-Apache Indian Community, Arizona
Ft. Mojave Indian Tribe of Arizona
Hualapai Tribe of the Hualapai Reservation, Arizona
Kaibab Band of the Paiute Indians of the Kaibab Indian Reservation,
Arizona
Las Vegas Tribe of the Paiute Indians of the Las Vegas Indian
Colony, Nevada
Moapa Band of Paiute Indians of the Moapa River Indian Reservation,
Nevada
Paiute Indian Tribe of Utah
Paiute-Shoshone Tribe of the Fallon Reservation and Colony, Nevada
Pasqua Yaqui Tribe of Arizona
Pyramid Lake Paiute Tribe of the Pyramid Lake Reservation, Nevada
Quechan Tribe of the Ft. Yuma Indian Reservation, California
Reno-Sparks Indian Colony, Nevada
Salt River Pima-Maricopa Indian Community of the Salt River
Reservation, Arizona
Shoshone Paiute Tribes of the Duck Valley Reservation, Nevada
Te-Moak Bands of the Western Shoshone Indians, Nevada
Havasupai Tribe of Arizona
Ute Indian Tribe of the Unitah and Ouray Reservation, Utah
Yavapai-Prescott Tribe, Arizona
Yavapai-Apache Indian Community of the Camp Verde Reservation,
Arizona
Yerington Pauite Tribe of the Yerington Colony and Campbell Ranch,
Nevada
Walker River Paiute Tribe of the Walker River Reservation, Nevada
Washoe Tribe of Nevada and California
Albuquerque Area Office
Jicarilla Apache Tribe, New Mexico
Pueblo of Acoma, New Mexico
Pueblo of Isleta, New Mexico
Pueblo of Jemez, New Mexico
Peublo of Picuris, New Mexico
Pueblo of San Felipe, New Mexico Pueblo of San Juan, New Mexico
Pueblo of Santa Clara, New Mexico
Pueblo of Santo Domingo, New Mexico
Pueblo of Taos, New Mexico
Pueblo of Zia, New Mexico
Pueblo of San Ildefonso, New Mexico
Pueblo of Tesuque, New Mexico
Ramah Navajo Community
Southern Ute Indian Tribe of the Southern Ute Indian Reservation,
Colorado
Ute Mountain Tribe of the Ute Mountain Reservation, Colorado, New
Mexico and Utah
Portland Area Office
Burns Paiute Indian Colony, Oregon
Confederated Tribes of the Siletz Reservation, Oregon Confederated
Tribes of the Warm Springs Reservation, Oregon
Confederated Tribes of the Grand Ronde Oregon
Confederated Tribes of the Umatilla Reservation, Oregon
Klamath Tribe
Hootenai Tribe of Idaho
Makah Tribe of Washington
Metlakatla Indian Community, Alaska
Muckleshoot Tribe of Washington
Nez Perce Tribe of Idaho
Nooksak Tribe of Washington
Nisqually Tribe of Washington
Puyallup Tribe of Washington
Quileute Tribe of Washington
Quinault Tribe of the Quinault Reservation, Washington Sauk-Suiattle
Tribe of Washington
Skokomish Tribe of Washington
Squaxin Island Tribe of Washington
Stillquamish Tribe of Washington
Swinomish Tribe of Washington
Suquamish Tribe of Washington
Tulalip Tribes of Washington
Upper Skagit Indian Tribes of Washington
Juneau Area Office
Aleutian Pribiloff Islands, Alaska
Copper River Association, Alaska
Orutsaramuit Native Council, Alaska
Kawerak, Inc., Alaska
Ketchikan Indian Corporation, Alaska
Kenaitze Inc., Alaska
Kotezbue Native Association, Alaska
Kuskokwim Native Association, Alaska
Kodiak Native Association, Alaska
Northern Pacific Rim Association, Alaska
Sitka Community Association, Alaska
Tanana Indian Reorganization Act Council, Tyonek, Alaska
United Crow Band, Alaska
Sacramento Area Office
Big Lagoon Rancheria, California
Cahuilla Band of Mission Indians
Coastal Indian Community of the Resighina Rancheria
La Jolla Indian Band of Mission Indians
Jamul Indian Village
Morongo Band of Cahuilla Mission Indians
Soboba Band of Mission Indians
Trinidad Rancheria
Torres Martinez Band of Mission Indians
Tribes Over 3,000 Population
Eastern Area Office
Eastern Band of Cherokee Indians of North Carolina
Mississippi Band of Choctaw Indians, Mississippi
Aberdeen Area Office
Oglala Sioux Tribe of the Pine Ridge Reservation, South Dakota
Rosebud Sioux Tribe of the Rosebud Indian
Reservation, South Dakota
Standing Rock Sioux Tribe of the Standing Rock Reservation, North
and South Dakota
Sisseton-Wahpeton Sioux Tribe of the Lake Traverse
Reservation, South Dakota
Three Affiliated Tribes of the Fort Berthold
Reservation, North Dakota
[[Page 2776]]
Turtle Mountain Band of Chippewa Indians, Turtle Mountain Indian
Reservation North Dakota
Billings Area Office
North Cheyenne Tribe of the
Northern Cheyenne Indian Reservation, Montana
Shoshone-Arapaho Tribes of Wyoming (Wind River Reservation)
Phoenix Area Office
Gila River Pima-Maricopa Indian Community of the
Gila River Reservation, Arizona
Hopi Tribe of Arizona
Papago Tribe of the Sells, Gila Bend, and San Xavier Reservations,
Arizona
San Carlos Apache Tribe of the
San Carlos Reservation, Arizona
Tohono O'Odham Nation, Arizona
White Mountain Apache Tribe of the
Fort Apache Indian Reservation, Arizona
Navajo Area Office
Navajo Tribe of Arizona, New Mexico and Utah
Albuquerque Area Office
Pueblo of Laguna, New Mexico
Zuni Tribe of the Zuni Reservation, New Mexico
Portland Area Office
Confederated Salish and Kootenai Tribes of the Flathead Reservation,
Montana
Confederated Tribes of the Colville Reservation, Washington
Lummi Nation of Washington
Shoshone Bannok Tribes of the Fort Hall Reservation, Idaho
Yakima Indian Nation, Washington
Juneau Area Office
Cook Inlet Corporation, Alaska
Association of Village Council Presidents, Alaska
Central Council of the Tlingit and Haida Indians of Alaska
Tanana Chiefs Conference, Alaska
Sitka Community Association, Alaska
Bristol Bay Native Association of Alaska
Fairbanks Native Association, Alaska
Muskogee Area Office
Cherokee Nation of Oklahoma
Choctaw Nation of Oklahoma
Muskogee Creek Nation of Oklahoma
Minneapolis Area Office
Minnesota Chippewa:
Leech Lake Reservation
White Earth Reservation
Oneida Tribe of Indians of Wisconsin
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[[Page 2779]]
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters--Primary Covered Transactions
By signing and submitting this proposal, the applicant, defined
as the primary participant in accordance with 45 CFR Part 76,
certifies to the best of its knowledge and belief that it and its
principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from covered
transactions by any Federal Department or agency;
(b) Have not with a 3-year period preceding this proposal been
convicted of or had a civil judgment rendered against them for
commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal,
State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of
embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, or receiving stolen property;
(c) Are not presently indicated or otherwise criminally or
civilly charged by a governmental entity (Federal, State, or local)
with commission of any of the offenses enumerated in paragraph (1)
(b) of this certification; and
(d) Have not within a 3-year period preceding this application/
proposal had one or more public transactions (Federal, State, or
local) terminated for cause or default.
The inability of a person to provide the certification required
above will not necessarily result in denial of participation in this
covered transaction. If necessary, the prospective participant shall
submit an explanation of why it cannot provide the certification.
The certification or explanation will be considered in connection
with the Department of Health and Human Services (HHS) determination
whether to enter into this transaction. However, failure of the
prospective primary participant to furnish a certification or an
explanation shall disqualify such person from participation in this
transaction.
The prospective primary participant agrees that by submitting
this proposal, it will include the clause entitled ``Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary
Exclusion--Lower Tier Covered Transaction.'' provided below without
modification in all lower tier covered transactions.
Certification Regarding Debarment, Suspension, Ineligibility and
Voluntary Exclusion--Lower Tier Covered Transactions
(To Be Supplied to Lower Tier Participants)
By signing and submitting this lower tier proposal, the
prospective lower tier participant, as defined in 45 CFR Part 76,
certifies to the best of its knowledge and belief that it and its
principals:
(a) Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
participation in this transaction by any federal department or
agency.
(b) Where the prospective lower tier participant is unable to
certify to any of the above, such prospective participant shall
attach an explanation to this proposal.
The prospective lower tier participant further agrees by
submitting this proposal that it will include this clause entitled
``certification Regarding Debarment, Suspension Ineligibility, and
Voluntary Exclusion--Lower Tier Covered Transactions.'' Without
modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative
Agreements
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(1) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making
of any Federal loan, the entering into any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification
of any Federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of Congress, or an employee of a
Member of Congress in connection with this Federal contract, grant,
loan or cooperative agreement, the undersigned shall complete and
submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in
accordance with its instructions.
(3) The undersigned shall require that the language of this
certification be included in the award documents for all subawards
at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
State for Loan Guarantee and Loan Insurance
The undersigned states, to the best of his or her knowledge and
belief, that:
If any funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with this
commitment providing for the United States to insure or guarantee a
loan, the undersigned shall complete and submit Standard Form-LLL
``Disclosure Form to Report Lobbying,'' in accordance with its
instructions.
Submission of this statement is a prerequisite for making or
entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any person who fails to file the require statement shall
be subject to a civil penalty of not less than $10,000 and not more
than $100,000 for each such failure.
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Signature
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Title
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Organization
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Date
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[FR Doc. 95-614 Filed 1-10-95; 8:45 am]
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