[Federal Register: May 29, 2002 (Volume 67, Number 103)]
[Notices]
[Page 37408-37411]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29my02-55]
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DEPARTMENT OF EDUCATION
Career Resource Network State Grants
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice of proposed extension of project period and waiver, and
reopening of competition for American Samoa.
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SUMMARY: We propose to waive the requirement in 34 CFR 75.261(c)(2) as
it applies to projects funded under the Career Resource Network State
GrantsProgram (CRN) in fiscal year (FY) 2000. We propose this waiver in
order to be able to extend the project periods for 58 current grants
awarded under the FY 2000 CRN competition.
We also are proposing to reopen the FY 2000 competition for the
limited purpose of allowing American Samoa to submit an application for
funding under the CRN.
We are requesting public comments on the proposed extension,
waiver, and the limited reopening of the FY 2000 competition.
[[Page 37409]]
DATES: We must receive your comments on or before June 28, 2002.
ADDRESSES: Address all comments about this proposed extension and
waiver to Sharon A. Jones, U.S. Department of Education, 400 Maryland
Avenue, SW., room 4515, Mary E. Switzer Building, Washington, DC 20202-
7242. If you prefer to send your comments through the Internet, use the
following address: sharon.jones@ed.gov.
FOR FURTHER INFORMATION CONTACT: Sharon A. Jones. Telephone (202) 205-
9870.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this proposed extension
and waiver in an alternative format (e.g., Braille, large print,
audiotape, or computer diskette) on request to the contact person
listed under FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
Invitation To Comment
We invite you to submit comments regarding this proposed extension
and waiver. We are particularly interested in receiving comments on the
potential impact the extension and waiver may have on the CRN.
Additionally, we invite you to assist us in complying with the
specific requirements of Executive Order 12866 and its overall
requirement of reducing regulatory burden that might result from this
proposed extension and waiver. Please let us know of any further
opportunities we should take to reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the CRN.
During and after the comment period, you may inspect all public
comments about this proposed extension and waiver in room 4515, Mary E.
Switzer Building, 330 C Street SW., Washington, DC, between the hours
of 8 a.m. and 4 p.m., Eastern time, Monday through Friday of each week
except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the
RulemakingRecord
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this proposed extension and waiver. If you want
to schedule an appointment for this type of aid, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Background
On May 12, 2000 (65 FR 30798), we issued a notice inviting
applications for new awards under the CRN for FY 2000. Among other
things, the notice (a) explained that CRN grants are intended to
provide support for the implementation of Statewide, systemic
strategies for providing young people and adults with the critical
career information resources and the skills they need to make effective
educational and career decisions throughout their lives, (b) created a
two-year project period, (c) established the deadline for the receipt
of applications, and (d) clearly identified the eligible applicants,
which include any of the 50 States, the Virgin Islands, the
Commonwealth of Puerto Rico, the District of Columbia,Guam, American
Samoa, the Commonwealth of the Northern Marianna Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia, and the
Republic of Palau.
In the May 12th notice we indicated that the Republic of the
MarshallIslands, the Federated States of Micronesia, and the Republic
of Palau are not eligible for funding under the CRN after FY 2001 and,
therefore, would not be eligible to receive funding under the CRN
beyond FY 2001. However, following publication of the notice, Congress
enacted H.R. 2436, the GuamOmnibus Opportunities Act, in which it
extended the eligibility of these three entities beyond 2001, and until
such time as they have fully completed the negotiations of their
compacts of free association. Accordingly, since these three entities
have not yet completed the negotiations process, they would continue to
be eligible for funding under the CRN program in FY 2002, and perhaps
beyond.
As indicated in the May 12th notice, we expected to receive
applications from each of the 59 eligible applicants. With the
exception of American Samoa, every eligible State and outlying area
applied for and received funding under the FY 2000 competition.
American Samoa missed the deadline, but has indicated that it is
interested in submitting an application and receiving funding in FY
2002. Based on the statute as written and the important services to be
provided under the authority of section 118 of the Perkins Act, we
believe that Congress intended for us to provide assistance under the
CRN program to all eligible entities. We are, therefore, reopening the
FY 2000 competition in order that American Samoa may apply for funding
under the CRN.
If we held a new competition for FY 2002 and every current grantee,
as well as American Samoa, applied for and received funding, all
eligible applicants would be receiving support under the CRN in FY
2002. We believe, therefore, that in FY 2002 it is now preferable and
in the best interest of the CRN for us to extend currently funded
projects, allowAmerican Samoa to apply for a grant, and review requests
for continuation awards from the 58 current FY 2000 grantees, rather
than hold a new competition in FY 2002. We believe that holding a new
competition would create an unnecessary burden for current grantees
since the 58 current grantees would have to undertake the effort and
cost of submitting new applications for funding in FY 2002. A new
competition is likely merely to cause existing grantees to expend
valuable time and resources applying for program funding under the
existing authority, while requesting continuation awards would be a
more appropriate and effective means for current CRNs already under way
to continue their projects under this program. In addition, pursuing a
continuation grant process would also result in a more efficient use of
Federal funds.
Moreover, the Perkins Act, which includes authorization for the
CRN, expires at the end of FY 2003. With the uncertainties presented by
the absence of authorizing legislation for the CRN beyond 2003, it does
not appear to be advisable to hold a competition in FY 2003 for
projects that would operate in FY 2004. We are generally reluctant to
announce a competition whereby eligible entities would be expected to
proceed through the application preparation and submission process
while lacking critical information about the future of the program, and
do not think that it would be in the public interest to do so in this
case.
Since we propose a limited purpose reopening of the FY 2000
competition so as to allow American Samoa to apply for CRN funding, the
proposal of continuation grants in lieu of a FY 2002 competition will
not prevent the support of this last, and as yet unfunded, eligible
entity under the CRN.
EDGAR Requirement
In order to provide for continuation awards, we must waive the
requirement in 34 CFR 75.261(c)(2), which establishes the conditions
for extending a project period, including prohibiting the extension of
a program's project period if it involves the obligation of additional
Federal funds.
[[Page 37410]]
This proposed extension and waiver would allow us to make
continuation grants at least in FY 2002 and FY 2003 and perhaps beyond
FY 2003 if Congress continues to appropriate funds for the CRN program
under the current statutory authority. However, in accordance with 34
CFR 75.250, we do not hereby propose to make continuation grants beyond
FY 2005.
A waiver as proposed would mean that: (1) Current CRN grants may be
continued at least through FY 2004 (depending on the availability of
appropriations for CRN in subsequent years under the current statutory
authority), instead of ending in FY 2002, and (2) we would not announce
a new competition or make new awards in FY 2002, as previously planned.
Continuation of the Current Grantees
With this proposed extension and waiver of [sect] 75.261(c)(2) of
EDGAR, we propose to extend the project periods of the 58 States and
outlying areas that received grants under the FY 2000 competition for
two years and for additional years for which Congress appropriates
funds under the current statutory authority.
Decisions regarding annual continuation awards will be based on the
program narratives, budgets and budget narratives, and Grant
Performance Reports submitted by grantees, and on the regulations at 34
CFR 75.253. Consistent with 34 CFR 75.253, we would award continuation
grants if we determined, among other things, and based on information
provided by each grantee, that each grantee was making substantial
progress performing grant activities. Under this proposed extension and
waiver, (1) the project period for grantees could be extended to July
19, 2004, and (2) additional continuation awards could be made for
additional year or years for which Congress appropriates funds under
existing statutory authority.
We do not interpret the waiver as exempting current grantees from
the account closing provisions of Pub. L. 101-510, or as extending the
availability of FY 2001 funds awarded to the grantees. As a result of
Pub. L. 101-510, appropriations available for a limited period may be
used for payments of valid obligations for only five years after the
expiration of their period of availability for Federal obligation.
After that time, the unexpended balance of those funds is canceled and
returned to the Treasury Department and is unavailable for restoration
for any purpose.
Regulatory Flexibility Act Certification
The Secretary certifies that the proposed extension and waiver and
the activities required to support additional years of funding would
not have a significant economic impact on a substantial number of small
entities.
Because this proposed extension and waiver would affect only States
and State agencies, the notice would not have an impact on small
entities. States and State agencies are not defined as ``small
entities'' in the Regulatory Flexibility Act.
Instructions for Requesting a Continuation Award
Each grantee wishing to receive an annual continuation grant shall
submit a program narrative that describes the activities it intends to
carry out during each of the two years (FYs 2002 and 2003), and during
any additional years for which Congress appropriates funds under the
current statutory authority, of a continuation award. The activities
must be consistent with, or be a logical extension of, the scope,
goals, and objectives of the grantee's approved application. A grantee
shall also submit a budget and budget narrative for each year it
requests a continuation award. (34 CFR 75.253(c)(2)). States and
outlying areas should request continuation awards at least three weeks
before their current grants expire.
Amount of New Awards Under Continuation Grant
The actual amount of each continuation award depends on factors
such as (1) the grantee's written statement describing how the funds
made available under the continuation award will be used, (2) a cost
analysis of the grantee's budget by the Department, and (3) whether any
unobligated funds remaining from previous grant awards are needed to
complete activities that are planned for completion in the prior budget
period. (34CFR 75.232 and 75.253(c)(2)(ii) and (3)).
The CRN has received an increase in its appropriation from FY 2001,
which could result in States and outlying areas receiving a percentage
increase in their awards. As a result of the increase in the
appropriation, it is expected that States and outlying areas will
receive a 4.39 percent increase in the amount of their current grants.
Although grantees must submit program narratives and budgets
describing the activities they plan to carry out during each period of
continuation, which could include some increase in funding, we strongly
encourage all grantees to consider the 4.39 percent increase when
deciding the amount of funds to request to support their continuation
of projects.
American Samoa
American Samoa missed the deadline for the FY 2000 competition, but
is interested in receiving funding in FY 2002. In order to provide an
opportunity for American Samoa to submit an application under the CRN,
we propose to (1) reopen the competition and application notice
published on May 12, 2000 (65 FR 30798) for this limited purpose, and
(2) establish a new deadline date by which American Samoa would be
required to submit its application. To be considered for funding,
American Samoa must submit an application that meets the requirements
established by the statute and the May 12, 2000 notice and is
determined by the Department to have merit based on the criteria
described in the May 12th notice. However, American Samoa is not
required to follow the May 12th notice with regard to the DEADLINE FOR
TRANSMITTAL OF APPLICATIONS, DEADLINE FOR INTERGOVERNMENTAL REVIEW,
ESTIMATED AVERAGE SIZE OF AWARDS, and PROJECT PERIOD. Instead, American
Samoa should note the following:
Deadline for Transmittal of Application: July 31, 2002.
Deadline for Intergovernmental Review: September 30, 2002.
Estimated Range of Award: As with other awards under the FY 2000
competition, the size of American Samoa's award will depend on factors
such as the scope and quality of the application and will be determined
during pre-award clarification discussions with us. However, we
strongly encourage American Samoa to consider the $85,732 estimated
grant amount determined for American Samoa and published in the May
12th notice and the 4.39 percent increase in this notice, in
determining the amount it requests for FY 2002.
Project Period: American Samoa's project period would be for FYs
2003 and 2004, and possibly for additional years for which Congress
appropriates funds under the current statutory authority. Decisions
regarding any continuation awards for American Samoa would be made in
the same manner as decisions would be made for other CRN grantees under
this notice.
Note: The Department is not bound by any estimates in this
notice.
If You Have Questions About The Percentage Increase Your State Or
[[Page 37411]]
Outlying Area May Receive Or About The Information You Must Submit In
Order To Request A Continuation Award, Or New Award In The Case Of
American Samoa, Contact: Burt Carlson, U.S. Department of Education,
400 Maryland Avenue, SW., room 4331, Mary E. Switzer Building,
Washington, DC 20202-7241. Telephone (202) 401-6225.
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(Catalog of Federal Domestic Assistance Number 84.346 Career
ResourceNetwork State Grants)
Dated: May 22, 2002.
Carol D'Amico,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 02-13311 Filed 5-28-02; 8:45 am]
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