[Federal Register Volume 67, Number 147 (Wednesday, July 31, 2002)]
[Notices]
[Pages 49852-49854]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19352]
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Part VII
Department of Education
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Career Resource Network State Grants; Notice
Federal Register / Vol. 67, No. 147 / Wednesday, July 31, 2002 /
Notices
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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 extension of project period and waiver, and reopening
of competition for American Samoa.
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SUMMARY: We waive the requirement in 34 CFR 75.261(c)(2) as it applies
to projects funded under the Career Resource Network State Grants
Program (CRN) in fiscal year (FY) 2000. We waive this requirement in
order to be able to extend the project periods for 58 current grants
awarded under the FY 2000 CRN competition.
We will also reopen the FY 2000 competition for the limited purpose
of allowing American Samoa to submit an application for funding under
the CRN.
DATES: This notice is effective July 31, 2002.
FOR FURTHER INFORMATION CONTACT: Sharon A. Jones, U.S. Department of
Education, 400 Maryland Avenue, SW., room 4515, Mary E. Switzer
Building, Washington, DC 20202-7242. 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 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:
On May 29, 2002 we published in the Federal Register (67 FR 37408)
a notice proposing an extension of project period and waiver, and
reopening of competition for American Samoa, in order to give early
notice of--
(1) The possibility that additional years of funding may be
available for current grantees through continuation awards; and
(2) Our intent to reopen the competition for American Samoa.
Public Comment
In the May 29th notice the Assistant Secretary invited comments on
these proposals. We did not receive any comments.
Waiver of Delayed Effective Date
The Administrative Procedure Act requires that a substantive rule
shall be published at least 30 days before its effective date, except
as otherwise provided for good cause (20 U.S.C. 553(d)(3)). During the
30-day public comment period on this notice, no comments or objections
were received on the proposed extension, waiver and limited reopening
of the FY 2000 competition. For this reason, and in order to make
timely continuation grants to the entities affected, the Secretary has
determined that a delayed effective date is not required.
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
Marshall Islands, 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 Guam Omnibus 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 also 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 it is in the best interest of the CRN
for us to extend currently funded projects, allow American 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 would be likely
only 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 effective 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 FY 2003, it
does not appear to be appropriate to hold a competition in FY 2003 for
projects that would operate in FY 2004. We are generally reluctant to
announce a competition in which eligible entities would be expected to
prepare and submit applications while they are lacking critical
information about the future of the program, and we do not think that
it would be in the public interest to do so in this case.
Since we will have a limited purpose reopening of the FY 2000
competition so as to allow American Samoa to apply for CRN funding, the
continuation of 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 waive the
requirement in 34 CFR 75.261(c)(2), which establishes the conditions
for extending a project
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period, including prohibiting the extension of a grantee's project
period if it involves the obligation of additional Federal funds.
This extension and waiver will 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 intend to make continuation grants beyond FY 2005.
A waiver will 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 will not announce a new
competition or make new awards in FY 2002, as previously planned.
Continuation of the Current Grantees
With this extension and waiver of Sec. 75.261(c)(2) of EDGAR, we
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 will award continuation
grants if we determine, among other things, and based on information
provided by each grantee, that each grantee is making substantial
progress performing grant activities. Under this 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 any additional
fiscal year or years for which Congress appropriates funds under
existing statutory authority.
We do not interpret this 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 current 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.
Instructions for Requesting a Continuation Award
Under the applicable EDGAR provisions, 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. (34 CFR 75.261(c)(3)). A grantee
shall also submit a budget and budget narrative for each year it
requests a continuation award. (34 CFR 75.118 and 75.253(c)(2)(i)). We
suggest that states and outlying areas request their 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. (34 CFR 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 (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 will 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: August 30, 2002.
Deadline for Intergovernmental Review: October 29, 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 will 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 will be made in
the same manner as decisions will 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
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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Paperwork Reduction Act of 1995
This extension and waiver does not contain any information
collection requirements.
Intergovernmental Review
This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR part 79. The objective of the
Executive order is to foster an intergovernmental partnership and a
strengthened federalism by relying on processes developed by State and
local governments for coordination and review of proposed Federal
financial assistance.
In accordance with the order, we intend this document to provide
early notification of the Department's specific plans and actions for
this program.
Assessment of Educational Impact
In the notice of proposed extension and waiver we requested
comments on whether the proposed extension and waiver would require
transmission of information that any other agency or authority of the
United States gathers or makes available.
Based on the response to the notice of proposed extension and
waiver and our own review, we have determined that this final notice of
extension and waiver does not require transmission of information that
any other agency or authority of the United States gathers or makes
available.
Electronic Access to This Document
You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at the following site:
www.ed.gov/legislation/FedRegister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using PDF, call the U.S.
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in
the Washington, DC, area at (202) 512-1530.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html.
(Catalog of Federal Domestic Assistance Number 84.346 Career
Resource Network State Grants)
Program Authority: 20 U.S.C. 2328.
Dated: July 24, 2002.
Hans Meeder,
Acting Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 02-19352 Filed 7-30-02; 8:45 am]
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