[Federal Register Volume 70, Number 241 (Friday, December 16, 2005)]
[Notices]
[Pages 74781-74783]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24162]


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DEPARTMENT OF EDUCATION

[CFDA NO. 84.031H]


Office of Postsecondary Education; Strengthening Institutions 
(SIP), American Indian Tribally Controlled Colleges and Universities 
(TCCU), Alaska Native and Native Hawaiian-Serving Institutions (ANNH) 
and Developing Hispanic-Serving Institutions (HSI) Programs; Notice 
Inviting Applications for Designation as Eligible Institutions for 
Fiscal Year (FY) 2006

    Purpose of Programs: Under the SIP, TCCU, and ANNH Programs, (Title 
III, Part A programs) authorized under Part A of Title III of the 
Higher Education Act of 1965, as amended (HEA), institutions of higher 
education (IHEs or institutions) are eligible to apply for grants if 
they meet specific statutory and regulatory eligibility requirements. 
Similarly, institutions of higher education are eligible to apply for 
grants under the HSI program, authorized under Title V of the HEA, if 
they meet specific statutory and regulatory requirements. In addition, 
an institution that is designated as an eligible institution under 
those programs may also receive a waiver of certain non-Federal share 
requirements under the Federal Supplemental Educational Opportunity 
Grant (FSEOG), the Federal Work Study (FWS), the Student Support 
Services (SSS) and the Undergraduate International Studies and Foreign 
Language (UISFL) Programs. The FSEOG, FWS, and SSS Programs are 
authorized under Title IV of the HEA; the UISFL Program is authorized 
under Title VI of the HEA.
    Qualified institutions may receive these waivers even if they are 
not recipients of grant funds under the Title III, Part A programs or 
the HSI program.


    Special note: To qualify as an eligible institution under the 
Title III, Part A programs or the HSI program, your institution must 
satisfy several criteria, including one related to needy student 
enrollment and one related to average Educational and General (E&G) 
expenditures for a particular base year. The most recent data 
available for E&G expenditures is for base year 2003-2004. In order 
to award FY 2006 grants in a timely manner, we will use the most 
recent data available. Therefore, we use E&G expenditure threshold 
data from the base year 2003-2004. In completing your eligibility 
application, please use E&G expenditure data from the base year 
2003-2004.
    If you are designated as an eligible institution and you do not 
receive a new Title III or Title V award in FY 2006, your 
eligibility for the non-Federal cost share waiver under the FSEOG, 
the FWS, the SSS, and the UISFL programs is valid for five 
consecutive years. You will not need to reapply for eligibility 
until FY 2011, unless you wish to apply for a new Title III or title 
V grant. TCCUs applying for a FY 2006 new grant or requesting a 
waiver of the non-Federal cost share, must also apply for 
eligibility designation in FY 2006.


    Eligible Applicants: To qualify as an eligible institution under 
the Title III, Part A programs or the HSI program, an accredited 
institution must, among other requirements, have an enrollment of needy 
students, and its average E&G expenditures per full-time equivalent 
(FTE) undergraduate student must be low in comparison with the average 
E&G expenditures per FTE undergraduate student of institutions that 
offer similar instruction.
    The complete eligibility requirements for the Title III, Part A 
programs are found in 34 CFR 607.2 through 607.5. These regulations may 
be accessed by visiting the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_02/34cfr607_02.html.
    The complete eligibility requirements for the HSI program are found 
in 34 CFR 606.2 through 34 CFR 606.5. These regulations may be accessed 
at the following Web site: http://www.access.gpo.gov/nara/cfr/waisidx_01/34cfr606_01.html.
    Enrollment of Needy Students: Under 34 CFR 606.3(a) and 607.3(a), 
an institution is considered to have an enrollment of needy students if 
(1) at least 50 percent of its degree students received financial 
assistance under one or more of the following programs: Federal Pell 
Grant, FSEOG, FWS, and Federal Perkins Loan Programs; or (2) the 
percentage of its undergraduate degree students who were enrolled on at 
least a half-time basis and received Federal Pell Grants exceeded the 
median percentage of undergraduate degree students who were enrolled on 
at least a half-time basis and received Federal Pell Grants at 
comparable institutions that offered similar instruction.
    To qualify under this latter criterion, an institution's Federal 
Pell Grant percentage for base year 2003-2004 must be more than the 
median for its category of comparable institutions provided in the 
table in this notice.
    Education and General Expenditures Per FTE Student: An institution 
should compare its 2003-2004 average E&G expenditures per FTE student 
to the average E&G expenditure per FTE student for its category of 
comparable institutions contained in the table in this notice. If the 
institution's average E&G expenditures for the 2003-2003 base year are 
less than the average for its category of comparable institutions, the 
institution meets this eligibility requirement.
    An institution's average E&G expenditures are the total amount it 
expended during the base year for instruction, research, public 
service, academic support, student services, institutional support 
including library expenditures, operation and maintenance, scholarships 
and fellowships, and mandatory transfers.
    The following table identifies the relevant median Federal Pell 
Grant percentages for the base year 2003-2004 and the relevant average 
E&G expenditures per FTE student for the base year 2003-2004 for the 
four categories of comparable institutions:

------------------------------------------------------------------------
                                                            2003-2004
                                          2003-2004        Average E&G
         Type of institution             Median Pell    expenditures per
                                      Grant percentage     FTE student
------------------------------------------------------------------------
2-year Public Institutions..........              25.1            $8,824
2-year Private Nonprofit                          40.6            19,272
 Institutions.......................
4-year Public Institutions..........              25.8            22,702
4-year Private Nonprofit                          26.8            35,801
 Institutions.......................
------------------------------------------------------------------------


[[Page 74782]]

    Waiver Information: IHEs that are unable to meet the needy student 
enrollment requirement or the average E&G expenditures requirement may 
apply to the Secretary for waivers of these requirements, as described 
in 34 CFR 606.3(b), 606.4(c) and (d), 607.3(b), and 607.4(c) and (d). 
Institutions requesting a waiver of the needy student enrollment 
requirement or the average E&G expenditures requirement must include in 
their application detailed information supporting the waiver request, 
as described in the instructions for completing the application.
    The regulations governing the Secretary's authority to waive the 
needy student requirement waiver, 34 CFR 606.3(b)(2) and (3) and 
607.3(b)(2) and (3), refer to ``low-income'' students or families. The 
regulations define ``low-income'' as an amount that does not exceed 150 
percent of the amount equal to the poverty level, as established by the 
U.S. Bureau of the Census, 34 CFR 606.3(c) and 607.3(c).
    For the purposes of this waiver provision, the following table sets 
forth the low-income levels for the various sizes of families:

                                          2003 Annual Low-Income Levels
----------------------------------------------------------------------------------------------------------------
                                                              Family income
                                                               for the 48
                                                               contiguous       Family income     Family income
                   Sizes of family unit                       States, D.C.,      for Alaska        for Hawaii
                                                              and outlaying
                                                              jurisdictions
----------------------------------------------------------------------------------------------------------------
1.........................................................           $13,470           $16,815           $15,495
2.........................................................            18,180            22,710            20,910
3.........................................................            22,890            28,605            26,325
4.........................................................            27,600            34,500            31,740
5.........................................................            32,310            40,395            37,155
6.........................................................            37,020            46,290            42,570
7.........................................................            41,730            52,185            47,985
8.........................................................            46,440            58,080            53,400
----------------------------------------------------------------------------------------------------------------


    Note: The 2003 annual low-income levels are being used because 
those are the amounts that apply to the family income reported by 
students enrolled for the Fall 2003 semester. For family units with 
more than eight members, add the following amount for each 
additional family member: $4,710 for the contiguous 48 states, the 
District of Columbia and outlying jurisdictions; $5,895 for Alaska; 
and $5,415 for Hawaii.

    The figures shown under family income represent amounts equal to 
150 percent of the family income levels established by the U.S. Bureau 
of the Census for determining poverty status. The poverty guidelines 
were published by the U.S. Department of Health and Human Services in 
the Federal Register, Vol. 68, No. 26, February 7, 2003, pp. 6456-6458.
    The information about ``metropolitan statistical areas'' referenced 
in 34 CFR 606.3(b)(4) and 607.3(b)(4) may be obtained by requesting the 
Metropolitan Statistical Areas, 1999 publication, order number PB99-
501538, from the National Technical Information Service, Document 
Sales, 5285 Port Royal Road, Springfield, Virginia 22161, telephone 
number 1-800-553-6847. There is a charge for this publication.
    Applications Available: December 16, 2005.
    Deadline for Transmittal of Applications: February 24, 2006 for an 
applicant institution that wishes to be designated as eligible to apply 
for a FY 2006 new grant under the Title III, Part A program or the HSI 
program; June 15, 2006 for an institution that wishes to apply only for 
cost-sharing waivers under the FSEOG, FWS, SSS, or UISFL Programs; and, 
February 24, 2006 for an institution that wishes to apply for both a 
grant under the Title III, Part A programs or the HSI program and a 
waiver of the Non-Federal share requirement.

Electronic Submission of Applications

    Applications for designation of eligibility must be submitted 
electronically using the following Web site: http://webprod.cbmiweb.com/Title3and5/index.html. To enter the Web site, you 
must use your institution's unique 8-digit identifier, i.e., your 
Office of Postsecondary Education Identification Number (OPE ID 
number). Your business office or student financial aid office should 
have the OPE ID Number, if they do not, contact the Department, using 
the e-mail addresses of the contact persons listed in this notice under 
For Applications and Further Information Contact.
    You will find detailed instructions for completing the application 
form electronically under the ``eligibility 2006'' link at either of 
the following Web sites:

http://www.ed.gov/programs/iduestitle3a.index.html

 or

http://www.ed.gov/hsi.

    If your institution is unable to meet the needy student enrollment 
requirement or the average E&G expenditure requirement and wishes to 
request a waiver of one or both of those requirements, you must 
complete your designation application form electronically and transmit 
your waiver request narrative document from the following Web site: 
http://webprod.cbmiweb.com/Title3and5/index.html.
    Exception to Electronic Submission Requirement: You may qualify for 
an exception to the electronic submission requirement, and may submit 
your application in paper format, if you are unable to submit an 
application electronically because--
     You do not have access to the Internet; or
     You do not have the capacity to upload documents to the 
Web site: and
     No later than two weeks before the application deadline 
date (14 calendar days or, if the fourteenth calendar day before the 
application deadline date fall on a Federal holiday, the next business 
day following the Federal holiday), you mail or fax a written statement 
to the Department, explaining which of the two grounds for an exception 
prevent you from using the Internet to submit your application. If you 
mail your written statement to the Department, it must be postmarked no 
later than two weeks before the application deadline date. If you fax 
your written statement to the Department, we must receive the faxed 
statement no late than two weeks before the application deadline date.
    Address and mail or fax your statement to: Dr. Maria Carrington, 
U.S. Department of Education, 1990 K Street, NW., room 6033, 
Washington, DC 20006-8513.

[[Page 74783]]

    Your paper application must be submitted in accordance with the 
mail or hand delivery instructions described in this notice.

Submission of Paper Applications by Mail

    If you qualify for an exception to the electronic submission 
requirement, you may mail (through the U.S. Postal Service or a 
commercial carrier), your application to the Department. You must mail 
the application, on or before the application deadline date, to the 
Department at the applicable following address:
    By mail through the U.S. Postal Service or commercial carrier: Dr. 
Maria Carrington, U.S. Department of Education, 1990 K Street, NW., 
Room 6033, Washington, DC 20006-8512.
    You must show proof of mailing consisting of one of the following:
    (1) A legibly dated U.S. Postal Service postmark,
    (2) A legible mail receipt with the date of mailing stamped by the 
U.S. Postal Service,
    (3) A dated shipping label, invoice, or receipt from a commercial 
carrier, or
    (4) Any other proof of mailing acceptable to the Secretary of the 
U.S. Department of Education.
    If you mail your application through the U.S. Postal Service, we do 
not accept either of the following as proof of mailing:
    (1) A private metered postmark, or
    (2) A mail receipt that is not dated by the U.S. Postal Service.
    If your application is postmarked after the application deadline 
date, we will not consider your application.


    Note: The U.S. Postal Service does not uniformly provide a dated 
postmark. Before relying on this method, you should check with your 
local post office.

Submission of Paper Applications by Hand Delivery

    If you qualify for an exception to the electronic submission 
requirement, you (or a courier service) may deliver your paper 
application to the Department by hand. You must deliver the 
application, on or before the application deadline date, to the 
Department at the following address: Dr. Maria Carrington, U.S. 
Department of Education, 1990 K Street, NW., Room 6033, Washington, DC 
20006-8512.
    Hand delivered applications will be accepted daily between 8 a.m. 
and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and 
Federal holidays.
    Applicable Regulations: (a) The Education Department General 
Administrative Regulations in 34 CFR parts 74, 75, 77, 79, 82, 84, 85, 
86, 97, 98, and 99. (b) The regulations for the Title III, Part A 
programs in 34 CFR part 607, and for the HSI program in 34 CFR part 
606.
    For Applications and Further Information Contact: Imogene Byers, 
Kelley Harris, or Carnisia Proctor, Institutional Development and 
Undergraduate Education Service, U.S. Department of Education, 1990 K 
Street, NW., room 6033, Request for Eligibility Designation, 
Washington, DC 20202-8513.
    You can contact these individuals at the following e-mail addresses 
or phone numbers:

[email protected]--202-502-7672
[email protected]--202-219-7083
[email protected]--202-502-7606
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Relay Service (FRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audio tape, or computer 
diskette) on request to the contact persons listed under For 
Applications and Further Information Contact.
    Individuals with disabilities may obtain a copy of the application 
package in an alternative format by contacting those persons.

Electronic Access to This Document

    You may view this document, as well as all other documents of this 
Department published in the Federal Register, in text or Adobe Portable 
Document Format (PDF) on the Internet at the following site: http://www.ed.gov/news/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.gpoaccess.gov/nara/index.html.


    Program Authority: 20 U.S.C. 1057-1059d, 1101-1103g.

Sally L. Stroup,
Assistant Secretary for Postsecondary Education.
[FR Doc. 05-24162 Filed 12-15-05; 8:45 am]
BILLING CODE 4000-01-M