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References. a. JTPA Regulations at 20 CFR Part 632. b. DINAP Bulletin 85-15, Administrative Cost Limit. c. OMB Circulars A-87 and A-122. d. DINAP Bulletin 86-10, Linkages and Program Coordination. e. DINAP Bulletin 87-27, Technical Assistance Guide on Linkages and Program Coordination f. DINAP Bulletin 88-20, Administrative Requirements for DOL Grantees. g. DINAP Bulletin 91-22, Instructions and Reporting Requirements. h. DINAP Bulletin 92-26, Transition Guidance for the Implementation of the Job Training Partnership Act (JTPA) Amendments of 1992. Background. The PY 1994 Title 401 appropriation is $64.2 million. This amount is $2.3 million more than the current funding level of 61.9 million. Proposed revised regulations have been drafted in cooperation with the Native American Employment and Training Council's Regulations Work Group. The Council's representatives provided excellent input and as a result the final product represents an improvement over the present regulations. We will try to clear and issue these regulations in time for implementation of the PY 1994 program. However, at the present time, it appears that this will be problematical given current administrative requirements. Unless revised regulations are issued, Section 401 Indian and Native American grantees will continue to use the existing regulations at 20 CFR Part 632. Therefore, the mandatory provisions in the 1992 amendments to the Job Training Partnership Act which were covered in DINAP Bulletin 92-26 must be followed if we continue to operate under the existing regulations. Information. a. General. A new Comprehensive Annual Plan (CAP) must be submitted to obtain funding for PY 1994, which is the last year under the current four year Master Plan agreement (see attachment 2). Where applicable, a new Summer Plan (SP) for the summer of 1994 must also be submitted (see attachment 2). To assist you in this process the standard list of assurances, certifications, and special conditions are part of this package (see attachment 3). They must be submitted with your grant proposal. A Master Plan is not required to be submitted. b. Special Instructions. All references to 41 CFR Part 29.70 will be superseded by Departmental regulations at 29 CFR Part 95 which will implement the revised A-1 10 requirements. The Department will issue 29 CFR Part 95 by May 1994 and will forward these requirements to all grantees when they are published. The documents referenced in section 2 of this bulletin, are to be used as appropriate in the preparation of the PY 1994 CAP and CY 1994 SP. Follow the Budget Information Summary (BIS) and Program Planning Summary (PPS) instructions in DINAP Bulletin 91-22. Follow the reporting instructions in DINAP Bulletin 91-22. New forms, which have been approved by the Office of Management and Budget, contain minor modifications to existing forms (see attachment 4). Please discontinue use of all previous versions of these forms. c. Common Errors to Avoid. Over the years, certain kinds of errors in the CAP and SP have appeared in many grantee plans. It is recommended that grantees use the attached checklist (see attachment 5) to ensure that these errors are eliminated. This will enable DINAP staff to facilitate the processing of CAPs and SPs and thereby prevent delays in funding. d. Carry-in Policy. The carry-in policy is as follows: -- (1) 20 percent of total available Title IV-A funds can be carried in from PY 1993 to PY 1994. -- (2) The normal 20 percent of total available Title II-B funds which can be carried in from the calendar year 1993 Summer Title II-B program to the calendar year 1994 Summer Title 11-B program is waived in order to permit maximum spending of funds for this year's program. However, the 20 percent carry-in level will be imposed for the calendar year 1995 Summer Title 11-B program since the unique problems that occurred over the last two years are not expected to recur. -- (3) The vast majority of grantees have managed their Section 401 grants in a manner that has kept their carry-in at 15 percent or less of the total available Section 401 funds. Grantees are reminded that there are thousands of Native Americans who need help immediately and to carry in funds is to neglect the immediate needs of these people. Every effort should be made to keep carry-in down to an absolute minimum amount. -- (4) Under the current regulations, total available funds for any funding period are defined as new money allocated for that funding period plus allowable carry-in from the prior funding period. This is the figure reflected on line 11 of the BIS from which the 20 percent carry-in limit is calculated. e. Performance Management Goals for PY 1994. The effects of performance standards on program design, service delivery and participants served have drawn increased public attention within the JTPA system, and particularly within the grantee community. For this reason, current performance measures were reviewed for their contribution to advancing current Departmental policy as part of a lengthy process of consultation with the Native American Employment and Training Council and the Performance Standards Technical Work Group. Program objectives developed jointly with the Native American Employment and Training Council support Departmental goals set for the JTPA and, in addition, include goals relevant to the JTPA Section 401 program (see attachment 6). As a result of this consultative process, performance standard revisions were proposed to support the following ETA and JTPA Section 401 program goals: -- (1) Targeting services to a more at-risk population. -- (2) Improving the quality and intensity of services that lead to long-term employability and increased earnings. -- (3) Placing greater emphasis on basic skills acquisition to qualify for employment or advanced education and training. -- (4) Promoting comprehensive coordinated human resource programs to address the multiple needs of at-risk populations. -- (5) Advancing the economic and social development of Indian and Native American communities in ways that promote each community's goals and lifestyles. -- (6) Designing and implementing a system that is objective, equitable and understandable to the Indian and Native American JTPA grantee and one which provides a standard of accountability for program performance. Allocations. This is the first year that the 1990 Census will be used for allocation purposes. To eliminate the possibility of any major program disruptions, a hold harmless factor has been applied for both the Title 401 program. (90 percent) and the Summer Youth Program (85 percent). As a result of using these factors, no grantee will reduced more than 6.6 percent for the Title 401 IV-A grant or 12.3 percent for the Title II-B grant. It is recognized that by applying a hold harmless percentage, the impact of the 1990 Census data will have to be faced in subsequent years. However, there is a need for a shake out period where problems and issues can be identified and sufficient time is permitted to adjust local service arrangements. Therefore, a hold harmless will be employed for an additional two years. The 1990 Census data were employed consistent with past practices; therefore, there should be no major impact that can be readily identified. There are some problems where adjustments were made to the 1980 Census data that are not in accordance with the governing formula. Since the Census data do not support such adjustments, they have not been incorporated into the allocations contained in attachment 1. Contact will be made with those grantees on an individual basis to address specific problem areas that have been identified thus far. Also, the concerns by the Oklahoma grantees have not been addressed. It is recognized that we must jointly deal with these concerns. When the additional Census data on Oklahoma are obtained, a meeting will be arranged with all the grantees in Oklahoma to determine next steps in overcoming any misunderstandings that may exist. If you identify any problems or have any concerns on the allocations, please contact your Federal Representative to discuss them. A notice will be published in the Federal Register with the allocations for this program which will ask for comments. You do not have to wait for this notice to raise any questions you may have. Closeout. The Department will close out the award when it determines that all applicable administrative actions and all required work of the grant has been completed. Within 90 days after the expiration or termination of the grant, the grantee must submit all final financial, performance and other reports required as a condition of the grant. The Department will make every effort to provide the grantee with all required closeout forms prior to the expiration or termination of the grant. Upon request by the grantee, the Department may extend the 90 day time frame to submit the closeout documents. Action. Grantees must forward their SYP by April 15, and their CAP by April 29, 1994 to DINAP. Inquiries. Questions should be directed to your Federal Representative (202) 219-5504.

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References. DINAP Bulletins 93-14 and 93-15 Background. A series of questions have been raised on the original bulletin. While the questions have been responded to individually, the answers may be helpful to everyone (see attachment 1). Along with the questions and answers, grantees will find three replacement pages - Revised Signature Page (formerly Attachment 7) to be used to transmit the grants; Special Clause No. 1 - Indirect Cost, page 2; and Part III Special Conditions, page 1, item 9. In addition, a series of changes have been made to the initial allocations to correct problems that have been identified with the data. Reservations in six States were included in the totals which have been deleted (see attachment 2 for new allocations). Other corrections for misassignments of geographical areas that have been agreed upon with staff from the U.S. Bureau of the Census. Native Americans Allotments Methodology. Since several individuals indicated a need for a description of how the allotments were prepared, the following information on the methodology is included below: a. 1994 11-B Summer Youth Program. Total 11-B funds available for Native Americans for the Summer Youth Program are allotted among grantees on the basis of the number of reservation youth ages 14-21 for each grantee as compared to the total number of reservation youth ages 14-21 for all grantees, subject to an 85% hold harmless adjustment. The 85% hold-harmless adjustment provides that no grantee with such reservation youth for the year for which the allotment is being determined will receive less than 85% of its allotment percentage (percentage of total lI-B funds allotted) for the previous year. (NOTE: this is not 85% of the dollar amount for the previous year.) If the grantee's current year allotment percentage is less than that, the grantee is assigned an amount equal to 85% of its allotment percentage for the previous year, applied to the current year total 11-B funds available for allotment to Native Americans. Funds necessary to cover grantees held harmless are subtracted from total funds available, with the remaining funds distributed to remaining grantees on the basis of their relative share of remaining reservation youth, as described above. The number of reservation youth ages 14-21 are provided by the Census Bureau from the 1990 Census data (see attachment 3). b. 1994 IV-A Program. Total IV-A funds available for Native Americans are allotted among grantees as follows: -- (1) 75% of the funds are allotted on the basis of the number of persons in poverty for each grantee as compared to the total number of persons in poverty for all grantees -- (2) 25% of the funds are allotted on the basis of the number of unemployed persons for each grantee as compared to the total number of unemployed persons for all grantees. The amounts so calculated for grantees are subject to a 90% hold-harmless adjustment. The 90% hold-harmless adjustment provides that no grantee will receive less than 90% of its allotment percentage (percentage of total IV-A funds allotted) for the previous year. (NOTE: this is not 90% of the dollar amount for the previous year.) If the current year allotment percentage is less than that, the grantee is assigned an amount equal to 90% of its allotment percentage for the previous year, applied to the current year total IV-A funds available for allotment to Native Americans. Funds necessary to cover grantees held harmless are subtracted from total funds available, with the remaining funds distributed to remaining grantees on the basis of their relative share of remaining poverty and unemployment, as described in the formula above. Poverty and unemployment data are provided by the Census Bureau from the, 1990 Census data (see attachment 3). Inquiries. Questions should be directed to your Federal representatives on (202) 219-5504.

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