Reference. DINAP Bulletins Number 95-24 and 95-28. Background. Section 162(d) of the JTPA, as amended, requires the Secretary of Labor to publish final allocations in the Federal Register whenever a formula is used to allocate or allot JTPA funds. This bulletin transmits the text of that publication to section 401 grantees. Action. Grantees should review the attached allocation lists to ensure that the amounts match the amount(s) on their most recent Notice of Obligation (NOO) received from the Department. Any discrepancies should be reported immediately to the appropriate Fed. Rep. Team or to the Grant Officer, Jim DeLuca. Inquiries. Contact your DINAP Federal Representative Team.

References. DINAP Bulletin No 95-15. Background. Prior to the issuance of PY 1996 title IV-A grant allocations, the Department of Labor (DOL) sought input from the grantees on the use of program funds for technical assistance and training purposes. Following are the results of the last year's comments: Program Year 1995 - 189 grantees - 110 (58%) grantee responses received - 79 (42%) no response submitted TAT Preference Results - 110 responses - 68 (62%) favored using less than 1% for TAT in PY 1996 - 30 (27%) favored using 1% for TAT in PY 1996 - 12 (11%) did not favor using any program funds for TAT purposes in PY 1996 Almost ninety percent of the grantees that responded favored using program funds for TAT purposes in PY 1996; however, because an overwhelming mandate was not established as sought by the Department, a decision was made to not use any PY 1996 program funds for TAT purposes. New Survey. The Council along with many grantees have asked the Department to once again seek broad input regarding the use of PY 1997 program funds for TAT purposes. As stated in DINAP Bulletin 95-15, the section 401 program regulations at 20 CFR 632.171(b) give the Department authority to reserve up to one percent (1%) of the title IV-A allocation for TAT purposes. However, even though the Department has never exercised this authority, it is the desire of the Department and the Council to once again seek broad grantee input prior to any decision regarding the use of program funds for TAT purposes. A few basic facts should be clearly understood by all grantees prior to informing the Department of your position on this important issue: a. The hold harmless factor used in calculating the last three PY allocations will not be used for PY 1997. Once the hold harmless factor is removed, a few grantees will receive slightly smaller allocations for PY 97 while some grantees will get a slightly larger allocation. This occurs each time the hold harmless factor is finally removed to adjust for the exact allocations based on the actual results of 1990 Census data. b. The FY 1997 title IV-A appropriation for the 401 program in PY 1997 is the same as for the current PY 1996--$52.5 million. c. This issue was discussed at the October 1996 meeting of the Council, and it was agreed that the Department would once again seek input from all grantees on this important issue prior to any final decision. Options. The following describes the options each grantee should consider prior to submitting their input to the Department: Option 1 - use one percent (1% of $52.5 million equals $520,000) of PY 1997 program funds as allowed by the regulations for TAT activities. Example: If grantee A's title IV-A allocation for PY 97 is $400,000, their grant would be reduced by $4,000. Option 2 - use half a percent (.5% of $52.5 million equals $262,500) of PY 1997 program funds for TAT activities. Example: If grantee B's title IV-A allocation for PY 97 is $65,000, their grant would be reduced by $325. Option 3 - do not use any PY 1997 program funds for TAT purposes. Any title IV-A program funds used for TAT purposes by law, can only be used to directly benefit grantees. These funds cannot be used by Federal staff for any purposes, i.e., travel, lodging, salaries, etc. As in the past, some of the activities engaged in under the TAT contract would include peer-to-peer on-site technical assistance, logistical support of the national and multi-regional TAT conferences, payment of travel costs for smaller grantees to attend these TAT sessions, and the hiring of outside (i.e., non-governmental) consultants to provide specialized training, as in computer and/or electronic communications classes. Any other suggested options regarding either the funding or the nature of TAT to be provided are welcome. Action Required. All JTPA section 401 grantees are encouraged to voice their opinions on these options and to submit them in writing to the Department. Because of the requirement to publish preliminary allocation figures for grantee planning purposes in a timely manner, the deadline for receiving these comments is relatively short. Grantees and the public are therefore encouraged to submit their comments by December 20, 1996. Grantees and the public are hereby notified that any reduction of grantees' PY 1997 title IV-A allocations for TAT will not decrease the dollar amounts available from allocations for administrative costs. Questions. Questions should be addressed to Mr. Thomas Dowd at (202) 219- 8502 or to Greg Gross at (202) 219-7509.

Reference. DINAP Bulletin No. 96-06; Federal Travel Regulations at 41 CFR 301-304; and section 401 program regulations at 20 CFR 632.38(k). Information. The Federal Travel Regulations (effective January 1, 1997) are revised to: - Increase the standard CONUS maximum per diem rate from $66 to $80 (in areas not covered by a locality rate); - Remove the $26 M&IE rate; - Add an additional M&IE rate of $42 for certain localities; - Delete some previously designated per diem localities (because of the increase in the standard rate); and - Change the table used when making deductions for furnished meals. The Federal Travel Regulations (effective December 27, 1996) are revised to: - Pay travelers for three-fourths of the applicable M&IE rate for the first and last day of travel, regardless of the actual departure and arrival times; - Eliminate the payment of a per diem allowance of 12 hours or less when lodging is not required; - When travel is more that 12 hours but less than 24 hours and lodging is NOT required, establish the per diem at three-fourths of the applicable M&IE rate for the location; - When travel is more than 12 hours but less than 24 hours and lodging IS required, establish the allowable per diem as the actual cost of the lodging (not to exceed the lodging allowance for the location), plus three-fourths of the applicable M&IE rate for the location; - Allow a per diem reimbursement for house-hunting trips. - Questions. Contact your DINAP Federal Representative.

References. a. JTPA Regulations at 20 CFR Part 632 b. DINAP Bulletin No. 85-15, Administrative Cost limit c. DINAP Bulletin No. 88-20, Administrative Requirements for DOL Grantees d. DINAP Bulletin No. 92-26, Transition Guidance for the Implementation of the JTPA Amendments of 1992 e. DINAP Bulletin No. 94-3, Implementation of Office of Management and Budget (OMB) Circular A-110 (revised) f. DINAP Bulletin No. 95-11, Instructions and Reporting Requirements Background. a. PY 97 Allocation: The PY 1997 JTPA Title IV-A, section 401 appropriation is $52.5 million; Title II-B funding for the summer youth program is $15.8 million; $4.4 million more than last summer's funding level of $11.4 million. b. Hold Harmless Factor: For PY's 94-96, the Division of Indian and Native American Programs (DINAP) imposed a "hold harmless" factor to prevent drastic reductions due to the application of 1990 census figures in calculating the allocation formula. The Title IV-A and Title II-B allocation lists are attached to this bulletin (see Attachment No. 1-A and 2-A). The "hold harmless" factor was not used in calculating the formula allocation for PY 1997. For the first time grantees will receive their "actual" funding allocations since the 1990 census data were used in PY 1994. Plan Requirements. a. DUE DATE(S): SUMMER YOUTH PLAN (SYP) - Grantees receiving Title II-B Summer Youth funds must submit a SYP, postmarked no later than April 11, 1997. COMPREHENSIVE ANNUAL PLAN (CAP) - All section 401 grantees must submit a PY 1997 CAP, postmarked no later than May 9, 1997. SYPs and CAPs postmarked after the above stated due dates will be considered late. Grantees who submit their plans late may experience a delay in plan approval and subsequent availability of PY 97 funds (Notice of Obligation). b. Technical Assistance: Each year several grantees are confronted with truly "unique circumstances" which result in late CAP submissions, (e.g., new program director, first time to complete a CAP, etc.). If your program is facing a "unique circumstance" that may potentially cause your CAP to be submitted after the May 9th due date, you need to contact your Fed. Rep. immediately to request technical assistance. This assistance should enable you to meet the May 9th due date requirement. However, if you sought TA assistance, as advised above, and still need more time to complete your CAP, you should consider the following steps if you plan to attend the National Indian and Native American Employment & Training Conference (NINAETC) in Anaheim, California in May: Step 1. Keep in constant contact with your Fed. Rep. prior to the CAP due date to receive required TA to complete your CAP. Step 2. If you have taken step 1, and it still appears you are not going to complete and submit your CAP by May 9th, you may request a one-week extension from your Fed. Rep. by no later than April 18th. (No extensions will be considered if requested after April 18th.) Step 3. If a one-week extension is approved by your Fed. Rep., you must be prepared to bring all required CAP materials to the NINAETC to receive one-on-one TA. You must also be prepared to mail the completed CAP postmarked no later than May 16, 1997. c. Plan Format Options. As a part of DINAP's continuing partnership efforts and commitment to reduce administrative burden while increasing program results, we are providing grantees the option of submitting their CAPs and SYPs (if applicable) in the traditional paper document format (hard copy), or on a 3.5 floppy diskette. All of the required CAP and SYP planning instructions, forms and performance standards requirements have been formatted to create a computer software planning program called the "DINAP Planning Disk." The software program is easy to use; insures that all CAP and SYP requirements are completed; and detects common errors. Several grantees assisted with its development by "test driving" a demonstration version. Their suggestions were incorporated into the final version that will be issued to all grantees on March 3, 1997, via a DINAP Bulletin. Although the "DINAP Planning Disk" and instructions will not be available until March 3, grantees planning to use the disk format should start their planning process upon receipt of this bulletin. Grantees must send their plans either in the traditional paper format (hard copy) or on diskette, do not send both. d. CAP and SYP Narratives: All grantees are required to complete a CAP and (if applicable) SYP narrative(s) for PY 1997. e. Community Service Employment (CSE) Wage: The Fair Labor Standards Act was amended to increase the Federal Minimum Wage to $4.75 per hour beginning October 1, 1996 and $5.15 per hour beginning September 1, 1997. However, pursuant to Federal Regulations at 20 CFR 632.81(b)(1)["Maximum Wage rates for CSE"] "The wages (including those received from overtime work and leave taken during the period of employment) paid to any CSE participant from funds under the Act shall be limited to $10,000 per year (or the hourly, weekly or monthly rate which, if full time and annualized, would equal a rate of $10,000 a year)". When calculated, this regulation limits the maximum hourly rate for CSE participants to $4.81 per hour. The current regulation at 20 CFR 632.81 will contradict the amendments to the Federal Minimum Wage of $5.15 per hour beginning September 1,1997. Therefore, grantees are directed to comply with the current Federal Minimum Wage of $4.75 per hour and $5.15 per hour beginning September 1, 1997. In addition, "Approved rates above $10,000 are fixed at the CETA approved rate as of September 30, 1982, unless adjusted by the Secretary." The last adjustment of CSE area wage rates under CETA was transmitted to grantees via OINAP Bulletin No. 81-18, dated March 6, 1981. Areas approved for CSE maximum wage rates in excess of $10,000 were primarily major metropolitan areas, and Alaska and Hawaii. Copies of this bulletin are available from DINAP upon request. f. Required SYP and CAP Items: Grantees should reference the SYP/CAP checklist (see Attachment No. 6) to ensure that all required forms and documents are properly completed and included in the appropriate plan package. Additionally, all required forms and other attachments are labeled sequentially as SYP-1 thru SYP-4 and CAP 97-1 thru CAP 97-19. Any page labeled with an identifier (i.e., SYP or CAP 97) in the upper righthand corner must be submitted. g. Number of Copies to Submit: The original and two copies of the CAP must be submitted to DINAP with a completed and signed Grant Signature Sheet (CAP 97-1). Grantees that want a copy of the CAP with an original signature for their files must provide an original signature on each of the copies (29 CFR 97.10(b)(2)). Grantees are advised to keep a copy of all submitted plans. Information. a. Regulations: Section 401 grantees will continue to use and comply with the existing regulations at 20 CFR Part 632, and the mandatory provisions in the 1992 amendments to JTPA referenced in DINAP Bulletin No. 92-26. b. General Waiver Provision: A request can be made for a waiver to any regulatory or program requirement not contained in the JTPA Act (20 CFR 632.70 Waiver of Regulations Under Parts 632 and 636). DINAP Bulletin 95-29 provides specific instructions on how to request waivers to the regulations and other program requirements. Note: Grantees may submit a waiver request and CAP documents at the same time; however, the request must be separate from the CAP documents and not included in the CAP narrative. This is to ensure that any delay in approving a waiver request does not delay approving a CAP. Although it is preferable to have an approved waiver effective the beginning of a program year, grantees may submit a request for a waiver at any time during the program year. c. Requests for Acquisition of Real Property and Equipment: Grant Officer approval is required prior to the acquisition of all real property, including equipment, which has a useful life of more than one year and an acquisition cost of $5,000 or more per unit pursuant to OMB Circulars A-102 [29 CFR 97.32] and A-110 [20 CFR 95.2(n)]. The actual request must be submitted separately from the CAP/SYP even if the grantee indicates their intention to purchase equipment in the CAP and/or SYP documents. This is to ensure that any delay in approving real property or equipment purchase request does not delay the CAP approval process. d. "477" Grantees: The eighteen Section 401 grantees with approved 477 plans are not required to submit a PY 97 CAP. Of the eighteen that have included the Summer Youth Program in their approved plan, they do not have to submit a SYP for CY 97. PY 97 funds will be transferred to the Bureau of Indian Affairs. Action. If applicable, grantees must submit their Title II-B Summer Youth plans, postmarked no later than April 11, 1997. All grantees must submit their CAPs, postmarked no later than May 9, 1997 to the following address: U.S. Department of Labor ETA/Room N-4641 Division of Indian and Native American Programs 200 Constitution Ave., N.W. Washington, D.C. 20210 ATTN: MIS DESK Note: Plans should be sent only to the address listed above. Only a United States Postal postmark or Express Mail service tracking label with pertinent delivery information are acceptable (i.e., Federal Express, Airborne Express, etc.) Privately owned or leased metered mail postmarks are NOT acceptable (i.e., Pitney Bowes meter machine, etc.). Inquiries. Questions should be directed to your Federal Representative Team (202) 219-5504.

Reference. Section 6(a)(1) of the Fair Labor Standards Act of 1938, as amended. Section 6 of the Fair Labor Standards Amendments of 1996. Job Training Partnership Act, as amended, Section 142(a)(2) and (3). DINAP Bulletin No. 90-28. Background. The amendments to the Fair Labor Standards Act (FLSA) became effective October 1, 1996. Guidance The FLSA amendments must be viewed in terms of the legal requirements of the Job Training Partnership Act (JTPA). A. The new "Opportunity Wage" does not apply to the JTPA. Based on the JTPA statutory requirements at section 142(a)(2) and (3), there is no current authority to allow the use of the new "Opportunity Wage" in the JTPA program. Therefore, JTPA grantees may not pay a sub-minimum wage. This will be the case for all JTPA programs including the Summer Youth programs under title II- B. B. The "Minimum Wage Increase" provision under the amendments to FLSA, does apply to participants enrolled in programs operated under the JTPA. Effective on October 1, 1996, the amendments required that not less than $4.75 an hour must be paid for employment under the JTPA and not less than $5.15 an hour beginning September 1, 1997. Action. Grantees are to implement the new Federal minimum wage when and as applicable. If a State-imposed minimum wage is applicable, and is higher than the Federal minimum wage, then the higher (State) standard applies. Questions. Contact your DINAP Federal Representative.

Reference. DINAP Bulletin Number 96-13, Attachments Nos. 1-A and 2-A. Background. The recently-completed section 401 designations for PYs 1997-98 have necessitated changes to the previously-issued title IV-A and title II-B planning levels. Action. Grantees should review the attached allocation levels in light of their recently-received designation letters. Any apparent discrepancies should be reported immediately to the appropriate Fed. Rep. Team or to Greg Gross at (202) 219-8502, extension 141. Inquiries. Contact your DINAP Federal Representative Team on (202) 219-8502.

2. References. - JTPA section 401 regulations at 20 CFR 632.43. - JTPA titles II and III regulations at 20 CFR 627.410. - JTPA (Public Law 102-367) section 161(b)(1). - DINAP Bulletins Nos. 95-03, 95-12 and 96-05. Background. Prior to the beginning of PY 1996, DINAP informed grantees in DINAP Bulletins 95-03 and 95-12 that all carryover limits previously imposed since 1991 were suspended. Grantees were further informed in bulletin 95-12 that grantees exceeding the former limit [20% of total available funds] would be required to explain why. Failure to provide an acceptable reason for exceeding the former limit would result in the former limit(s) being reimposed on a case-by-case basis. DINAP suspended the former carry-in policy for the following reasons: a. anticipated loss of JTPA title II-B (Summer Youth) funding for 1995; b. significant reductions in appropriations for title IV-A in Program Years 1995 and 1996 (18% in the past two program years); c. impact resulting from the use of 1990 Census data; and, d. facilitate closeout of the 99-1 grants. In addition, DINAP issued Bulletin No. 96-05 on July 19, 1996 to encourage grantees to adjust their Program Year (PY) 1996 spending plans to reflect the total amount of available funds (carry-in plus PY 96 allocation). These actions were taken by DINAP to make available the maximum amount of program funds in recognition of the fact that the PY 96 title IV-A appropriation was at the historically lowest level since the enactment of JTPA. Despite these actions, a small percentage of grantees have maintained excessive levels of unexpended grant funds available to them in their PMS subaccounts. Furthermore, recent experience with processing carry-in modifications and a review of grantee expenditure rates in general, has revealed that a small number of grantees expenditure rates may potentially result in carryover funds far in excess of the former 20 percent carryover limit. Excessive carry over for these few grantees have reached the level(s) which prompted the imposition of carryover limits ten years ago. Policy. To remedy this situation, pursuant to the regulations at 20 CFR 632.43 and the Act at section 161(b)(1), the Department hereby notifies all JTPA section 401 grantees of its Reallocation Policy. The section 401 reallocation policy will recapture excess carryover (more than 20%) from IV-A grants' and reallocate this excess carryover to grantees that have not exceeded this former limit. Recaptured funds will only be reallocated to section 401 grantees that receive title(s) IV-A and/or II-B grant funds. Policy Implementation. The policy will be implemented for PY 97 and involve the following two-step process: STEP 1 - (a) the Notice of Obligation (NOO) for title IV-A issued annually on or about July 1 will provide 75% of the grantee's total formula allotment for that program year; (b) upon receipt of the required financial portion of the PY 96 Annual Status Report (ASR) which is due within 90 days after the end of the Program Year (certified as accurate AND FINAL by an appropriate grantee official), the Department will compare reported expenditure levels to total funds available for the report period; (c) a grantee's unexpended resources in excess of twenty percent (20%) of total available funds will be recaptured from the current Program Year's (PY 97) allocation and will be subject to reallocation. STEP 2 - (a) A second NOO will provide the remainder of the program year's formula allotment for each grantee reduced to reflect funds withheld as excess carryover amounts as identified by the process above, (No prior allocations will be affected by this reallocation process); (b) these "recaptured" amounts will then be added to the NOOs of ALL grantees which did not have excess carry-in, in accordance with the funding formula found at 20 CFR 632.171. Information. The Department will issue notices to those grantees which our analysis indicates are in danger of losing PY 1997 funds as a result of under-expenditure of PY 1996 title IV-A resources. Action. All grantees should immediately assess their rates of expenditure for PY 1996 JTPA title IV-A funds, if they have not recently done so. Grantees should make sure that their current Budget Information Summary (BIS) submitted to the Department accurately reflects the total available funds for PY 1996, including amounts carried forward from the previous grant period. Grantees who receive JTPA title II-B funds should also review expenditure rates for the summer youth program, to ensure that all available resources are being fully utilized to benefit the target population. Effective date. Date of this bulletin. Inquiries. Questions should be addressed to your Federal Representative team or to Greg Gross on (202) 219-7509.

Reference. Job Training Reform Amendments of 1992. Background. As required by the Job Training Reform Amendments of 1992, the Native American Employment and Training Council was established by charter, effective July 1, 1993. The charter provides for not fewer than seventeen members appointed for two years. The following nine memberships will expire as of June 30, 1997: Region III Region IV Mr. G. Warren Cook Mr. Elkton Richardson Executive Director JTPA Director Mattaponi, Pamunkey, North Carolina Commission Monacan Consortium On Indian Affairs Region VI Region VII Mr. Frank E. Siow Ms. Christine Molle JTPA Director Executive Director Pueblo of Laguna American Indian Council Region VIII Region IX Ms. Bernadine Wallace Mr. Harold Wauneka JTPA Director JTPA DirectorMontana United Indian Navajo Nation Association Region X Oklahoma Ms. Carol Peloza Mr. Bob Giago JTPA Director Executive Director Seattle Indian Center United Urban Indian Council Other Discipline Dr. Rose-Alma McDonald Native American Consultant Hogansburg, New York Grantees may renominate these individuals for these memberships, or may submit the names of new individuals. Consistent with the terms of the charter, all nominees must be Indian or Alaskan Native or Hawaiian Native individuals. Only grantees in Regions III, IV, VI, VII, VIII, IX, X, and Oklahoma may submit nominations for the membership vacancies in those areas. The Department of Labor (the Department) will accept nominations for "other discipline" vacancies from all Section 401 grantees. Indian tribes or Indian, Alaskan Native or Hawaiian Native organizations that do not operate Section 401 grants may also submit nominations. Self-nominations will be considered. In submitting nominations, grantees should consider the willingness of the nominee to attend and participate actively in Council meetings, seek grantee input on critical issues, and provide feedback. Communication between the Council member and his/her constituency is critical to the partnership between the Department and the Indian and Native American community. Action. If you would like to suggest nominees for the Council, please submit the names of these individuals to the following address: Thomas Dowd Chief Division of Indian and Native American Programs U.S. Department of Labor 200 Constitution Avenue, N.W. Room N-4641 Washington, D.C. 20210 ATTN: Council Desk We would appreciate having the nominations postmarked no later than April 25, 1997. Questions. Contact Thomas Dowd, Chief, Division of Indian and Native American Programs on (202) 219-8502, extension 119. In his absence, call Mr. Greg Gross at (202) 219-7509, extension 141.

Reference. DINAP Bulletin No. 96-16. Background. The revised title II-B planning figures attached to DINAP Bulletin No. 96-16 incorrectly calculated allowable amounts for administrative costs at 20% of the total allocation instead of the 15% mandated by law. Action. Grantees should replace the title II-B allocation attachment transmitted with DINAP Bulletin No. 96-16 with the attachment to this bulletin. Any apparent discrepancies should be reported immediately to the appropriate Fed. Rep. Team or to Greg Gross at (202) 219-8502, extension 141. Inquiries. Contact your DINAP Federal Representative Team at (202) 219- 8502.

References. 20 CFR 632.4; DINAP Bulletins Nos. 94-2 and 95-26. Background. The Department of Health and Human Services (DHHS) published revised poverty income guidelines in the Federal Register on March 10, 1997. The Job Training Partnership Act (JTPA) regulations at 20 CFR 632.4 provide for the use of DHHS poverty guidelines in determining economically disadvantaged persons and program eligibility. However, DHHS has definitions of "income" and "family" which are not applicable to the JTPA program. JTPA definitions can be found at 20 CFR 632.4. Action. The revised guidelines are effective from the date of this bulletin. Questions. Contact your DINAP Federal Representative at (202) 219-5511.