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Sec.

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

410.10 What types of projects may be funded?

Subpart C-How Does One Apply for a Grant? 410.20 How are applications submitted?

Subpart D-How Does the Secretary Make a Grant?

410.30 How does the Secretary evaluate an application?

410.31 What selection criteria does the Secretary use?

410.32 What are additional factors for de clining an award?

410.33 Is the Secretary's decision not to make an award under the Indian Program subject to a hearing?

AUTHORITY: Sec. 103 of the Carl D. Perkins Vocational Education Act, 20 U.S.C. 2313, as enacted by Pub. L. 98-524, unless otherwise noted.

SOURCE: 50 FR 33256, Aug. 16, 1985, unless otherwise noted.

Subpart A-General

§ 410.1 What is the Indian and Hawaiian Natives Program?

(a) The Indian and Hawaiian Natives Program provides financial assistance to Indian tribes and to organizations primarily serving and representing Hawaiian natives to plan, conduct, and administer projects, or portions of projects, that are authorized by and consistent with the Carl D. Perkins Vocational Education Act.

(b) The Secretary is also authorized to use remaining funds under this program to enter into an agreement with the Assistant Secretary of the Interior for Indian Affairs for the operation of vocational education programs authorized by the Act in institutions serving Indians eligible to receive educational benefits as Indians from the Bureau of Indian Affairs. The Secretary of the Interior is authorized to receive funds for this purpose.

(Sec. 103(b)(1), (c); 20 U.S.C. 2313(b)(1),(c))

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§ 410.2 Who is eligible to apply for assistance under this program?

(a) The following are eligible for grants, contracts, or cooperative agreements under this program:

(1) The tribal organization of any Indian tribe which is eligible to contract with the Secretary of the Interior under the Indian Self-Determination and Education Assistance Act or under the Act of April 16, 1934.

(2) Any organization primarily serving and representing Hawaiian natives which is recognized by the Governor of Hawaii.

(b) Grants, contracts, or cooperative agreements under paragraph (a)(1) of this section are subject to

(1) Section 102 of the Indian SelfDetermination and Education Assistance Act; and

(2) The relevant provisions of sections 4, 5, and 6 of the Act of April 16, 1934.

(Authority: Sec. 103(b)(1),(c); 20 U.S.C. 2313(b)(1),(c); 25 U.S.C. 450f, 455-457)

§ 410.3 What regulations apply to this program?

The following regulations apply to the Indian and Hawaiian Natives Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 103; 20 U.S.C. 2313)

8410.4 What definitions apply to this program?

The following definitions apply to the Indian and Hawaiian Natives Program:

(a) The definitions in 34 CFR 400.4. (b) The following additional definitions:

Act of April 16, 1934 means the Act entitled "An Act authorizing the Secretary of the Interior to arrange with States or territories for the education, medical attention, relief of distress, and social welfare of Indians and other purposes."

(Authority: Sec. 103(a)(1)(A); 48 Stat. 596; 25 U.S.C. 452-457)

Hawaiian native means any individual any of whose ancestors were na

tives, prior to 1778, of the area which now comprises the State of Hawaii. (Authority: Sec. 103(a)(1)(B); 20 U.S.C. 2313(a)(1)(B))

Indian tribe means any Indian tribe, band, nation, or other organized group or community, including any Alaskan native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act, which is recognized as eligible for special programs and services provided by the United States to Indians because of their status as Indi

ans.

(Authority: 25 U.S.C. 450b)

Tribal organization means the recognized governing body of any Indian tribe or any legally established organization of Indians which is controlled, sanctioned, or chartered by that governing body or which is democratically elected by the adult members of the Indian community to be served by the organization, which includes the maximum participation of Indians in all phases of its activities.

(Authority: 25 U.S.C. 450b)

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

§ 410.10 What types of projects may be funded?

(a) The Secretary provides assistance through grants, contracts, or cooperative agreements to plan, conduct, and administer projects or portions of projects which are authorized by and consistent with the Carl D. Perkins Vocational Education Act.

(b) Projects for Indians funded under this program are in addition to other programs, services, and activities made available to eligible Indians under other provisions of the Act.

(Authority: Sec. 103(b)(1), (b)(3), (c); 20 U.S.C. 2313(b)(1), (b)(3), (c))

Subpart C-How Does One Apply for a Grant?

§ 410.20 How are applications submitted? An application from a tribal organization must be submitted to the Secretary by the Indian tribe. An application for a project to serve more than one Indian tribe must be approved by each tribe to be served.

(Approved by the Office of Management and Budget under control number 18300013)

(Authority: Sec. 103; 20 U.S.C. 2313, 25 U.S.C. 450b)

Subpart D-How Does the Secretary Make a Grant?

§ 410.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 410.31.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 410.31.

(c) Subject to paragraph (d) of this section, the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

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(d) For each competition, as nounced in a notice published in the FEDERAL REGISTER, the Secretary may assign the reserved 15 points among the criteria in § 410.31.

(Authority: Sec. 103; 20 U.S.C. 2313)

§ 410.31 What selection criteria does the Secretary use?

The Secretary uses the following selection criteria in evaluating each application:

(a) Need. (15 points)

(1) The Secretary reviews each application for information that shows the need for the proposed project.

(2) The Secretary looks for information that shows

(i) Specific evidence of the need for the proposed activity;

(ii) Information which shows how the need will be met; and

(iii) Ongoing and planned activities in the community which pertain to the need, where appropriate.

(b) Plan of operation. (20 points)

(1) The Secretary reviews each application for information that shows the quality of the plan of operation for the project.

(2) The Secretary looks for information that shows

(i) High quality in the design of the project;

(ii) An effective plan of management that ensures proper and efficient administration of the project;

(iii) A clear description of how the objectives of the project relate to the purpose of the program; and

(iv) The way the applicant plans to use its resources and personnel to achieve each objective.

(c) Quality of key personnel. (10 points)

(1) The Secretary reviews each application for information that shows the qualifications of the key personnel the applicant plans to use on the project.

(2) The Secretary looks for information that shows

(i) The qualifications of the project director (if one is to be used);

(ii) The qualifications of each of the other key personnel to be used in the project; and

(iii) The time that each person referred to in paragraphs (c)(2)(i) and (ii) of this section will commit to the project.

(3) To determine personnel qualifications, the Secretary considers experience and training, in fields related to the objectives of the project, as well as other information that the applicant provides.

(d) Budget and cost effectiveness. (10 points)

(1) The Secretary reviews each application for information that shows that the project has an adequate budget and is cost effective.

(2) The Secretary looks for information that shows

(i) The budget for the project is adequate to support the project activities; and

(ii) Costs are reasonable in relation to the objectives of the project.

(e) Evaluation plan. (5 points)

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§ 410.32 What are additional factors for declining an award?

The Secretary may use any of the following additional factors in making a decision whether to award a grant or cooperative agreement to an applicant: (a) The project duplicates an effort already being made.

(b) Funding the project would create an inequitable distribution among Indian tribes or among organizations serving or representing Native Hawaiians.

(c) The applicant has not performed satisfactorily under a previous Department of Education award.

(Authority: Sec. 103; 20 U.S.C. 2313)

§ 410.33 Is the Secretary's decision not to make an award under the Indian Program subject to a hearing?

After receiving notice that the Secretary will not award a grant or cooperative agreement to an eligible applicant under § 410.2(a)(1), the Indian tribal organization has 30 calendar days to request, in writing, a hearing to review the Secretary's decision. (Authority: Sec. 103; 20 U.S.C. 2313, 25 U.S.C. 450f)

PART 411-DEMONSTRATION CENTERS FOR THE RETRAINING OF DISLOCATED WORKERS

Subpart A-General

Sec.

411.1 What is the Demonstration Centers for the Retraining of Dislocated Workers Program?

411.2 Who is eligible to apply for assistance under this program? 411.3 What regulations apply to this program?

411.4 What definitions apply to this program?

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program? 411.10 What types of projects may be funded?

Sec.

Subpart C-[Reserved]

Subpart D-How Does the Secretary Make a Grant?

411.30 How does the Secretary evaluate an application?

411.31 What selection criteria does the Secretary use?

411.32 How does the Secretary select an application for funding?

AUTHORITY: Sec. 415 of the Carl D. Perkins Vocational Education Act, 20 U.S.C. 2415, as enacted by Pub. L. 98-524, unless otherwise noted.

SOURCE 50 FR 33258, Aug. 16, 1985, unless otherwise noted.

Subpart A-General

§ 411.1 What is the Demonstration Centers for the Retraining of Dislocated Workers Program?

(a) The Demonstration Centers for Retraining Dislocated Workers Program provides financial assistance to establish one or more demonstration centers.

(b) These centers retrain dislocated workers in order to demonstrate the application of general theories of vocational education to the specific problems of retraining displaced workers. (Authority: Sec. 415; 20 U.S.C. 2415)

§ 411.2 Who is eligible to apply for assistance under this program?

Any public or private agency, institution, or organization is eligible to apply for a grant, contract, or cooperative agreement under this program. (Authority: Sec. 415; 20 U.S.C. 2415)

§ 411.3 What regulations apply to this program?

The following regulations apply to the Demonstration Centers for the Retraining of Dislocated Workers Program:

(a) The regulations in 34 CFR Part 400.

(b) The regulations in this part. (Authority: Sec. 415; 20 U.S.C. 2415)

§ 411.4 What definitions apply to this program?

The definitions in 34 CFR 400.4 apply to this program.

(Authority: Sec. 415; 20 U.S.C. 2415)

Subpart B-What Kinds of Activities Does the Secretary Assist Under This Program?

411.10 What types of projects may be funded?

(a) The Secretary provides assistance through grants, contracts, or cooperative agreements to establish one or more demonstration centers for the purposes described in § 411.1.

(b) Each demonstration center assisted under this program may— (1) Provide retraining programs and counseling services;

(2) Seek additional resources; (3) Disseminate information;

(4) Coordinate its activities with various other entities providing related services and activities; and

(5) Assist in the establishment of additional centers.

(Authority: Sec. 415; 20 U.S.C. 2415; House Report No. 98-1129, 98th Cong., 2d Sess. p. 87 (1984))

Subpart C-[Reserved]

Subpart D-How Does the Secretary Make a Grant?

§ 411.30 How does the Secretary evaluate an application?

(a) The Secretary evaluates an application for a grant or cooperative agreement on the basis of the criteria in § 411.31.

(b) The Secretary may award up to 100 points, including a reserved 15 points to be distributed in accordance with paragraph (d) of this section, based on the criteria in § 411.31.

(c) Subject to paragraph (d) of this section the maximum possible points for each criterion is indicated in parentheses after the heading for each criterion.

(d) For each competition, as announced through a notice published in the FEDERAL REGISTER, the Secretary

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