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Federal Register / .Vol. 51, No. 119 / Friday, June 20, 1986 / Notices
22579
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(1) All applicants Tor designation must training services within an established
comply with the requirements found at service area. Such preference will be
20 CFR Part 632 regardless of their
identified through input from the Chief
apparent standing in the preferential
of DOL's Division of Indian and Native
hierarchy. The basic eligibility,
American Programs (DINAP) and the
application and designation
Director of DOL's Office of Special
requirements are found in Subpart B of Targeted Programs (OSTP) and through
those regulations.
the use of the rating system described in
(2) The nature of this program is such this notice. Unless a non-incumbent
that Indians and Native Americans in an applicant in the same preferential
area are entitled to the program and that hierarchy as an incumbent applicant
they are best served either by a
grantee can demonstrate that it is
responsible organization directly
significantly superior overall to the
representing them or by one of their own incumbent, the incumbent will be
choosing. )TPA and the governing
designated, if it otherwise meets all of
regulations give clear preference to
the requirements for redesignation.
Native American-controlled organizations. That preference is the
II. Advance Notice of Intent
basis for the steps which will be
The purpose of the Advance Notice.of
followed in designating grantees.
Intent process is to provide section 401
(3) A State or federally recognized
applicants, prior to the submission of a
tribe, band, or group on its reservation is final Notice, with information relative to
given absolute preference over any
potential competition^ While DOL
other organization so long as it has the encourages the resolution of competitive
capability to administer the program
requests prior to final submission, the
and meets all regulatory requirements. Advance Notice of Intent process also
'This preference applies only to the
serves to alert those whose differences
area within the reservation boundaries. cannot be resolved of the need to submit
A reservation organization which may a complete final Notice of Intent.
have its service area given to another
Although the Advance Notice of
qualified organization for reasons
Intent process is not mandated by the
specified in the regulations will be given regulations, participation in the advance
an opportunity in the future to
process by prospective section 401
reestablish itself as the designated
applicants is strongly recommended.
grantee.should it so desire.
The Advance Notice of Intent process
In the event that such a tribe, band, or allows the applicant to identify potential
group (including an Alaskan Native
competitors, to resolve conflicts if
entity) is not designated to serve such
possible, and to prepare a final Notice of
groups, the DOL will consult with the
Intent with advance knowledge of
governing body of such entities as '
potential competing requests.
provided at.20 CFR 632.10(e). Such
It should be emphasized, however,
consultation may be accomplished in
that the Advance Notice of Intent
writing, in person or by telephone, as
process does not ensure that all
time and circumstances permit.
potential competitors have been
(4) In designating Native American
identified. Some applicants may opt not
grantees for off-reservation areas, the
to submit an Advance Notice of Intent;
DOL will provide preference to Indian others may change service area requests
and Native American-controlled
in the final submission, despite
organizations as described in 20 CFR
instructions in Part III., NOTICE OF
632.10(f) and as further clarified in this INTENT, below. Therefore, as noted
notice.
above, final submission should be
(5) Special employment and training prepared with this possibility in mind.
services for Indian and Native American By October 1 of the year preceding a
people have been provided through an designation year, all organizations
established service delivery network for interested in being designated as section
the past twelve years under the
401 grantees should submit an original
authority of JTPA section 401 and
and two copies of an Advance Notice of
section 302 of the expired
IntenL An organization may submit only
Comprehensive Employment and
one Advance Notice of Intent for any
Training Act (CETA). The DOL intends and all areas for which it wants to be
to exercise its designation authority in a considered. Advance Notices are to be
way that will preserve the continuity of sent to the following address; Mr.
such services and will prevent the undue Herbert Fellman, Chief, Division of
fragmentation of existing service areas. Indian and Native American Programs.
Consistent with present regulations and 601 D Street NW.--Room 6102,
other provisions of this notice, this will Washington, DC 20213, Attention;
include preference for those Native
ANOI/NOI Desk.
American organizations with an existing The Standard Form (SF) 424 will no
capability to deliver employment and
longer be used for the Advance Notice
of Intent process. DOL has designed a
new Advance Notice of Intent form which is formatted to capture more precise geographic service area requests and other designation information. This new format will allow DOL to expedite the identification of potentially competitive applicants.
Copies of the new Advance Notice of Intent form, with complete instructions, will be mailed to all current grantees on or about August 15. Incumbents will also receive a copy of their present service area at this time. New applicants may request copies of the Advance Notice or Intent form by writing to; Mr. Herbert Fellman, Chief, Division of Indian and Native American Programs, 601 D Street NW.--Room 6102, Washington, DC 20213.
The first step in the designation process is to determine which areas have more than one potential applicant for designation. For those areas for which more than one organization submits an Advance Notice of Intent, each such organization will be notified of the situation and will be apprised of the identity of the other organization(s) applying for that area. At this time, it is planned that such notification will consist of providing affected applicants with copies of all Advance Notices of Intent submitted for their arens. The. notification will occur on or about November 15. The notification will state that organizations are encouraged to work out any jurisdictional disputes among themselves and to submit a final Notice of Intent by the required postmarked January 1 deadline or . . withdraw their Advance Notice.
For areas other than reservations, it is DOL policy that, to the extent possible, service areas and the organizations operating in those areas be determined by the community to be served by the program. In the event the Native American community cannot resolve differences, the notification will inform parties that they should take special care with their final Notices of Intent to ensure they are complete and fully responsive to all matters covered by the preferential hierarchy and rating systems discussed in this notice..
Information provided in the Advance Notice of Intent process will not be considered as a final submission as referenced at 20 CFR Part 632.11.
III. Notice of Intent
All applicants will submit an original and 2 copies of a final Notice of Intent, postmarked no later than January 1, 1987, consistent with the regulations at 20 CFR 632.11. Final Notices of Intent . are to be.sent to the following address:
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