Document zox0xY1K2XN6Bzj8M6R98r5JB

Federal Register / .Vol. 51, No. 119 / Friday, June 20, 1986 / Notices 22579 'e (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: GLEASON-000844