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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules
Federal eRulemaking Portal:
https www.regulations.gov. Follow the instructions below for submitting comments.
Instructions: All submissions received must include the agency name and docket number or RIN for this rulemaking. All comments received will be posted without change to https
www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT:
Carmelia Strickland, Administration for Native Americans, 2024016741. Deaf and hearing-impaired individuals may call the Federal Dual Party Relay Service at 18008778339 between 8
a.m. and 7 p.m. Eastern Time.
SUPPLEMENTARY INFORMATION:
Table of Contents I. Background II. Statutory Authority III. Section by Section Discussion of the Proposed Rule IV. Regulatory Process Matters Paperwork Reduction Act of 1995
Regulatory Flexibility Act Treasury and General Government Appropriations Act of 1999
Unfunded Mandates Reform Act of 1995
Federalism Assessment Executive Order 13132
Congressional Review Executive Orders 12866 and 13563
Regulatory Impact Analysis
II. Statutory Authority Pursuant to 42 U.S.C. 2991b of the NAPA, ANA is authorized to allow applicants the ability to submit a request for a waiver of the required 20
percent non-Federal cost match, subject to ANA regulations.1

I. Background
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Native American Programs Act of 1974
The Native American Programs Act of 1974 NAPA, Public Law 93644, was first enacted on January 4, 1975. The last time substantial amendments to the NAPA regulations were made was 1996.
Section 802 of the NAPA establishes as its broad statutory purpose the promotion of the goal of economic and social self-sufficiency for American Indians, Native Hawaiians, other Native American Pacific Islanders including American Samoan Natives, and Alaska Natives. ANA executes this purpose through the provision of project-based financial assistance to Native Americans authorized under sections 803 and 803C
of the NAPA, as well as through advocacy on behalf of Native Americans within HHS and with other departments and agencies of the Federal Government regarding all Federal policies affecting Native Americans, under section 803B
c of the NAPA.
Goal of This NPRM: Incorporation of Emergency Waiver Provision Current regulations 45 CFR 1336.50
state that grant recipients can only apply for a waiver for NFS at the time of application or while applying for a
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non-competitive continuation award.
The on-going public health emergency has greatly impacted our recipients. The pandemic has greatly increased the risk of language and cultural decline among Native communities with many Elders dying from the COVID19 virus. As tribes began closing their revenue generating businesses and other governmental operations due to the COVID19 pandemic, they lost income they needed to fund Federal projects requiring a NFS. In addition, planned sources of income, such as use of tribalowned facilities from which to operate the project, as part of the NFS also diminished. NAPA requires a 20 percent cost-share and match requirement.
ANAs current cost-share waiver does not allow for a process to address a recipients inability to meet the costshare due to an emergency in the middle of a budget period. The proposed revisions to the regulations 45 CFR 1336.50b2ii add a provision allowing grant recipients to apply for an emergency waiver within the current budget period in order to remedy this burden.

III. Section by Section Discussion of the Proposed Rule This NPRM proposes changes to 45
CFR part 1336, subpart E, Financial Assistance Provisions, in 1336.50.
These changes will have no regulatory burden impact but will provide a waiver provision and ensure programmatic success of American Indian, Native Hawaiian, other Native American Pacific Islander including American Samoan Natives, and Alaska Native based recipients.
Section 1336.50 Financial and Administrative Requirements This section includes the conditions that must be met in order to submit a 20 percent, non-Federal, cost-sharing or match requirement. The proposed rule would amend the existing language and application requirements under 1336.50b2. Specifically, we propose in 1336.50b2i that if an applicant anticipates that they will be unable to meet the cost-sharing or matching requirement and wishes to request a waiver of the requirement, they must include with the application for 1 Native
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American Programs Act, 42 U.S.C. 2991b
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funding, the submission of a revised SF
424A, a written justification that clearly explains why the applicant cannot provide the matching share including the amount of non-Federal share to be waived, and how it meets the criteria indicated in the revised 1336.50b3ii. The request for a waiver must be submitted at the time of the initial application or NonCompeting Continuation NCC
application.
Further, the proposed rule adds a provision for an emergency waiver in 1336.50b2ii to include the ability to request a waiver during the budget period. If a recipient is unable to contribute part or all of the required non-Federal matching share during a budget period due to an emergency situation such as a natural disaster, man-made disaster, act of terrorism, public health emergency, or other qualifying event, the recipient may request a waiver of all or part of the requirement for a 20 percent nonFederal matching share specified under 1336.50b1.
Finally, this proposed rule amends the language in 1336.50b3ii. We propose that an applicant should provide evidence of the emergency situation and document that reasonable efforts to obtain cash or in-kind contributions for the purposes of the project from third parties have been unsuccessful, including evidence and the results of such attempts. Evidence of such efforts can include letters from possible sources of funding or any relevant correspondence, indicating that the requested resources are not available for that project. The requests must be appropriate to the source in terms of project purpose, applicant eligibility, and reasonableness of the request.
IV. Regulatory Process Matters Paperwork Reduction Act of 1995
Section 1336.50b does not contain new information collection requirements. This action does not include any information collection requirements, only an additional circumstance that would allow for the submission of the information already outlined in the regulation.
Regulatory Flexibility Act The Secretary certifies, under 5 U.S.C.
605b, and enacted by the Regulatory Flexibility Act Pub. L. 96, 354, that this proposed rule will not result in a significant impact on a substantial number of small entities.

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