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Federal Register / Vol. 86, No. 232 / Tuesday, December 7, 2021 / Proposed Rules Treasury and General Government Appropriations Act of 1999
Section 654 of the Treasury and General Government Appropriations Act of 1999 requires Federal agencies to determine whether a proposed policy or regulation may affect family well-being.
If the agencys determination is affirmative, then the agency must prepare an impact assessment addressing criteria specified in the law.
This regulation will not have an impact on family well-being as defined in this legislation, which asks agencies to assess policies with respect to whether the policy strengthens or erodes family stability and the authority and rights of parents in the education, nurturing, and supervision of their children; helps the family perform its functions; and increases or decreases disposable income.
Unfunded Mandates Reform Act of 1995
Section 202 of the Unfunded Mandates Reform Act of 1995 requires that a covered agency prepare a budgetary impact statement before promulgating a rule that includes any Federal mandate that may result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of $141 million or more in any one year. The Department has determined that this proposed rule would not impose a mandate that will result in the expenditure by state, local, and tribal governments, in the aggregate, or by the private sector, of more than $100 million in any one year.
Federalism Assessment Executive Order 13132
Executive Order 13132 on federalism applies to policies that have federalism implications, defined as regulations, legislative comments or proposed legislation, and other policy statements or actions that have substantial direct effects on the states, or on the distributions of power and responsibilities among the various levels of government. This rulemaking does not have federalism implications for state or local governments as defined in the Executive order.

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Congressional Review This regulation is not a major rule as defined in 5 U.S.C. 8.

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Executive Orders 12866 and 13563
Regulatory Impact Analysis Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if the regulation is necessary, to select the regulatory approaches that maximize net benefits including potential economic, environmental, public health, and safety effects; distributive impacts; and equity. Executive Order 13563
emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. While there are some costs associated with these regulations, they are not economically significant as defined under Executive Order 12866. However, the regulation is significant and has been reviewed by Office of Management and Budget.
The proposed regulation change would benefit recipients that have been financially impacted by an emergency event and are unable to meet their matching cost requirement, as required by the grant award. It would reduce the financial burden to recipients that need a waiver to provide the 20 percent cost share. Also, there is no cost to the agency other than the administrative time that it would take to review and approve the waiver request.
List of Subjects in 45 CFR Part 1336
Disaster assistance, Emergency preparedness, Public health.
JooYeun Chang, Acting Assistant Secretary for Children and Families.
Approved:
Xavier Becerra, Secretary.

For reasons stated in the preamble, we propose to amend 45 CFR part 1336 as follows:
PART 1336NATIVE AMERICAN
PROGRAMS
1. The authority citation for part 1336
continues to read as follows:

Authority: 42 U.S.C. 2991 et seq.

2. Amend 1336.50 by revising paragraphs b2 and b3ii to read as follows:

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b
2 Application. If an applicant wishes to request a waiver of the requirement for a 20 percent non-Federal matching share, the follow conditions must be met:
i If an applicant anticipates that it will be temporarily unable to meet the cost-sharing or matching requirement, the applicant may request a waiver of the 20 percent non-Federal matching share. It must include with its application for 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 paragraph b3 of this section. A
request for a waiver must be submitted at the time of the initial application or non-competing continuation NCC
application.
ii 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 paragraph b1 of this section. Any requests for an emergency waiver may be submitted at any time during a budget period as soon as the adverse effect is known to the recipient and must be submitted in accordance with the requirements specified in paragraph b3 of this section.
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ii Applicant should document the reasonable efforts to obtain cash or inkind 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.

1336.50 Financial and administrative requirements.

FR Doc. 202125906 Filed 12621; 8:45 am

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