NEW-ACF-PI-2007-04 (Plan requirements for Native Employment Works (NEW) Grantees That Include Their NEW Programs in Public Law 102-477 Projects)
TO: INDIAN TRIBES, ALASKA NATIVE ORGANIZATIONS, AND TRIBAL CONSORTIA THAT INCLUDE THEIR NATIVE EMPLOYMENT WORKS (NEW) PROGRAMS IN PROJECTS UNDER PUBLIC LAW 102-477
SUBJECT: Plan requirements for Native Employment Works (NEW) grantees that include their NEW programs in Public Law 102-477 projects
REFERENCES: Sections 404(e) and 412(a)(2) of the Social Security Act, as amended; 45 CFR Part 287 (the NEW program regulations); Public Law 102-477
PURPOSE: To provide guidance on plan requirements for grantees that include their NEW programs in projects under Public Law 102-477, the Indian Employment, Training and Related Services Demonstration Act of 1992.
BACKGROUND: The Native Employment Works (NEW) program was created by amendments made to title IV-A of the Social Security Act by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The NEW program replaced the Tribal Job Opportunities and Basic Skills Training (JOBS) program, beginning in fiscal year (FY) 1997. The Deficit Reduction Act of 2005 (Public Law 109-171) authorizes the NEW program through September 30, 2010.
The purpose of the NEW program is to make work activities available to grantees’ designated service populations and service areas. Eligibility for NEW funding is limited by law to Indian tribes and Alaska Native organizations that conducted a Tribal JOBS program in FY 1995. NEW grant awards are set by law at grantees’ FY 1994 Tribal JOBS funding levels. NEW grant awards are subject to the availability of funds.
All NEW grantees should coordinate their NEW programs with related programs. Some grantees choose to coordinate their NEW programs with related programs through demonstration projects under Public Law 102-477.
NEW grantees that want to include their NEW programs in projects under Public Law 102-477 must prepare and submit plans using the program plan guidance provided with this program instruction.
INSTRUCTION: This program instruction (PI) provides guidance on plan requirements for grantees that include their NEW programs in Public Law 102-477 projects. It transmits a NEW program plan guidance that has Office of Management and Budget clearance through February 28, 2010. This program plan guidance is based on requirements for plans in the NEW program regulations at 45 CFR Part 287, subparts D and E.
To apply for and conduct a NEW program as part of a Public Law 102-477 project, an eligible tribe or organization must submit a plan that meets the requirements in the attached NEW program plan guidance.
Consistent with the program plan guidance, the grantee must submit:
a 102-477 plan that includes/incorporates the grantee’s NEW plan, or
a 102-477 plan and a separate NEW plan.
Grantees may choose the option they prefer.
These plans must meet appropriate plan and program requirements and be approved by the Administration for Children and Families (ACF) on behalf of the NEW program, in order for the NEW program to be included in a 102-477 project. In addition, 102-477 plans must be approved by the Department of the Interior and other appropriate federal partner agencies. (Section 6 of Public Law 102-477 includes requirements for 102-477 plans. We also review 102-477 plans for consistency with Public Law 102-477.)
These plans should cover uses of NEW funds to be awarded during the period covered by the plan (generally a 3-year period). Plans also should cover uses of any NEW funds awarded on or after July 1, 1999, while the NEW grant was included in the 102-477 project, that remained unobligated at the end of the program year for which they were awarded and are carried forward for use during the period covered by these plans. (See NEW-ACF-PI-04-02 on carryover of unobligated NEW grant fund balances. NEW funds awarded before July 1, 1999, that remained unobligated at the end of the program year for which they were awarded, cannot be carried forward to later program years.)
Plans will be reviewed by ACF to verify that NEW plan and program requirements are met. If a plan is not approvable as submitted, the applicant will be notified about additional action needed for approval. Applicants will be notified of plan approvals.
INQUIRIES: Inquiries about this PI should be directed to ACF at 202-401-5150 or 202-401-5308.
Office of Family Assistance
ATTACHMENTS: Native Employment Works (NEW) Program Plan Guidance: Instructions for
Preparing and Submitting NEW Program Plans, for Grantees that Include their NEW Programs in Public Law 102-477 Projects;
Provisions under 45 CFR Part 287 describing activities and services that may be
provided with NEW program funds; and
Administration for Children and Families/Office of Family Assistance regional
office contacts for the NEW program