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5676 Federal Register / Vol. 71, No.

22 / Thursday, February 2, 2006 / Notices

DEPARTMENT OF HEALTH AND Requirements of Carriers; OMB Control Overview of This Information
HUMAN SERVICES No. 1651–0122. Collection
(1) Type of Information Collection:
National Institutes of Health The Department of Homeland Extension of a currently approved
Security, U.S. Customs and Border collection.
National Center for Research Protection (CBP) has submitted the (2) Title of the Form/Collection:
Resources; Notice of Closed Meeting following information collection request Screening Requirements of Carriers.
Pursuant to Section 10(d) of the to the Office of Management and Budget (3) Agency form number, if any, and
Federal Advisory Committee Act, as (OMB) for review and clearance in the applicable component of the
amended (5 U.S.C. Appendix 2), notice accordance with the Paperwork Department of Homeland Security
is hereby given of the following Reduction Act of 1995. The information sponsoring the collection: No Agency
meeting. collection was previously published in Form Number; U.S. Customs and Border
The meeting will be closed to the the Federal Register on September 30, Protection (CBP).
public in accordance with the 2005, at 70 FR 57305. The notice (4) Affected public who will be asked
provisions set forth in sections provided for an emergency request for or required to respond, as well as a brief
552b(c)(4) and 552b(c)(6), Title 5 U.S.C., approval by OMB and allowed for a 60- abstract: Primary: Business or other for-
as amended. The grant applications and day public comment period. No profit. The evidence collected is used by
the discussions could disclose comments were received on this DHS to determine whether sufficient
confidential trade secrets or commercial information collection. steps were taken by a carrier
property such as patentable material, The purpose of this notice is to allow demonstrating improvement in the
and personal information concerning an additional 30 days for public screening of its passengers in order for
indviduals associated with the grant comments. Comments are encouraged the carrier to be eligible for automatic
applications, the disclosure of which and will be accepted until March 6, fines mitigation.
2006. This process is conducted in (5) An estimate of the total number of
would constitute a clearly unwarranted
accordance with 5 CFR 1320.10. respondents and the amount of time
invasion of personal privacy.
estimated for an average respondent to
Name of Committee: National Center for Written comments and/or suggestions respond: 65 responses at 100 hours per
Research Resources Special Emphasis Panel; regarding the item(s) contained in this response.
Biotechnology SEP. notice, especially regarding the (6) An estimate of the total public
Date: February 23, 2006. estimated public burden and associated burden (in hours) associated with the
Time: 2 p.m. to 4 p.m. response time, should be directed to the
Agenda: To review and evaluate grant
collection: 6,500 annual burden hours.
Department of Homeland Security If you have additional comments,
applications. (DHS), USCIS, Director, Regulatory
Place: National Institutes of Health, One suggestions, or need a copy of the
Democracy Plaza, 6701 Democracy
Management Division, Clearance Office, proposed information collection
Boulevard, Bethesda, MD 20892 (Telephone 111 Massachusetts Avenue, 3rd floor, instrument with instructions, or
Conference Call). Washington, DC 20529. Comments may additional information, please contact
Contact Person: Guo Zhang, PhD, MPH, also be submitted to DHS via facsimile Mr. Richard A. Sloan, 202–272–8354,
Scientific Review Administrator, Office of to 202–272–8352 or via e-mail at U.S. Citizenship and Immigration
Review, National Center for Research rfs.regs@dhs.gov. When submitting Services, Director, Regulatory
Resources, National Institutes of Health, 6701 comments by e-mail please make sure to Management Division, 111
Democracy Blvd., Suite 1064, Bethesda, MD add OMB Control Number 1651–0122 in Massachusetts Avenue, 3rd Floor.,
20892–796. 301–435–0812. the subject box. Written comments and
zhanggu@mail.nih.gov. Washington, DC 20529. Additionally,
suggestions from the public and affected comments and/or suggestions regarding
(Catalogue of Federal Domestic Assistance agencies should address one or more of
Program Nos. 93.306, Comparative Medicine; the item(s) contained in this notice,
93.333, Clinical Research; 93.371, Biomedical
the following four points: especially regarding the estimated
Technology; 93.389, Research Infrastructure; (1) Evaluate whether the proposed public burden and associated response
93.306, 93.333, National Institutes of Health, collection of information is necessary time may also be directed to Mr.
HHS) for the proper performance of the Richard A. Sloan.
Dated: January 26, 2006. functions of the agency, including Dated: January 31, 2006.
Anna Snouffer, whether the information will have Stephen Tarragon,
Acting Director, Office of Federal Advisory
practical utility; Deputy Director, Regulatory Management,
Committee Policy. (2) Evaluate the accuracy of the Division, U.S. Citizenship and Immigration
[FR Doc. 06–977 Filed 2–1–06; 8:45 am] agency’s estimate of the burden of the Services.
BILLING CODE 4140–01–M
proposed collection of information, [FR Doc. 06–1010 Filed 1–31–06; 1:14 pm]
including the validity of the BILLING CODE 4410–10–P
methodology and assumptions used;
(3) Enhance the quality, utility, and
DEPARTMENT OF HOMELAND clarity of the information to be DEPARTMENT OF THE INTERIOR
SECURITY collected; and
(4) Minimize the burden of the Bureau of Indian Affairs
Customs and Border Protection
collection of information on those who Guidance for Distributing Fiscal Year
Agency Information Collection are to respond, including through the 2006 Contract Support Funds and
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Activities; Extension of Existing use of appropriate automated, Indian Self-Determination Funds


Information Collection; Comment electronic, mechanical, or other
Request technological collection techniques or AGENCY: Bureau of Indian Affairs,
other forms of information technology, Interior.
ACTION: 30-Day Notice of Information e.g., permitting electronic submission of ACTION: Notice of methodology for
Collection Under Review: Screening responses. distribution and use of FY 2006

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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices 5677

Contract Support Funds and Indian however, that the Secretary continue to program operated under a self-
Self-Determination Funds. distribute indirect and administrative determination contract or a self-
cost funds to tribes and tribal governance compact on an ongoing
SUMMARY: The Bureau of Indian Affairs organizations that received such funds basis, which was entered into before the
(Bureau) is publishing this notice to in FY 2003 or FY 2004.] current fiscal year. Examples:
inform the public, the tribes, and (1) All contracted or compacted
Federal staff of the methodology that 1.2 How Does BIA Determine Eligibility
programs, functions, services, activities
will be used for the distribution of for CSF?
or those included in annual funding
Contract Support Funds (CSF) and All self-determination contractors and agreements in the previous fiscal year
Indian-Self Determination Funds (ISDF) self-governance tribes/consortia with and continued in the current fiscal year
for FY 2006. These funds are distributed either an approved indirect cost rate, a that are financed with funds
as authorized by the Indian Self- current indirect cost proposal on file appropriated to the Bureau;
Determination and Education with the National Business Center (2) Direct funding increases for
Assistance Act of 1975, as amended, (NBC), or an approved current lump programs financed with funds
and financed with funds appropriated sum agreement are eligible to receive appropriated to the Bureau; and
under the Snyder Act. This distribution CSF. (3) Programs, functions, services, or
methodology is published to ensure activities started or expanded in the
eligible recipients and responsible 1.3 How Does the Bureau Determine
Indirect Cost Need and CSF Amounts current fiscal year that are a result of a
federal employees are aware of program change in priorities from other already
operations for this fiscal year. This is a for Contracts and Annual Funding
Agreements? contracted, annual funding agreement
guidance document, it is not programs, functions, services, or
establishing regulations. The methodology used to determine
activities financed with funds
DATES: The ‘‘FY 2006 CSF Needs indirect cost amount and CSF need is as
appropriated to the Bureau.
Report’’ is due June 30, 2006. Final follows:
distribution of CSF will be made on a (1) Total current year Program fund 1.5 Does an Increase or Decrease in the
pro-rata basis on or about July 15, 2006. amount; Level of Funding From Year to Year
FY 2006 ISDF will be distributed on a (2) Less exclusions; exclusions are Affect the Designation of a Contract or
first come, first served basis, until funds determined as follows: Annual Funding Agreement?
(a) For Construction under Public Law
are depleted. No.
93–638, as amended, title I, section
ADDRESSES: Submit the ‘‘FY 2006 CSF
106(h), the amount of construction 1.6 Can I Use Current Fiscal Year CSF
Needs Report’’ to: Harry Rainbolt, funding provided for the actual ‘‘on-the- to Pay a Prior Year Indirect Cost
Bureau of Indian Affairs, Office of Tribal ground’’ construction activities is an Shortfall?
Services, 1951 Constitution Avenue exclusion.
NW, Mail Stop 320–SIB, Washington, (b) For a Direct Cost Base consisting No. The use of current year CSF to
DC 20240. of Salaries and Wages, all costs except pay prior year indirect cost shortfall is
FOR FURTHER INFORMATION CONTACT: ‘‘Salaries and Wages’’ are exclusions. not authorized.
Harry Rainbolt, (202) 513–7630. (c) For a Direct Cost Base consisting 1.7 Are There Any Restrictions on
SUPPLEMENTARY INFORMATION: Title I and of ‘‘total direct costs less capital Distributing CSF for Indirect Cost?
title IV of Public Law 93–638, the Indian expenditures and pass-through, such as
those items requiring minimal Yes. The following conditions must
Self-Determination and Education
administrative effort,’’ capital be met before the Bureau distributes
Assistance Act of 1975, as amended,
expenditures and pass-through items are CSF to pay indirect cost:
authorizes the Bureau to annually
(1) Programs, functions, services,
distribute CSF and ISDF. In making considered exclusions.
Capital Expenditure: The acquisition activities, or portions thereof, must be
these distributions for FY 2006, the
of items of personal property with an financed with funds appropriated under
Bureau will follow the procedures in
individual value of $5,000 or more, and the Snyder Act (25 U.S.C. 13); and
this notice.
real property acquisition, renovation or (2) Programs, functions, services,
The request for FY 2006 ISDF for new
repair with a value of $5,000 or more. activities, or portions thereof, must be
and expanded contracts and self-
Pass-Through: Those program included in a Bureau self-determination
governance funding agreements may be
expenditures for items requiring contract or a self-governance funding
submitted to the Bureau throughout the
minimal level of effort to be performed agreement.
year as the need arises. Approved
requests will be funded until the ISDF by tribal administrative personnel, such 1.8 Is There Any Other Exclusion?
is depleted. as: grants to individuals (i.e.,
Yes. Self-determination contracts or
scholarship grants, general assistance
Part 1—Contract Support Funds self-governance agreements that receive
grants, etc.); leases; subcontracts;
appropriated funds from other
1.1 What Is the Purpose of Contract management and/or professional
Department of the Interior bureaus,
Support Funds (CSF)? agreements; etc.
(3) Direct Cost Base amount; offices, or other sources are not eligible
The Bureau provides CSF to meet the (4) Times indirect cost rate; to receive CSF.
indirect cost need identified for (5) Indirect cost amount;
ongoing/existing self-determination 1.9 How Can Tribes or Tribal
(6) Times current CSF funding Organizations Find Funding to Pay for
contracts and self-governance compacts percentage; and
that are financed with funds Their Indirect Cost Needs for Programs
(7) CSF amount.
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appropriated pursuant to the Snyder Act That Are Excluded From Receiving CSF?
(25 U.S.C. 13). [Note that 25 U.S.C. 1.4 What Is Designated as an Ongoing/ Those programs that are not eligible to
450j–3, restricts the use of CSF for only Existing Contract or Funding receive CSF or ISDF to cover indirect
self-determination contracts and self- Agreement? cost needs must contact the specific
governance compacts. Congress directed An ongoing/existing contract or program funding source to determine
in the FY 2006 appropriations bill, annual funding agreement is a Bureau the methodology for covering the

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5678 Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices

indirect cost need for those programs. from receiving CSF to cover the indirect 1.11 How Does the Bureau Decide What
This may entail using funds provided cost need and must use funds provided Direct Cost Base To Use To Determine
for the contracted services to cover the for the construction activity to cover CSF Need?
indirect cost need. For example, funding their indirect cost needs.
for Indian Reservation Roads BIA will use the following procedures
1.10 How Does the Bureau Determine to determine the direct cost base:
construction is transferred to the Bureau the Amount of CSF a Tribe or Tribal
from the Federal Highway Trust Fund Organization Is Eligible To Receive?
by the Department of Transportation.
See the computation methodology in
Therefore, this program is excluded
section 1.3 of this notice.

If a tribe’s direct cost base is Then BIA will make the following adjustments

(1) Total direct cost, less capital expenditures and pass-through ........... (1) Total direct cost, minus exclusions = direct cost base amount. (Ex-
clusions will be on-the-ground construction costs, capital expendi-
tures and pass-through.)
(2) Total salaries and wages .................................................................... (2) Look at program budget and identify amount for salaries and
wages. (The exclusions will be funding amounts for everything ex-
cept salaries and wages.)
(3) A negotiated Lump Sum Agreement direct cost base is the total (3) The exclusions will be amounts for on-the-ground construction
current year program funds, less amount for on-the-ground construc- costs, capital expenditures and pass-through funds.
tion costs, capital expenditures and pass-through.

1.12 How Does the Bureau Determine will receive, BIA follows the following
What Indirect Cost Rate To Use When procedures:
Calculating the Amount of CSF Eligible
Tribes or Tribal Organizations Will
Receive?
When calculating the amount of CSF
eligible tribes or tribal organizations

If Then

(1) The tribe or tribal organization has an approved indirect cost rate (1) The Regional Director or Office of Self-Governance Director must
negotiated with the National Business Center (NBC) or an indirect use the tribe’s or tribal organization’s current rate, if approved, or, if
cost proposal currently under consideration by the NBC. not approved, the proposed indirect cost rate currently under consid-
eration.
(2) The tribe or tribal organization proposes to use the prior-year ap- (2) The most current rate must be used.*
proved rate*.
(3) A tribe or tribal organization that can document that they are unable (2) The Awarding Official may negotiate a reasonable lump sum
to negotiate an indirect cost rate because of circumstances beyond amount (not to exceed 15%) with the tribe or tribal organization for
their control may request negotiation of a lump sum amount**. FY 2005.**
*This rate is temporary and subject to finalization through negotiation with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15 percent of total current year program funds, less capital expendi-
ture and pass-through.

1.13 What Happens if the Amount 1.15 How Does the Bureau Distribute 1.16 What Can I Do To Cover My Total
Identified in the ‘‘FY 2006 CSF Needs CSF to Tribes and Tribal Organizations? CSF Needs if the CSF Provided Is
Report’’ Exceeds the Available FY 2006 Insufficient?
CSF Amount? (1) In the initial distribution of CSF,
the Bureau will distribute to each If your CSF funds are insufficient, you
The CSF distribution will be made on regional office and the Office of Self- may reprogram funds provided for the
a pro rata basis so that all eligible tribes Governance 85 percent of the total operation of programs to make up
deficiencies to recover your full indirect
and tribal organizations receive the amount of CSF provided in the previous
cost need. This reprogramming
same percentage of their reported need. fiscal year. From this 85 percent, the
authority is limited to funds in the
For example, if the pro rata amount is regional office will award 75 percent of
Tribal Priority Allocation (TPA) portion
92 percent, each tribe or tribal the CSF need identified for each of the Bureau budget, or annual funding
organization will receive 92 percent of contract or annual funding agreement agreement.
their identified indirect cost need. that meets the established criteria.
1.17 Can Funds From Other Bureau
1.14 Who Is Responsible for Submitting (2) In the second or final allotment of
Programs That Are Not in the TPA Be
the ‘‘CSF Needs Report’’ to the Bureau? CSF, all tribal contractors and self-
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Used To Meet CSF Shortfall?


governance tribes/consortia will receive
Each regional office and the Office of a pro-rated share of the CSF, based on No. Congressional appropriation
Self-Governance must submit a ‘‘CSF the program funds in the contract or language does not provide authority for
Needs Report’’ for ongoing/existing annual funding agreement at that time. the Bureau to reprogram funds from
contracts and funding agreements. other Bureau programs to meet any CSF
shortfall.

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Federal Register / Vol. 71, No. 22 / Thursday, February 2, 2006 / Notices 5679

1.18 What Are the Definitions of the will fund requests at 100 percent of the 2.4 What Happens if Requests Are
Terms ‘‘New Contract or Annual ‘‘identified and approved need’’ until Received After the ISDF Have Been
Funding Agreement’’ and ‘‘Expanded the ISDF is depleted. Depleted?
Contract or Annual Funding
Agreement’’? 2.2 How Does the Bureau Distribute The ISDF request will not be funded
ISDF For a New and Expanded Contract for the fiscal year. However, requests
(a) A new contract or annual funding
or Annual Funding Agreement? received after the ISDF have been
agreement is defined as the initial
depleted will be considered first for
transfer of a program, function, service, Each regional office or the Office of ISDF funding in the following fiscal
or activity previously operated by the Self-Governance must submit an ‘‘ISDF year.
Bureau to a tribe, tribal organization or Needs Request’’ to the Office of Tribal
consortium. Services when a new contract or annual 2.5 How Does the Bureau Compute the
(b) An expanded contract or annual Indirect Cost Need?
funding agreement is awarded, or
funding agreement is defined as a
existing contracts or annual funding We compute the indirect cost need
contract or annual funding agreement
which has become enlarged, during the agreements are expanded. following the indirect cost computation
current fiscal year through the 2.3 What Must a Complete ‘‘ISDF methodology provided in this
assumption of additional programs, Request Package’’ for New and announcement at section 1.3.
functions, services, or activities (or Expanded Contracts/Annual Funding
portion thereof) previously operated by 2.6 How Does BIA Determine What
Agreements Contain? Indirect Cost Rate To Use When
the Bureau.
Calculating the Amount of ISDF Eligible
Part 2—Indian Self-Determination A complete request package for new/
Tribes or Tribal Organizations Will
Funds expanded contracts or annual funding
Receive?
agreement must contain:
2.1 How Are Indian Self-Determination When calculating the amount of ISDF
(1) Indirect cost needs; and
Funds (ISDF) Distributed? eligible tribes or tribal organizations
(2) Startup cost needs.
The Bureau provides ISDF on a ‘‘first- will receive, the Bureau follows the
come, first-served’’ basis. The Bureau following procedures:

If Then

(1) The tribe or tribal organization has an approved indirect cost rate (1) The Regional Director or Office of Self-Governance Director must
negotiated with the National Business Center (NBC) or an indirect use the tribe’s or tribal organization’s current rate, if approved, or, if
cost proposal currently under consideration by the NBC. not approved, the proposed indirect cost rate currently under consid-
eration.
(2) The tribe or tribal organization proposes to use the prior-year ap- (2) The most current NBC rate must be used.*
proved NBC rate*.
(3) A tribe or tribal organization that can document that they are unable (3) The Awarding Official may negotiate a reasonable lump sum
to negotiate an indirect cost rate because of circumstances beyond amount (not to exceed 15 percent) with the tribe or tribal organiza-
their control may request negotiation of a lump sum amount**. tion for FY 2004.**
*This rate is temporary and subject to finalization through negotiation with NBC, and may result in actual over or under recovery of indirect
cost.
**Beginning in FY 2004, a reasonable lump sum amount must not exceed 15 percent of total current year program funds, less capital expendi-
ture and pass-through.

2.7 What Is Considered ‘‘Startup Cost’’ (3) Documentation of the provision of 2.11 Are There Any Guidelines That
Need? technical assistance and negotiation in Can Be Used To Help Provide Technical
regard to the startup cost items. Assistance?
Startup costs are direct costs for items
that are identified in the program 2.9 Will the Bureau Consider Funding Yes. Use the ‘‘Guidance for Contract
operational budget for the new or Requests That Do Not Meet the Support Costs’’ handbook to assist in
expanded contract/annual funding Requirement of Section 2.8? the negotiation and providing technical
agreements. These costs must be assistance for startup cost. You may
allowable costs, allocable to the new or No. The Bureau will not consider obtain a copy of this handbook by
expanded program, and reasonable funding ISDF requests that do not calling the telephone number provided
within the context of the operational contain the items in section 2.8 of this in the FOR FURTHER INFORMATION
budget. notice. CONTACT section.

2.8 What Information for a ‘‘Startup 2.10 Are There Any Contracts or 2.12 What Happens to an Incomplete
Cost’’ Request Must I Include in the Agreements That Cannot Receive ISDF? ISDF Request?
ISDF Request Package?
Yes. Self-determination contracts or The request will be returned to the
The request must contain: self-governance agreements that receive office of origin for proper completion
(1) A copy of the program operational appropriated funds from other and resubmission.
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budget for the new or expanded Department of the Interior bureaus, Dated: January 18, 2006.
contract/annual funding agreement offices, or other sources are not eligible Michael D. Olsen,
activity, with the startup cost items to receive ISDF. Acting Principal Deputy Assistant Secretary—
identified; Indian Affairs.
(2) A copy of the program operational [FR Doc. E6–1393 Filed 2–1–06; 8:45 am]
budget narrative; and BILLING CODE 4310–4J–P

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