Section 166 Planning/Funding Process

20 C.F.R. Part ..., Subpart G
in effectEffective: 2024-07-01

20 C.F.R. § 668.700 What process must an INA grantee use to plan its employment and training services?

(a) An INA grantee may utilize the planning procedures it uses to plan other activities and services. (b) However, in the process of preparing its Two Year Plan for Native American WIA services, the INA grantee must consult with: (1) Customers or prospective customers of such services; (2) Prospective employers of program participants or their representatives; (3) Service providers, including local educational agencies, which can provide services which support or are complementary to the grantee's own services; and (4) Tribal or other community officials responsible for the development and administration of strategic community development efforts.

20 C.F.R. § 668.710 What planning documents must an INA grantee submit?

Each grantee receiving funds under WIA section 166 must submit to DINAP a comprehensive services plan and a projection of participant services and expenditures covering the two-year planning cycle. We will, in consultation with the Native American Advisory Council, issue budget and planning instructions which grantees must use when preparing their plan.

20 C.F.R. § 668.720 What information must these planning documents contain?

(a) The comprehensive services plan must cover the two Program Years included within a designation cycle. According to planning instructions issued by the Department, the comprehensive services plan must describe in narrative form: (1) The specific goals of the INA grantee's program for the two Program Years involved; (2) The method the INA grantee will use to target its services to specific segments of its service population; (3) The array of services which the INA grantee intends to make available; (4) The system the INA grantee will use to be accountable for the results of its program services. Such results must be judged in terms of the outcomes for individual participants and/or the benefits the program provides to the Native American community(ies) which the INA grantee serves. Plans must include the performance information required by § 668.620; (5) The ways in which the INA grantee will seek to integrate or coordinate and ensure nonduplication of its employment and training services with: (i) The One-Stop delivery system in its local workforce investment area, including a description of any MOU's which affect the grantee's participation; (ii) Other services provided by Local Workforce Investment Boards; (iii) Other program operators; (iv) Other services available within the grantee organization; and (v) Other services which are available to Native Americans in the community, including planned participation in the One-Stop system. (b) Eligible INA grantees must include in their plan narratives a description of activities planned under the supplemental youth program, including items described in paragraphs (a)(1) through (5) of this section. (c) INA grantees must be prepared to justify the amount of proposed Administrative Costs, utilizing the definition at 20 CFR 667.220. (d) INA grantees' plans must contain a projection of participant services and expenditures for each Program Year, consistent with guidance issued by the Department.

20 C.F.R. § 668.730 When must these plans be submitted?

(a) The two-year plans are due at a date specified by DINAP in the year in which the two-year designation cycle begins. We will announce exact submission dates in the biennial planning instructions. (b) Plans from INA grantees who are eligible for supplemental youth services funds must include their supplemental youth plans as part of their regular Two Year Plan. (c) INA grantees must submit modifications for the second year reflecting exact funding amounts, after the individual allotments have been determined. We will announce the time for their submission, which will be no later than June 1 prior to the beginning of the second year of the designation cycle.

20 C.F.R. § 668.740 How will we review and approve such plans?

(a) We will approve a grantee's planning documents before the date on which funds for the program become available unless: (1) The planning documents do not contain the information specified in the regulations in this part and Departmental planning guidance; or (2) The services which the INA grantee proposes are not permitted under WIA or applicable regulations. (b) We may approve a portion of the plan, and disapprove other portions. The grantee also has the right to appeal the decision to the Office of the Administrative Law Judges under the procedures at 20 CFR 667.800 or 667.840. While the INA grantee exercises its right to appeal, the grantee must implement the approved portions of the plan. (c) If we disapprove all or part of an INA grantee's plan, and that disapproval is sustained in the appeal process, the INA grantee will be given the opportunity to amend its plan so that it can be approved. (d) If an INA grantee's plan is amended but is still disapproved, the grantee will have the right to appeal the decision to the Offices of the Administrative Law Judges under the procedures at 20 CFR 667.800 or 667.840.

20 C.F.R. § 668.750 Under what circumstances can we or the INA grantee modify the terms of the grantee's plan(s)?

(a) We may unilaterally modify the INA grantee's plan to add funds or, if required by Congressional action, to reduce the amount of funds available for expenditure. (b) The INA grantee may request approval to modify its plan to add, expand, delete, or diminish any service allowable under the regulations in this part. The INA grantee may modify its plan without our approval, unless the modification reduces the total number of participants to be served annually under the grantee's program by a number which exceeds 25 percent of the participants previously proposed to be served, or by 25 participants, whichever is larger. (c) We will act upon any modification within thirty (30) calendar days of receipt of the proposed modification. In the event that further clarification or modification is required, we may extend the thirty (30) day time frame to conclude appropriate negotiations.

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