[Ai-an_dvhealth] FW: [CAVNET_IW] STOP Match Requirement for Tribes - Request for Comments

Tue Jan 27 13:32:50 CST 2004

Dear All,

This message is for those concerned about the 25% match required on STOP
Violence Against Indian Women Discretionary Grant Program (and STOP Sate
Formula Grants).  From my understanding DOJ has interpreted a rule to mean
that there must be a 25% match on the STOP grants and for those of you who
have been operating with that funding you are familiar with that portion.
Apparently DOJ is looking to solidify their interpretation of this rule
opposed to doing away with the match all together.  Commentary is needed by
grant recipients who deal with hardships regarding making the match or
complications about the match all together.

I am concerned that if this goes through that a local match would be placed
upon the other grant programs as well (which has be rumored to be an item
the OVW is considering).

My apologies to those who have already received this information.  Please
pass this information along as comments need to be sent in by Thursday!

Miigwech,

Jeremy

-----Original Message-----
From: Eileen Hudon [mailto:emhudon at msn.com]
Sent: Monday, January 26, 2004 2:18 PM
To: Jeremy NeVilles Sorell; Tina Olson; Beryl Rock; Donna Beauprey
Subject: FW: [CAVNET_IW] STOP Match Requirement for Tribes - Request
forComments

------ Forwarded Message
From: sarahdeer at comcast.net
Reply-To: CAVNET_IW at yahoogroups.com
Date: Mon, 26 Jan 2004 19:03:12 -0000
To: CAVNET_IW at yahoogroups.com
Subject: [CAVNET_IW] STOP Match Requirement for Tribes - Request for
Comments

Please note - anyone is welcome to comment on the proposed rules
outlined below.  DUE DATE:  JANUARY 29, 2004

****************************************************

PROPOSED RULES

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 90

[OJP Docket No. 1378]

RIN 1121-AA67

STOP Violence Against Women Formula Grant Program and STOP Violence
Against
Indian Women Discretionary Grant Program: Clarification of Match
Requirement

Tuesday, December 30, 2003

*75184 AGENCY: Office on Violence Against Women, Office of Justice
Programs, Department of Justice.

ACTION: Notice of proposed rule.

SUMMARY: This rule proposed to amend the regulations for the STOP
(Services-- Training--Officers--Prosecutors) Violence Against Women
Formula Grant Program and the STOP Violence Against Indian Women
Discretionary Grant Program in 28 CFR 90.17 and 90.55, respectively,
to clarify the statutory provision in 42 U.S.C. 3796gg-1(f) requiring
that each STOP fund grantee provide matching funds in an amount no
less than 25% of the total costs of the projects described in the
application for funds.

DATES: Written comments should be submitted by January 29, 2004.

ADDRESSES: Please send written comments, by U.S. mail, to: Marnie
Shiels, Attorney-Advisor, Office on Violence Against Women, Office of
Justice Programs, 810 7th Street, NW., Washington, DC 20531; or by e-
mail, to: OVWRegs @ojp.usdoj.gov. To ensure proper handling, please
reference OJP No. 1378 on your correspondence.

FOR FURTHER INFORMATION CONTACT: Marnie Shiels, Attorney-Advisor,
Office on Violence Against Women, Office of Justice Programs, 810 7th
Street, NW., Washington, DC 20531, telephone: (202) 307-6026.

SUPPLEMENTARY INFORMATION: The STOP and STOP Violence Against Indian
Women (VAIW) Programs are codified at 42 U.S.C. 3796gg et seq. The
final rule for these programs, 28 CFR Part 90 (Subparts B and C), was
promulgated on April 18, 1995. The STOP grants are awarded to states
and territories to develop and strengthen the criminal justice
system's response to violence against women and to support and
enhance services for victims. The STOP VAIW grants are intended to
develop and strengthen tribal law enforcement and prosecution efforts
to combat violence against Indian women and to develop and enhance
services for victims of such crimes.
Because this is a technical amendment to clarify the matching
requirement within the authorizing statute, the deadline for written
comments is 30-days from the date of publication of this proposed
rule in the Federal Register.

Statutory Match Requirement

The STOP statute, 42 U.S.C. 3796gg-1(f), provides: "The Federal share
of a grant made under [these grant programs] may not exceed 75
percent of the total costs of the projects described in the
application submitted." In accordance with the statutory matching
funds requirement, States and Indian tribal governments receiving
funds under these two programs must ensure that only 75 percent of
their total budget for the grant project comes from STOP grant funds.
The purpose of requiring STOP formula fund grantees to provide a 25%
*75185 match is to augment the resources available to the project
from grant funds and to foster the dedication of State, local, and
community resources to the purposes of the project. States and tribal
governments must calculate "matching funds" based on their entire
grant awards, including amounts that they are allowed to allocate for
administrative expenses or indirect costs. (In the case of American
Samoa, Guam, the Virgin Islands, and the Northern Mariana Islands,
the requirement for matching funds (up to $200,000) is waived
pursuant to 48 U.S.C. 1469a(d).)
Grantees may satisfy this match requirement with either cash or in-
kind services and may require sub-grantees to provide all or part of
the match. The costs of activities counted as matching funds must be
directly related to the project goals and objectives. For Indian
tribes, as provided in 42 U.S.C. 3796gg-1(g), appropriations for the
activities of any agency of an Indian tribal government or of the
Bureau of Indian Affairs performing law enforcement functions on any
Indian lands may be used to provide the match. The Office of Justice
Programs Financial Guide, Part III, Chapter 3, provides information
on additional sources of matching funds.
By statute, grantees under the STOP Violence Against Women Formula
Grant Program and the STOP Violence Against Indian Women
Discretionary Grant Program are required to provide a 25% match--or
25% of the total funds associated with the project being funded.
(Thus, OVW provides only 75% of the total funding for each project.)
The current regulations prohibit state and Indian tribal government
grantees from passing on any portion of the 25% match requirement to
any subgrantees who are nonprofit, non-governmental victim services
programs, even though the statute contains no such prohibition. The
revised rule will conform OJP regulations to the statute by
permitting grantees to require that those subgrantees provide a
portion of the overall 25% match that is required for the project.

Executive Order 12866

This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. The
Office of Justice Programs has determined that this rule is not
a "significant regulatory action" under Executive Order 12866,
section 3(f), Regulatory Planning and Review, and accordingly this
rule has not been reviewed by the Office of Management and Budget.

Cost/Benefit Assessment

This proposed rule is a technical amendment that clarifies the match
requirement for entities awarded funds under the STOP Violence
Against Women Formula Grant Program and the STOP Violence Against
Indian Women Discretionary Grant Programs. The only cost of this
proposed rule is thus borne by grantees for whom the benefit of
receiving funds outweighs any cost imposed by the matching funds
requirement.

Executive Order 13132

This regulation will not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among
the various levels of government. This proposed rule is a technical
amendment that clarifies the match requirement for entities awarded
funds under the STOP Violence Against Women Formula Grant Program and
the STOP Violence Against Indian Women Discretionary Grant Programs,
but has no effect on other funds granted to states. Therefore, in
accordance with Executive Order 12612, it is determined that this
rule does not have sufficient federalism implications to warrant
preparation of a Federalism Assessment.

Regulatory Flexibility Act

The Office of Justice Programs, in accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), has reviewed this regulation and
by approving it certifies that this regulation will not have a
significant economic impact upon a substantial number of small
entities for the following reason: This proposed rule is a technical
amendment that clarifies the match requirement for entities awarded
funds under the STOP Violence Against Women Formula Grant Program and
the STOP Violence Against Indian Women Discretionary Grant Programs,
but has no effect on other funds.

Unfunded Mandates Reform Act of 1995

This rule will not result in the expenditure by State, local, and
Tribal governments, in the aggregate, or by the private sector, of
$100,000,000 or more in any one year, and it will not uniquely affect
small governments. Therefore, no actions were deemed necessary under
the provisions of the Unfunded Mandates Reform Act of 1995.

Small Business Regulatory Enforcement Fairness Act of 1996

This rule is not a major rule as defined by section 804 of the Small
Business Regulatory Enforcement Fairness Act of 1996. This rule will
not result in an annual effect on the economy of $100,000,000 or
more; a major increase in cost or prices; or significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete in domestic and export markets.

List of Subjects in 28 CFR Part 91

Grant programs, Judicial administration.
For the reason set forth in the preamble, the Office of Justice
Programs proposes to amend 28 CFR Chapter I as follows:

PART 90--VIOLENCE AGAINST WOMEN

Subpart B--The STOP (Services--Training--Officers--Prosecutors)
Violence Against Women Formula Grant Program

1. The authority citation for Part 90, subparts B and C, continues to
read as follows:

Authority: 42 U.S.C. 3796gg et seq.

2. Paragraph (c) of § 90.17 is proposed to be revised to read as
follows:

§ 90.17 Matching requirements.

* * * * *
(c) The match expenditures must be committed for each funded project
under the grant, including administrative and indirect costs, and
cannot be derived from other Federal funds.
* * * * *

Subpart C--Indian Tribal Governments Discretionary Program

3. Paragraph (c) of § 90.55 is proposed to be revised to read as
follows:

§ 90.55 Matching requirements.

* * * * *
(c) The match expenditures must be committed for each funded project
under the grant, including administrative and indirect costs, and, as
provided in 42 U.S.C. § 3796gg-1(g), may be derived from
appropriations for the activities of any agency of an Indian tribal
government or of the Bureau of Indian Affairs performing law
enforcement functions on any Indian lands.
* * * * *
*75186 Dated: December 22, 2003.

Diane M. Stuart,

Director, Office on Violence Against Women.

[FR Doc. 03-32017 Filed 12-29-03; 8:45 am]

BILLING CODE 4410-18-P

68 FR 75184-01, 2003 WL 23021311 (F.R.)
END OF DOCUMENT

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