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Administration for Children and Families US Department of Health and Human Services

OFFICE OF COMMUNITY SERVICES

DIVISION OF TRIBAL SERVICES


Program Instruction 98-1


NATIVE EMPLOYMENT WORKS (NEW)
PROGRAM PLAN GUIDANCE
AND
REPORT REQUIREMENT

Transmittal No. NEW-ACF-PI-98-1    Date: MARCH 17, 1998

 

 

U.S. Department of
Health and Human Services
Administration for Children & Families
Office of Community Service
Division of Tribal Services
Washington, D.C. 20447





TO:   INDIAN TRIBES AND ALASKA NATIVE ORGANIZATIONS ADMINISTERING THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM

SUBJECT:   NEW Program Plan Guidance Document and Report Requirements

REFERENCES:   Section 412 (a)(2) of the Social Security Act, as amended by, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)

PURPOSE:   The Native Employment Works (NEW) Programs became effective July 1, 1997. This Program Instruction (PI) provides guidance for the Tribes in completing the 1998 - 2000 NEW Program Plan Document and Reports and transmits the appropriate documents.

BACKGROUND:   PRWORA authorized funding, to the Indian Tribes and Alaska Native Organizations that conducted a Job Opportunities and Basic Skills Training (JOBS) program in fiscal year (FY) 1995, to operate a tribal work activities program now known as the Native Employment Works (NEW) Program. These programs are intended to provide work activities and services. NEW Programs will be funded at the Tribal JOBS FY 1994 level for FY 1997 through FY 2002. The 1998 NEW program year will begin July 1, 1998 and will end on June 30, 1999. Subsequent NEW program years will also begin on July 1 and end June 30 of the following year.

In order to receive funding for the 1998 through 2000 programs, eligible Tribes should complete and submit the attached 3-year New Program Plan. The electronic version of the NEW Program Plan Guidance and Report Requirements are available on the Division of Tribal Services Home Page, http://www.acf.dhhs.gov/programs/dts. Advance copies of the proposed NEW program plan were distributed to all NEW grantees for review and comment several months ago. Very few comments were received and those were favorable. The revised report and the decision for less frequent reporting were readily accepted.The Office of Management and Budget made very minor additions to the program plan and report forms. Consequently, the draft documents have been available for planning purposes so that NEW program conceptualized and development could be started prior to issuing official guidance.

The Notice of Proposed Rule Making for the Tribal Temporary Assistance for Needy Families (tribal TANF) and NEW will be submitted to OMB in the near future and published for comment.There are significant differences between the Tribal JOBS program and NEW. Consequently, program planners should become familiar with the proposed regulations and be aware of the flexibility provided in program design. Some of the highlights of the proposed regulations are that: NEW grantees are to specify their service populations and service areas; participation is not restricted to tribal members or TANF recipients; grantees that choose to serve TANF recipients are required to coordinate with the TANF and Welfare to Workagencies; NEW  activities and services should not be duplicative of TANF work activities; grantees are to define work activities and design their programs to address the unique circumstances of the reservation and participants; annual rather than quarterly program operational reports will be required; and the Form SF-269A financial report is still required.

The information contained in this plan document reflects ACF's understanding of the statute at this time and may be subject to revision or further clarification.

INSTRUCTION:To implement your 1998 through 2000 NEW Programs, you should complete the enclosed program plan document, have your authorized official sign the attached certifications in Appendix 1 and submit two copies of the entire package, one to the appropriate ACF Regional Office and the other to ACF Central Office. The NEW program plan should be submitted as soon as possible, but no later than June 1. However, the funding of the program can not occur until after plan approval.

Welfare reform has instituted a system which focuses on moving recipients to work and time-limited assistance. The law also repealed the Tribal JOBS program. The replacement program, NEW, is not as restrictive and offers many opportunities to be fashioned in ways to meet a variety of structural, service delivery and operational conditions. Consideration must be given to what resources and other programs are available on the reservation in designing the NEW program to supplement, conform and/or coordinate to provide the best possible mix of work activities and services for the population to be served. The emphasis should be placed on work activities that lead to employment or self sufficiency. Take the liberty and opportunity to be creative in delivering services to your NEW participants.

Included in this package is a NEW program plan checklist to assist you in submitting a completed plan document. Completed NEW program plans and signed certifications should be submitted to the appropriate ACF Regional Official listed in Appendix 2 of the program plan guidance with a copy to: Division of Tribal Services, Office of Community Services, Administration for Children and Families, 370 L'Enfant Promenade S.W., 5th Floor East, Washington, D.C. 20447 Attention: NEW Team. Completed packages may be faxed. Fax numbers for the regional offices are in Appendix 2 of theNEW plan guidance document. The fax number for Central Office is (202) 401-5718. The NEW plans will be jointly reviewed by the ACF Regional Offices and Central Office to verify that the NEW program requirements are met. Should any outstanding issues arise in the plans, the appropriate ACF Region will consult with the Tribe. The Tribes will be notified of plan approvals and grant awards. For additional information or questions contact your ACF Regional Office.

Grantees that are participating in the P.L. 102-477 Demonstration have already incorporated the 1997 NEW Program into their P.L. 102-477 plan in cases where no substantive program changes were made.If substantive changes to the service population, service area or work activities are to be made, a plan modification should be submitted to BIA in the usual manner. The modification must include at a minimum, a description of the population to be served, the work activities to be provided and any expected outcomes, as well as, any of the required certifications/assurances that are not already in the P.L. 102-477 plan.

Additional instructions are contained in the program plan guidance document. Questions regarding the P.L. 102-477 plan modifications should be directed to Ja-Na Oliver, NEW Team Leader, (202) 401-5713.

The new welfare reform law, PRWORA provides much more flexibility for the Tribes to design their NEW programs to meet the needs of the service populations, which they determine. Should a NEW Program grantee decide to serve Temporary Assistance for Needy Families (TANF) clients, close coordination with the state or tribal welfare agencies responsible for administering the TANF and Welfare-to-Work programs in the tribe's service areas will be required. Tribes and States may have to negotiate a working relationship to coordinate issues such as: what activities/services will be provided by each program; which TANF clients will be served by the NEW program; whether NEW work activities will count toward a TANF client's participation rate, and how tracking and client follow-up will occur. NEW Programs are not necessarily intended to be supplemental programs to TANF. Each Tribe will need to work out its own arrangements with the state based upon the resources available to serve tribal members that are TANF recipients.

Each NEW grantee will determine its service population, service area and work activities. Work activities and services provided by the NEW Program are not restricted to tribal members or TANF recipients.

Instructions for completing the annual NEW program report begin on page 8 in the attached package. The first report is due September 28, 1998, which is ninety days after the end of the program year for the 1997 program. Two reports should be submitted, one to the appropriate ACF Regional Office and one to ACF Central Office.  The addresses are the same as for the NEW plan submissions. However, the reports submitted to the ACF Central Office should be to the attention of the Data Collection Team.

102-477 grantees which receive NEW funding will report on the 102-477 report in the usual manner through the BIA.

INQUIRIES:Inquiries regarding NEW plans and reports should be directed to the appropriate ACF Regional Administrator . Inquiries regarding 102-477 should be directed to Ja-Na Oliver, NEW Team Leader, 202-401-5713.




Donald Sykes
Director
Office of Community Services

ATTACHMENT:
Overview of Native Employment Works (NEW) Program,
New Program Plan Guidance and Report Requirements

Native Employment Works (NEW) Program Plan Checklist


For further information, write:

Division of Tribal Services
370 L'Enfant Promenade
Washington, DC 20447
(202) 401-9214

Attention: Native Employment Works (NEW) Program Team

Feedback: jbushman@acf.dhhs.gov

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