Estate Planning Services for American Indians and Alaska Natives

The summary for the Estate Planning Services for American Indians and Alaska Natives grant is detailed below. This summary states who is eligible for the grant, how much grant money will be awarded, current and past deadlines, Catalog of Federal Domestic Assistance (CFDA) numbers, and a sampling of similar government grants. Verify the accuracy of the data FederalGrants.com provides by visiting the webpage noted in the Link to Full Announcement section or by contacting the appropriate person listed as the Grant Announcement Contact. If any section is incomplete, please visit the website for the Department of the Interior, which is the U.S. government agency offering this grant.

Estate Planning Services for American Indians and Alaska Natives: A. Program Description

The American Indian Probate Reform Act of 2004 (AIPRA), 25 U.S.C. § 4025(a) created a new Federal probate law that changes the way trust estates are distributed to heirs after a beneficiary’s death. The purpose of AIPRA is to preserve the trust status of Indian lands and to reduce the number of small fractionated interests. Through estate planning, American Indians and Alaska Natives who own assets may wish to create a will or sell, transfer or otherwise consolidate their interests in trust or restricted land. If an American Indian or Alaska Native who own assets does not have a will or estate plan, his/her assets will be distributed after death according to Federal or tribal laws.

The purpose of this Program is to facilitate the delivery of estate planning services to American Indians and Alaska Natives who own assets. This Program will provide funding in support of estate planning in efforts to prevent and reverse fractionation.

The authority for this program is 25 U.S.C. § 2206. Descent and distribution, (f) Estate planning assistance, (3) Probate code development and legal assistance grants.

The CFDA number for this program is 15.155 – Office of the Special Trustee for American Indians, Field Office.

B. Award Information

In accordance with the criteria set forth in the Federal Grand and Cooperative Agreement Act (31 U.S.C. § 6304 and 6305), the assistance instrument for this funding opportunity will be a grant. The Department of the Interior (DOI) expects to award one grant in an amount not to exceed $350,000.00 for Fiscal Year (FY) 2015. The period of performance for FY 2015 is date of award through September 30, 2015.

The award recipient will be the Project Administrator and be responsible for execution and management of an estate planning program. The program will consist of four objectives: preparation, coordination, monitoring/reporting, and recommendation. The award recipient will provide direct legal service providers, either themselves or through sub-recipients, to trust beneficiaries.

Objective I – Development of the Implementation Plan. Prepare an Implementation Plan for Estate Planning in Indian Country. The minimum the plan should include:

1. Identification of the communities to be served must be specified and meet the following criteria:

a. Community has a concentration of resident beneficiaries who own fractionated trust interests, including highly fractionated tracts
b. Community is remote or lacks (or has limited) estate planning resources
c. Consideration of whether the community has an active Tribal Fractionation Reduction Program

2. Estimates of costs, staffing, training, and logistical requirements for each priority community.

3. Identification of outreach programs for each priority community.

4. Identification of the preferred method or source of service delivery for each community.

5. Identification of sub-recipients, including specifications relative to selection methods for sub-recipients.

6. Identification of the communities and reservations where tailored estate planning training and guidance must be provided to sub-recipients.

7. Identification of timelines specifying dates for delivery of service to each of the communities.

8. Sample monthly reporting form to be completed by legal service providers.

9. Identification of potential issues by community and region.

Objective II: Coordination of Delivery of Estate Planning Services

The award recipient will identify legal service providers for each of the priority communities, and lead the effort to provide estate planning services. The recipient will be responsible for providing training to legal service providers to conduct community outreach events in Indian communities. Selected legal service providers shall provide the following to beneficiaries:

• Education regarding estate planning under AIPRA;
• Estate Planning services including preparation of wills and codicils;
• Counseling and assistance regarding gift deed transfers, and
• Counseling and assistance regarding estate management

Objective III: Monitor Service Provider Performance and Grant Effectiveness

During the period of performance, the award recipient must report on activities as follows:

1. Track and account for expenditures for each legal service provider;

2. Review and summarize the legal service providers’ monthly reports and provide quarterly reports to DOI on the following:

•efficacy of the use of funds;
•the number of beneficiaries served;
•the number of beneficiaries served owning fractionated interests (two or more interest holders);
•the approach recommended or used to deal with the fractionation (e.g. will or gift deed transfer);
•the number of estate plans prepared, and the number executed;
•the number of individuals involved in providing estate planning services;
•the number of hours spent in providing estate planning services to beneficiaries;
•the number of community outreach programs conducted;
•the location of each community outreach program;
•the location and agenda of each training session;
•where training was provided: the agenda of each training session and the number of trainees; and
•other such information requested by the Department.

3. On at least a quarterly basis communicate the status of project issues;

4. Coordinate and review the results of audits.

Objective IV: Grant Reporting and Recommendations

At the completion of the period of performance, the award recipient will prepare a report that summarizes overall performance of the program in fiscal year 2015, including a short assessment of the effectiveness of each legal service provider. Additionally, the award recipient shall present recommendations for estate planning programs that may commence in fiscal year 2016.

C. Eligibility Information

1. In accordance with 25 U.S. C. § 2206. Descent and distribution, (f) Estate planning assistance, (3) Probate code development and legal assistance grants, the DOI Secretary may award grants to:

a. Indian tribes, for purposes of tribal probate code development and estate planning services to tribal members;

b. Organizations that provide legal assistance services for Indian tribes, Indian organizations, and individual owners of interests in trust or restricted lands that are qualified as nonprofit organizations under section 501(c)(3) of the Internal Revenue Code of 1986 and provide such services pursuant to Federal poverty guidelines, for purposes of providing civil legal assistance to such Indian tribes, individual owners, and Indian organizations for the development of tribal probate codes, for estate planning services or for other purposes consistent with the service they provide to Indians and Indian tribes; and

c. In specific areas and reservations where qualified nonprofit organization referred to in subparagraph (b) do not provide such legal assistance to Indian tribes, Indian organizations, or individual owners of trust or restricted land, to other providers of such legal assistance.

2. Cost sharing is not required.

D. Application and Submission Information

1. Address to Request Application Package – This announcement contains everything needed to apply. However, applicants may request a paper copy of the application package by contacting Brenda McGehee at [email protected]

2. Content and Form of Application Submission.

a. The Implementation Plan for Estate Planning in Indian Country, referenced under B Federal Award Information, is limited to: (1) 8 pages excluding graphics (graphics may be attached but cannot exceed 4 pages); (2) Font size 12; (3) Typeface Times New Roman; (4) Paper size is 8 ½ by 11; (5) Margins of 1 inch.

b. Component pieces of the application must include:

i. Application for Federal Assistance SF-424
ii. Budget Information – Non-Construction Programs, SF-424A
iii. Budget Narrative/Justification
iv. Assurances – Non-Construction Programs, SF-424B
v. Standard Form LLL – Disclosure of Lobbying Activities
vi. For non-profit organizations, documentation of non-profit status
vii. Implementation Plan for Estate Planning in Indian Country
viii. Resume of Individual who will be Project Administrator for Recipient

3. Dun and Bradstreet Universal Numbering System (DUNS) Number and System for Award Management (SAM)

a. Each applicant is required to:

i. Be registered in SAM before submitting their application
ii. Provide a valid DUNS number on their application
iii. Continue to maintain an active SAM registration with current information at all times during which they have an active Federal award

A. Applicants are required to provide a Dun and Bradstreet (D&B) Data Universal Numbering System (DUN) number when applying for Federal grants or cooperative agreements. It is a unique, 9-digit identification number which provides unique identifiers of single business entities. The DUNS number is free and easy to obtain at www.dnb.com

B. Applicants can register with SAM online at https://www.sam.gov Applicants should allow a minimum of 5 days for the registration to activate. Check for active registration well before the application deadline.

i. The grant awardee can only make subawards to entities that have DUNS numbers. Subawards are defined as a legal instrument to provide support for the performance of any portion of the substantive project or program awarded to the prime recipient who the prime recipient awards to an eligible subrecipient; or awarded by a subrecipient at one tier to a subrecipient at the next lower tier. The definition does not include procurement of incidental property and services needed to carry out the award project or program.

C. The Department of the Interior may not make a Federal award to an applicant until the applicant has complied with all applicable DUNS and SAM requirements. If an applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another applicant.

4. Submission Dates and Times
a. The deadline for submission of application is January 22, 2015, at 3 p.m. Mountain Time.

b. This is the date and time by which the Department of the Interior must receive the application.

c. Applications that miss the deadline will not be considered.

d. Applications must be submitted by one of the following methods:

i. Paper applications must be mailed to Brenda McGehee, Contracting Officer, Interior Business Center, Mail Stop D2940, 7301 W. Mansfield Avenue, Lakewood, Colorado 80235.

ii. Electronic applications must be submitted through Grants.Gov.

5. Funding Restrictions

a. Funds may be used for salaries of personnel specifically employed for the Program; consultant fees; supplies and equipment necessary to conduct the Program; essential travel expenses and student stipends; and other expenses related to the Program. Indirect costs are allowed for administrative costs incurred as a result of the Program, but are limited to 15 percent of direct costs.

b. Pre-award costs are allowable only to the extent that they would have been allowable if incurred after the date of the Federal award and only with the written approval of the Department of the Interior.

E. Application Review Information

1. The Department of the Interior evaluators will use the following criteria in the application review process.

A. The applicant’s Implementation Plan for Estate Planning in Indian Country which illustrates commitment and ability to assure consistent and efficient delivery of estate planning services to American Indian and Alaska Natives who own Indian trust assets. The Plan promotes the purposes of land consolidation, as set out in U.S. Code, Title 25 – Indians, Chapter 24 – Indian Land Consolidation. The Plan should also illustrate the extent to which the applicant will utilize qualified and experienced entities for subawards to provide services in communities located throughout Indian Country. 40 Points.

B. The degree to which the application adequately provides for the requirements set forth in Title 25 – Indians, Chapter 24 – Indian Land Consolidation §2201 through §2221. 25 Points.

C. The capacity of the applicant to make prompt, efficient and effective use of the grant. 25 Points. The subfactors to be considered include:

i. Cost/total American Indians to be served (ratio)

ii. Demonstrated readiness of the applicant (based on staff numbers, education, and experience with this type of estate planning)

iii. The extent to which the application indicates interest in meeting the expectations detailed in U.S. Code Title 25 – Indians, Chapter 24 – Indian Land Consolidation.

D. Applicants ability to effectively demonstrate/explain how they propose to utilize the grant to provide high quality estate planning services effectively to the American Indians and Alaska Natives who own fractionated interests in trust assets where estate planning and will writing could reduce the likelihood of fractionation. The land owners are often residents of communities that lack, or have limited, estate planning services. 10 Points.

2. A review panel consisting of 3 management level individuals within the DOI Office of Special Trustee for American Indians will evaluate applications that pass the screening and meet the responsiveness criteria. Based on the application review criteria outlined in Item 1, the reviewers will comment on and score the applications, focusing their comments and scoring decisions on the identified criteria. In addition to the review panel, DOI staff will review each application for programmatic, budgetary, and grants management compliance.

The final award decision will be made by the Grants Officer for the Interior Business Center of the Department of the Interior in consultation with the review panel at the Office of Special Trustee for American Indians.

3. Anticipated Announcement and Federal Award Dates

The Department of the Interior anticipates announcing or notifying successful and unsuccessful applicants by February 13, 2015 and having the Grant in place by February 20, 2015.

F. Award Administration Information

1. Award Notices

a. The official document notifying an applicant that a project application has been approved for funding is the grant document approved by the Grants Officer of the Interior Business Center of the Department of the Interior. The successful applicant will receive the grant document via e-mail. This document will notify the successful recipient of the amount of money awarded, the purposes of the grant, the anticipated length of the project period, and terms and conditions for the grant award. The grant document will also identify the Grants Management Specialist and the Program Project Officer assigned to the grant.

b. Unsuccessful applicants will be notified by the program office by email and/or letter and will receive summary comments pertaining to the application resulting from the review process.

2. Administrative and National Policy Requirements

a. Acceptance of a Federal Financial Assistance award from the Department of the Interior carries with it the responsibility to be aware of and comply with the terms and conditions of award. Acceptance is defined as the start of work, draw down of funds, or accepting the award via electronic means. Awards are based on applications submitted to and as approved by the Department and are subject to the terms and conditions incorporated either directly or by reference in the following:

• Program legislation/regulation
• Special terms and conditions
• Code of Federal Regulations/Regulatory Requirements, as applicable
• 25 CFR Part 1200 American Indian Trust Fund Management Reform Act
• 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
• Department of the Interior Guidance Release 2014-04 Reporting Subawards and Executive Compensation
• Department of the Interior Guidance Release 2011-03 Financial Assistance Monitoring Protocol

b. Grant funds may only be used to support activities outlined in the Implementation Plan. The successful applicant will be responsible for the overall management of activities within the scope of the Implementation Plan.

c. Financial Reporting Requirements: The Recipient will be required to submit financial reports using the SF-425 Federal Financial Report within 90 days of the end of the performance period (each fiscal year). The purpose of financial reports is to ensure that expenses are recorded in the proper period and for de-obligating funds at the end of the Grant period. The SF-425 Federal Financial Report form is available from the OMB website: http://www.whitehouse.gov/omb/grants/standard_forms/ff_reorts.pdf. Instructions for completing the form are available at the following website:
http://www.whitehouse.gov/omb/grants/standard_forms/ffr_instructions.pdf. Send one original of the report to the Grants Officer and a copy to the COR by electronic mail or regular mail.

3. Non-Competing Continuation Applications and Awards

Each year of the approved program period, the grantee is required to submit a noncompeting application which includes a progress report for the current budget year, and a work plan, budget and budget justification for the upcoming year. Specific guidance will be provided well in advance of the application due date.