[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20970]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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Part VIII





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 46




Adult Education Program; Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 46

RIN 1076-AA15

 
Adult Education Program

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is proposing a new 
regulation that will establish procedures for the operation of the 
BIA's Adult Education Program.

DATES: Public comments must be received November 23, 1994.

ADDRESSES: Mail or hand deliver comments to the Director, Office of 
Indian Education Programs, Bureau of Indian Affairs, Department of the 
Interior, Main Interior, Room 3530, Code 500, 1849 C St. NW, 
Washington, D.C. 20240.

FOR FURTHER INFORMATION CONTACT: Ruby Cozad, at telephone number: (202) 
208-4871.

SUPPLEMENTARY INFORMATION: On December 30, 1987, the Bureau published 
proposed Adult Education Program rules in the Federal Register. These 
regulations are being re-proposed because of the considerable passage 
of time since that publication. In January, 1991, the Bureau conducted 
consultation meetings with tribes, parents, school boards, and other 
interested parties concerning the Adult Education Program regulations. 
Oral testimony and written statements were received in the Office of 
Indian Education Programs until February 26, 1991. The Bureau 
considered the comments, objections, and suggested changes received in 
response to the 1987 Federal Register publication and the 1991 
consultation meetings in re-proposing these regulations.
    This proposed rule is published in exercise of authority delegated 
by the Secretary of the Interior to the Assistant Secretary--Indian 
Affairs by 209 DM 8.
    The information and record keeping requirements contained in this 
rule will be submitted to the Office of Management and Budget for 
approval as required by 44 U.S.C. 3501 et seq. The collection of this 
information will not be required until approved by the Office of 
Management and Budget.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the location identified in the 
ADDRESSES section of this document.
    The Department of the Interior has determined that this proposed 
rule does not constitute a major federal action significantly affecting 
the quality of the human environment and no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.
    The Department of the Interior has determined that this regulation 
is a major rule under Executive Order 12866 and therefore will be 
reviewed by the Office of Management and Budget.
    This rule will not have a significant impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.). These regulations will affect 
only the delivery of adult education services to eligible individual 
Indian adults. They will not have an impact on small entities as 
defined in the Act.
    The Department has certified to the Office of Management and Budget 
that these proposed regulations meet the applicable standards provided 
in sections 2(a) and 2(b)(2) of Executive Order 12778.
    In accordance with Executive Order 12630, the Department has 
determined that this rule does not have significant takings 
implications.
    The Department has determined that this rule does not have 
significant federalism effects.
    The primary author of this document is Mr. Harvey Jacobs, Education 
Specialist, Branch of Post Secondary Education, Office of Indian 
Education Programs.
    The eligibility of Indian adults participating in this program is 
contained within 25 U.S.C. Section 2008(f)(1). The Bureau feels the 
definition ``eligible Indian student'' stated in the aforementioned 
statute should be extended to Indian adults participating in this 
program. Comments are especially desired on this section of 
eligibility.

List of Subjects in 25 CFR Part 46

    Indian adults, Adult Education, Record keeping requirements. For 
the reasons set out in the preamble, a new Part 46 of Subchapter E of 
Chapter I, Title 25 of the Code of Federal Regulations is proposed to 
be added as set forth below.

PART 46--ADULT EDUCATION PROGRAM

Sec.
46.1  Purpose and scope.
46.2  Definitions.
46.3  Information collection.
46.10  Eligible activities.
46.20  Program requirements.
46.30  Records and reporting requirements.
46.40  Appeals.

    Authority: 43 U.S.C. 1457; 25 U.S.C. 2, 9, and 13.


Sec. 46.1  Purpose and scope.

    The Adult Education Program, administered under the authority of 
the Snyder Act of November 2, 1921 (25 U.S.C. 13), provides assistance 
to eligible Indian adults. The purpose of the program is to:
    (a) improve educational opportunities for Indian adults who lack 
the level of literacy skills necessary for effective citizenship and 
productive employment;
    (b) expand and improve existing programs for delivering adult 
education services, including delivery of these services to 
educationally disadvantaged Indian adults; and
    (c) encourage the establishment of adult education programs that 
will:
    (1) enable Indian adults to acquire the basic educational skills 
necessary for literate functioning;
    (2) provide Indian adults with sufficient basic education to enable 
them to benefit from job training and retraining programs and to obtain 
and retain productive employment so that they might more fully enjoy 
the benefits and responsibilities of citizenship; and
    (3) enable Indian adults, who so desire, to continue their 
education to at least the level of completion of secondary school.


Sec. 46.2  Definitions.

    As used in this Part:
    Adult means an individual who has attained the age of sixteen.
    Adult Education means services or instruction below the college 
level for adults who:
    (1) Lack sufficient mastery of basic educational skills to enable 
them to function effectively in society; or
    (2) Do not have a certificate of graduation from a school providing 
secondary education and have not achieved an equivalent level of 
education.
    Adult Basic Education (ABE) means instruction designed for an adult 
who:
    (1) Has minimal competence in reading, writing, and computation;
    (2) Is not sufficiently competent to speak, read, or write the 
English language to allow employment commensurate with the adult's real 
ability; or
    (3) Is not sufficiently competent to meet the educational 
requirements of adult life.
    (4) Is included in grades 0 through 8.
    Adult Secondary Education means instruction designed for an adult 
who:
    (1) Is literate and can function in everyday life, but is not 
proficient; or
    (2) Does not have a certificate of graduation (or its equivalent) 
from a school providing secondary education.
    (3) Is included in grades 9 through 12.
    Adult Education Office means the Area Office administering funds 
appropriated to the Bureau for Adult Education programs.
    Assistant Secretary means the Assistant Secretary-Indian Affairs, 
Department of the Interior, or his/her designee.
    Bureau means the Bureau of Indian Affairs.
    Department of Education (ED) means the U.S. Department of 
Education.
    Director means the Director, Office of Indian Education Programs, 
Bureau of Indian Affairs.
    Indian means a person who is a member, or is at least a one-fourth 
degree Indian blood descendent of a member, of a federally recognized 
Indian tribe, eligible to receive services from the Department of the 
Interior.
    Indian Priority System (IPS) means the Bureau's budget formulation 
process that allows direct tribal government involvement in the setting 
of relative priorities for local operating programs.
    Indian tribe means any Indian tribe, band, nation, rancheria, 
pueblo, colony or community, including any Alaska native village or 
regional or village corporation as defined in, or established pursuant 
to, the Alaska Native Claims Settlement Act (85 Stat. 668) that is 
Federally recognized by the United States Government through the 
Secretary for the special programs and services by the Secretary to 
Indians because of their status as Indians.
    Secretary means the Secretary of the Department of the Interior.
    Service area means the geographic area served by the local Adult 
Education Program.


Sec. 46.3  Information collection.

    (a) The information and record keeping requirements contained in 
this rule will be submitted to the Office of Management and Budget for 
approval as required by 44 U.S.C. 3501 et seq. The collection of 
information will not be required until it has been approved by the 
Office of Management and Budget.
    (b) This information is being collected to determine eligibility of 
Indian applicants and will be used to prioritize programs. Response to 
this request is voluntary. No action will be taken against you for 
refusing to supply the information requested. Public reporting burden 
for this form is estimated to average three hours per response, 
including the time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing the form. Direct 
comments regarding the burden estimate or any other aspect of this form 
to the BIA Information Collection Clearance Officer, Division of 
Management Support, 1849 C Street, NW, Washington, DC 20245; and the 
Office of Management and Budget,     Paperwork         Reduction        
 Project         (OMB #    ), Washington, DC 20503.


Sec. 46.10  Eligible activities.

    (a) Subject to the availability of funds, funds appropriated for 
the Bureau's Adult Education Program may be used to support local 
projects or programs designed to:
    (1) Enable Indian adults to acquire basic educational skills, 
including literacy;
    (2) Enable Indian adults to continue their education through the 
secondary school level;
    (3) Establish career education projects intended to improve 
employment opportunities; and
    (4) Provide educational services or instruction for elderly, 
disabled or incarcerated Indian adults;
    (5) Prepare individuals to benefit from occupational training; and
    (6) Teach employment-related skills.
    (b) Funds should not be used to support programs designed solely to 
prepare Indian adults to enter a specific occupation or cluster of 
closely related occupations.
    (c) The BIA's Adult Education Program shall be implemented for the 
benefit of eligible adult Indians, in accordance with a plan 
established by tribe(s) affected by the program. The tribe(s) may 
determine to set standards in addition to those established in this 
Part.


Sec. 46.20  Program requirements.

    (a) The Adult Education Office shall implement the program or 
project that is designed to address the needs of the Indian adults in 
the service area. In determining the needs of Indian adults in the 
area, the Adult Education Office shall consider:
    (1) Elementary and secondary school dropout or absentee rates;
    (2) Average grade level completed;
    (3) Unemployment rates; or
    (4) Other appropriate measures.
    (b) The Adult Education Office, to ensure efforts that no 
duplication of services exists, shall identify other services in the 
area, including those offered by the tribe(s), that are designed to 
meet the same needs as those to be addressed by the project, and the 
number of Indian adults who receive those services.
    (c) The Adult Education Office shall establish and maintain an 
evaluation plan.
    (1) The plan shall be designed to measure the project's 
effectiveness in meeting each objective and the impact of the project 
on the adults involved; and
    (2) The plan shall provide procedures for periodic assessment of 
the progress of the project and, if necessary, modification of the 
project as a result of that assessment.
    (d) Subject to the availability of funds, the project is to be 
supported under the funding level established for Adult Education in 
the formulation of the budget under the Indian Priority System process.


Sec. 46.30  Records and reporting requirements.

    (a) The Adult Education Office shall annually submit a report on 
the previous project year's activities to the Director. The Report 
shall include the following information:
    (1) The type of eligible activity, under Sec. 46.10, conducted 
under the project(s).
    (2) The number of participants acquiring the GED, high school 
diploma, and other certificates of performance.
    (3) A narrative summary of the activities conducted under the 
project.
    (4) Each Adult Education Office shall submit any records and 
information that the Director requires in connection with the 
administration of the program and shall comply with such requirements 
as the Director may find necessary to ensure the accuracy of such 
reports.
    (b) [Reserved]


Sec. 46.40  Appeals.

    A decision of any Bureau official under this Part can be appealed 
pursuant to the procedures in 25 CFR part 2.

    Dated: June 3, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-20970 Filed 8-24-94; 8:45 am]
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