[Federal Register Volume 62, Number 160 (Tuesday, August 19, 1997)]
[Rules and Regulations]
[Pages 44080-44082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21868]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 46


Adult Education Program

RIN 1076-AA15
AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is publishing regulations 
to establish procedures for the operation of BIA's Adult Education 
Program.
    The final rule establishes administrative procedures which will 
provide reporting uniformity and compliance with legislative management 
policies.

EFFECTIVE DATE: September 18, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Garry R. Martin, Bureau of Indian 
Affairs, Office of Indian Education Programs, Branch of Post-Secondary 
Education, 1849 C Street, NW, MS-3512-MIB, Washington, D.C. 20240, 
Phone (202) 208-3478.
SUPPLEMENTARY INFORMATION: On December 30, 1987, the BIA published 
proposed Adult Education Program rules in the Federal Register. In view 
of the considerable passage of time since that publication, the rule 
was reproposed and reprinted in the Federal Register on August 25, 
1994.
    In accordance with the 1987 publication, the BIA in January, 1991 
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. All 
comments, objections, and suggested changes received in response to the 
1987 Federal Register publication and the 1991 consultation meetings 
were considered in reproposing the rule. All BIA Area Offices, tribal 
leaders, and tribal offices were notified regarding the August 25, 
1994, publication of the

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proposed rule in the Federal Register and dates of the open comment 
period. Announcement of the publication of the proposed rule and 
closing date for the comment period was also made at a national State/
Tribal Adult Education Symposium which was held in St. Paul, Minnesota, 
on October 12-14, 1994. Two public memoranda were received within the 
time frame of the open comment period. One memorandum which followed 
the format of a press release addressed primary information informing a 
general tribal constituency of the publication of the proposed rule in 
the Federal Register on August 25, 1994; provided the amount of the FY 
1994 BIA appropriation for adult education; and provided the deadline 
date for receipt of public comments (November 23, 1994). A second 
memorandum addressed an eligible activity, in Sec. 46.10(b) of this 
Part which reads: ``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.'' Concern focused on the 
purpose of this activity not being clear. This Part is directed toward 
defining adult education as adult basic education and literacy 
education without focusing on educational areas which require a long-
term emphasis. Adult education should not be regarded as continuing 
education to achieve more specialization to remain current in an 
educational subject/field or any other kind of specialized education 
that is normally received through formal post-secondary education. In 
addition, numerous phone calls were received regarding BIA's funding 
levels for adult education. Many callers wanted to know if the BIA was 
announcing new funding resources or if additional monies had been 
appropriated for the BIA's Adult Education Program. BIA told these 
callers that the proposed rule did not reflect new or additional funds.
    The eligibility definition of Indian students participating in BIA 
elementary/secondary programs is contained within 25 U.S.C. Section 
2008(f)(1). In this section ``eligible Indian student'' means a student 
who is a member of or is at least a \1/4\ degree Indian blood 
descendant of a member of an Indian tribe which is eligible for the 
special programs and services provided by the United States through the 
Bureau of Indian Affairs to Indians because of their status as Indians. 
In this rule, the BIA has decided to use that same definition for 
purposes of defining eligibility for adult education. The controlling 
factors in determining to use this definition were continuity and 
consistency for all of the Bureau educational services.
    The definition of ``Adult'' has been expanded to negate any 
duplication of services to participants who may meet the definition of 
``adult'' but may fall within an age category that could receive 
services as a secondary school student and be eligible also to receive 
services through an adult education program.
    The definition of Adult Education Office has been expanded to 
identify Tribal Priority Allocation (TPA). TPA is the system by which 
the tribes prioritize their Adult Education Program funding, from the 
BIA.
    Information collection requirements contained in this Part have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1076-0120.
    This rule is a significant rule under Executive Order 12866 and has 
been reviewed by the Office of Management and Budget.
    The Department of the Interior has determined that this final rule 
does not constitute a major federal action significantly affecting the 
quality of the human environment and no detailed statement was required 
pursuant to the National Environmental Policy Act of 1969. This rule 
has been reviewed under Executive Order 12866.
    This rule will not have a significant economic impact on a 
substantial number of small entities under 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 3(a) and 3(b)(2) of Executive Order 12988.
    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 Garry R. Martin, Branch of 
Post-Secondary Education, Office of Indian Education Programs, Bureau 
of Indian Affairs, Washington, D.C.

List of Subjects in 25 CFR Part 46

     Adult education, Education, Indians--education.

    For the reasons set out in the preamble, a new part 46 is added to 
subchapter E of chapter I, title 25 of the Code of Federal Regulations 
as set forth below.

PART 46--ADULT EDUCATION PROGRAM

Subpart A--General Provisions

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.

Subpart B--[Reserved]

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

Subpart A--General Provisions


Sec. 46.1  Purpose and scope.

    The purpose of the Adult Education 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 adult 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 adult secondary 
education.


Sec. 46.2  Definitions.

    As used in this part:
    Adult means an individual who has attained the age of sixteen or is 
beyond the age of compulsory school attendance under State or tribal 
law and not currently enrolled in a formal secondary or post-secondary 
educational program.
    Adult Basic Education (ABE) means instruction designed for an adult 
who:
    (1) Has minimal competence in reading, writing, and computation;
    (2) Cannot speak, read, or write the English language sufficiently 
to allow employment commensurate with the adult's real ability;
    (3) Is not sufficiently competent to meet the educational 
requirements of an adult consumer; or

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    (4) In grade level measurements that would be designated as grades 
0 through 8.
    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 a GED.
    Adult Education Office means the BIA or tribal office administering 
funds appropriated to the BIA, under the TPA, for Adult Education 
programs.
    Adult Secondary Education means instruction designed for an adult 
who:
    (1) Is literate and can function in everyday life, but is not 
proficient as a competitive consumer or employee; or
    (2) Does not have a certificate of graduation (or its equivalent) 
from a school providing secondary education and in grade level 
measurements that would be designated as grades 9 through 12.
    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 of, or is at least a one-
fourth degree Indian blood descendent of a member of, an Indian tribe, 
and is eligible for the special programs and services provided by the 
United States through the Bureau of Indian Affairs to Indians because 
of their status as Indians;
     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 of the Interior for the special programs and services 
provided by the Secretary to Indians because of their status as 
Indians.
    Tribal Priority Allocation (TPA) means the BIA's budget formulation 
process that allows direct tribal government involvement in the setting 
of relative priorities for local operating programs.
    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.

    Information collection requirements contained in this part have 
been approved by the Office of Management and Budget under 44 U.S.C. 
3501 et seq. and assigned clearance number 1076-0120. This information 
is being collected to determine eligibility of Indian applicants and 
will be used to prioritize programs. Response to this request is viewed 
as voluntary. Public reporting burden for this form is estimated to 
average 3 hours per response, including the time for reviewing 
instructions, gathering, maintaining data, completing and reviewing the 
form. Direct comments regarding the burden estimate or any other aspect 
of this form may be directed 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 #1076-0120), Washington, DC 20503.


Sec. 46.10  Eligible activities.

     (a) Subject to availability of funds, funds appropriated for the 
BIA'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;
     (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 Adult Education Program must be implemented in accordance 
with a plan established by the 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 will implement the program or 
project that is designed to address the needs of the Indian adults in 
the service area. To determine the needs of Indian adults in the area, 
the Adult Education Office must consider:
    (1) Elementary/secondary school dropout or absentee rates;
    (2) Average grade level completed;
    (3) Unemployment rates; and
    (4) Other appropriate measures.
    (b) The Adult Education Office, to ensure efforts that no 
duplication of services exists, will identify other services in the 
area, including those offered by Federal, State and Tribal entities, 
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 must establish and maintain an 
evaluation plan.
    (1) The plan must 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 must 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 TPA process.


Sec. 46.30  Records and reporting requirements.

    (a) The Adult Education Office will annually submit a report on the 
previous project year's activities to the Director, Office of Indian 
Education Programs. The report must 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; and
    (3) A narrative summary of the activities conducted under the 
project.
    (b) Each Adult Education Office must:
    (1) Submit any records and information that the Director requires 
in connection with the administration of the program; and
    (2) Comply with any requirements that the Director may impose to 
ensure the accuracy of the reports required by this part.

Subpart B--[Reserved]

    Dated: August 7, 1997.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 97-21868 Filed 8-18-97; 8:45 am]
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