[Federal Register Volume 67, Number 71 (Friday, April 12, 2002)]
[Notices]
[Pages 17976-17978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8970]


-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Tribally Controlled Postsecondary Vocational and Technical 
Institutions Program

AGENCY: Office of Vocational and Adult Education, Department of 
Education.

ACTION: Notice of proposed extension of project period and waiver.

-----------------------------------------------------------------------

SUMMARY: We propose to waive the requirement in 34 CFR 75.261(c)(2) as 
it applies to projects funded under the Tribally Controlled 
Postsecondary Vocational and Technical Institutions Program (TCPVTIP) 
in fiscal year (FY) 2001. We propose this waiver in order to be able to 
extend the project periods for the two current FY 2001 grants awarded 
under the TCPVTIP. A waiver as proposed would mean that: (1) Current 
grants may be continued at least through FY 2004 (depending on the 
availability of appropriations for TCPVTIP in subsequent years under 
the current statutory authority), instead of ending in FY 2002, and (2) 
we would not announce a new competition or make new awards in FY 2002, 
as previously planned.
    We are requesting public comments on the proposed extension and 
waiver.

DATES: We must receive your comments on or before May 13, 2002.

ADDRESSES: Address all comments about this proposed extension and 
waiver to Sharon A. Jones, U.S. Department of Education, 400 Maryland 
Avenue, SW., room 4515, Mary E. Switzer Building, Washington, DC 20202-
7242. If you prefer to send your comments through the Internet, use the 
following address: [email protected].

FOR FURTHER INFORMATION CONTACT: Sharon A. Jones. Telephone (202) 205-
9870.
    If you use a telecommunications device for the deaf (TDD), you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this proposed extension 
and waiver in an alternative format (e.g., Braille, large print, 
audiotape, or computer diskette) on request to the contact person 
listed under FOR FURTHER INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:   

[[Page 17977]]

Background

    On March 28, 2001 (66 FR 17036), we issued a notice inviting 
applications for new awards under the TCPVTIP for FY 2001. In that 
notice, we announced that the project period would be three years for 
grants awarded under the competition. On May 16, 2001 (66 FR 27080), we 
issued a notice modifying the March 28th notice by reducing the project 
period from three years to one year and extending the application 
deadline. The one-year project period was intended to provide time for 
affected parties to confer with us and the Congress on the future 
implementation of the TCPVTIP. However, after the May 16th notice was 
published, Congress enacted the Supplemental Appropriations Act, 2001, 
Pub. L. 107-20. Section 2701 of Pub. L. 107-20 amended section 117 of 
the Carl D. Perkins Vocational and Technical Education Act of 1998 
(Perkins Act), which authorizes the TCPVTIP, and clarified 
congressional intent with respect to the implementation of the TCPVTIP 
by--
    (a) Limiting eligibility to tribally controlled postsecondary 
vocational and technical institutions that do not receive Federal 
support under the Tribally Controlled College or University Assistance 
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College 
Act (25 U.S.C. 640a et seq.); and
    (b) Authorizing the use of funds under the TCPVTIP for 
institutional support.
    In light of section 2701 of Pub. L. 107-20, and congressional 
action taken regarding eligibility and use of funds for institutional 
support, we believe that multi-year awards, rather than one-year 
awards, are now more appropriate for projects under this program and 
that they would result in a more efficient use of Federal funds. 
Specifically, we believe that it is now preferable and in the best 
interest of the TCPVTIP for us to issue continuation awards to the 
existing FY 2001 grantees, rather than hold a new competition in FY 
2002.
    Moreover, the Perkins Act, which includes the TCPVTIP, expires at 
the end of FY 2003. With the uncertainties presented by the absence of 
authorizing legislation for the TCPVTIP beyond 2003, it does not appear 
to be advisable to hold a competition in FY 2003 for projects that 
would operate in FY 2004. We are generally reluctant to announce a 
competition whereby eligible entities would be expected to proceed 
through the application preparation and submission process while 
lacking critical information, and do not think that it would be in the 
public interest to do so in this case.
    In addition, it is unlikely that the very limited group of eligible 
tribally controlled postsecondary vocational and technical 
institutions, other than the two current grantees, would undertake the 
effort and cost of applying for funding in FY 2002 or FY 2003 with the 
authorizing legislation expiring at the end of FY 2003. Thus, a new 
competition is likely merely to cause existing grantees to expend 
valuable time and resources applying for program funding under the 
existing authority, while not providing a meaningful funding 
opportunity for the limited group of other eligible applicants to apply 
for Federal funding.

EDGAR Requirement

    In order to provide for multi-year awards, we must waive the 
requirement in 34 CFR 75.261(c)(2), which establishes the conditions 
for extending a project period, including prohibiting the extension of 
a program's project period if it involves the obligation of additional 
Federal funds.
    This proposed extension and waiver would allow us to make 
continuation grants at least in FY 2002 and FY 2003 and perhaps beyond 
2003 if Congress continues to appropriate funds for the program under 
the current statutory authority.

Programs Affected

    The two FY 2001 grantees affected by this proposed extension and 
waiver are Crownpoint Institute of Technology (CIT) and United Tribes 
Technical College (UTTC). This proposed extension and waiver proposes 
to extend the current grantees' project periods for two years and for 
any additional years for which Congress appropriates funds under the 
current statutory authority. Decisions regarding continuation awards 
will be made based on Grant Performance Reports submitted by CIT and 
UTTC and the regulations at 34 CFR 75.253. Consistent with 34 CFR 
75.253, we would extend each grant if we determined, among other 
things, and based on information provided by each grantee, that each 
grantee was making substantial progress performing grant activities. 
Under this proposed extension and waiver, (1) the project period for 
CIT could be extended to August 31, 2004 and UTTC's project could be 
extended to July 31, 2004 and (2) additional continuation awards could 
be made for any additional year or years for which Congress 
appropriates funds under existing statutory authority.
    We do not interpret the waiver as exempting the two current 
grantees from the account closing provisions of Pub. L. 101-510, or as 
extending the availability of FY 2001 funds awarded to the grantees. As 
a result of Pub. L. 101-510, appropriations available for a limited 
period may be used for payments of valid obligations for only five 
years after the expiration of their period of availability for Federal 
obligation. After that time, the unexpended balance of those funds is 
canceled and returned to the Treasury Department and is unavailable for 
restoration for any purpose.
    We are proposing this extension and waiver in order to--
    (1) Give the current grantees early notice of the possibility that 
additional years of funding may be available through continuation 
awards;
    (2) Provide other eligible entities with notice that if this 
proposal for extension and waiver is published in final form, the 
Department will not be announcing a competition under this program in 
FY 2002; and
    (3) Request comments on this proposed extension and waiver.

Invitation To Comment

    We invite you to submit comments regarding this proposed extension 
and waiver. We are particularly interested in receiving comments on the 
potential impact the extension and waiver may have on eligible tribally 
controlled postsecondary vocational and technical institutions that are 
not currently grantees and that may be interested in applying for 
funding under this program prior to FY 2004, since the proposed 
extension and waiver would effectively postpone, for at least two or 
more years, the opportunity for funding new grantees.
    We also invite comments on the proposed extension and waiver from 
Indian tribal governments or their representative organizations, under 
the terms of Executive Order 13175 (Tribal Consultation).
    Additionally, we invite you to assist us in complying with the 
specific requirements of Executive Order 12866 and its overall 
requirement of reducing regulatory burden that might result from this 
proposed extension and waiver. Please let us know of any further 
opportunities we should take to reduce potential costs or increase 
potential benefits while preserving the effective and efficient 
administration of the TCPVTIP.
    During and after the comment period, you may inspect all public 
comments about this proposed extension and waiver in room 4515, Mary E. 
Switzer Building, 330 C Street SW., Washington, DC, between the hours 
of 8 a.m. and 4 p.m., Eastern time, Monday through

[[Page 17978]]

Friday of each week except Federal holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this proposed extension and waiver. If you want 
to schedule an appointment for this type of aid, please contact the 
person listed under FOR FURTHER INFORMATION CONTACT.

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed extension and waiver and 
the activities required to support additional years of funding would 
not have a significant economic impact on a substantial number of small 
entities.
    The small entities that would be affected by this proposed 
extension and waiver are the FY 2001 projects currently receiving 
Federal funds and tribally controlled postsecondary vocational and 
technical institutions that are not receiving Federal support under the 
Tribally Controlled College or University Assistance Act of 1978 (25 
U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C. 
640a et seq.). However, the proposed extension and waiver would not 
have a significant economic impact on these entities because the 
proposed extension and waiver and the activities required to support 
the additional years of funding would not impose excessive regulatory 
burdens or require unnecessary Federal supervision. The proposed 
extension and waiver would impose minimal requirements to ensure the 
proper expenditure of program funds, including requirements that are 
standard to continuation awards.

Paperwork Reduction Act of 1995

    This proposed extension and waiver does not contain any information 
collection requirements.

Intergovernmental Review

    The TCPVTIP is not subject to Executive Order 12372 and the 
regulations in 34 CFR part 79.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether this 
proposed extension and waiver would require transmission of information 
that any other agency or authority of the United States gathers or 
makes available.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
www.ed.gov/legislation/FedRegister.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html.


(Catalog of Federal Domestic Assistance Number 84.245 Tribally 
Controlled Postsecondary Vocational and Technical Institutions 
Program)

    Dated: April 9, 2002.
Carol D'Amico,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 02-8970 Filed 4-11-02; 8:45 am]
BILLING CODE 4000-01-P