[Federal Register Volume 67, Number 145 (Monday, July 29, 2002)]
[Notices]
[Pages 49015-49017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-19077]


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DEPARTMENT OF EDUCATION


Tribally Controlled Postsecondary Vocational and Technical 
Institutions Program

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

ACTION: Notice of extension of project period and waiver.

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SUMMARY: We 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 waive this requirement in order to be able to extend the 
project periods for the two current FY 2001 grants awarded under the 
TCPVTIP. A waiver means that: (1) current grants may be continued at 
least through FY 2004 (depending on the availability of appropriations 
for TCPVTIP in subsequent fiscal years under the current statutory 
authority), instead of ending in FY 2002; and (2) we will not announce 
a new competition or make new awards in FY 2002, as previously planned.

DATES: This notice is effective July 29, 2002.

FOR FURTHER INFORMATION CONTACT: Sharon A. Jones, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 4515, Mary E. Switzer 
Building, Washington, DC 20202-7242. 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 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: On April 12, 2002 we published a notice in 
the Federal Register (67 FR 17976) proposing an 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 the 
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 the proposed extension and waiver.

Analysis of Comments and Changes

    In response to the Assistant Secretary's invitation in the notice 
of proposed extension and waiver, two parties submitted comments. The 
two commenters agreed with the proposal to extend the grants of the two 
current grantees. We did not receive any comments opposing the proposed 
extension and waiver. An analysis of comments and of changes in the 
notice since publication of the proposal follows. Generally, we do not 
address technical and other minor changes, as well as suggested changes 
the law does not authorize us to make. Moreover, we do not address 
comments that do not express views on the substance of the proposed 
notice.

Comments

    One commenter thought that the proposed notice was silent regarding 
the applicability of certain sections of 34 CFR 75.253 in the Education 
Department General Administrative Regulations (EDGAR). Specifically, 
the commenter was not sure if we planned to apply Sec. 75.253(a)(2)(i), 
which permits us to make a continuation award if the grantee makes 
substantial progress toward meeting the objectives of the approved 
application or Sec. 75.253(a)(2)(ii), which permits us to make a 
continuation award if the grantee has obtained our approval of changes 
in the project that do not increase the cost of the grant and enable 
the recipient to meet those objectives in succeeding budget periods. 
The commenter thought only Sec. 75.253(a)(2)(i) should be applied.

Discussion

    The notice explained that decisions regarding continuation awards 
would be made based on Grant Performance Reports submitted by the two 
current grantees and the regulations in part 75 of EDGAR, most notably, 
34 CFR 75.253. The process by which continuation decisions will be made 
this year is the same process by which those decisions have been made 
in the past in the TCPVTIP when multi-year project grants have been 
awarded. Consistent with 34 CFR 75.253, we would extend a grant if we 
determined, among other things, and based on information provided by 
the grantee, that it was making substantial progress performing grant 
activities. We said in our April 12th notice that ``making substantial 
progress'' would be considered ``among the other things.'' We did not 
intend to imply that we would apply only the EDGAR provisions 
specifically mentioned in the notice when making decisions regarding 
continuations.
    We would also like to reiterate here for purposes of clarification, 
that decisions to continue a grant will also be based on information 
provided by each grantee. Since the FY 2001 grants were based on 
applications that described activities and budgets for one year, in 
accordance with Sec. 75.253(c)(2), each grantee will necessarily have 
to send a written statement describing the activities it intends to 
carry out in FY 2002, FY 2003, and possibly FY 2004, if Congress 
appropriates funds under the current statutory authority. The 
activities described must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's approved FY 2001 
application. (34 CFR 75.261(c)(3)). As also provided in EDGAR, each 
grantee must submit a budget and budget narrative for each year it 
requests a continuation award. (34 CFR 75.118 and 75.253(c)(2)(i)).
    While these provisions are contained in part 75 of EDGAR, we have 
described them in this notice so that grantees may be clear about what 
is needed to request a continuation award.

Change

    None.

Comments

    A commenter suggested that the start dates for FY 2002 projects 
should be the same for all grantees under the TCPVTIP. The commenter 
thought this was necessary in order for the Department to be able to 
determine the award amounts, particularly whether the appropriation in 
a given year is sufficient to pay in full the amount that approved 
applicants are eligible to receive.

Discussion

    We currently ask grantees to provide the information we need to 
make continuation awards at the same time so we can (1) simultaneously 
review the scope of work and budgets of each grantee and (2) determine 
whether the appropriation is sufficient to pay in full the amount that 
approved applicants are eligible to receive. We can make those 
determinations without grantees having the same start dates. In 
addition, we believe that a grantee's start date is best

[[Page 49016]]

decided by the grantee, in cooperation with the Department.

Change

    None.

Comments

    One commenter thought continuation grants should include funding 
for only the eligible institutions and should not include what the 
commenter referred to as urban centers or other organizations that do 
not meet the eligibility criteria of the TCPVTIP or the Indian tribe or 
tribal organization.

Discussion

    We will make continuation awards for only the two current FY 2001 
grants awarded under the TCPVTIP and only for allowable costs. The two 
current grantees continue to meet the eligibility criteria in the Act.

Change

    None.

Waiver of Delayed Effective Date

    The Administrative Procedure Act requires that a substantive rule 
shall be published at least 30 days before its effective date, except 
as otherwise provided for good cause (20 U.S.C. 553(d)(3)). During the 
30-day public comment period on this notice, no substantive comments or 
objections were received on the proposed extension and waiver, and no 
substantive changes have been made in this notice to the proposed 
project extension. For this reason, and in order to make timely 
continuation grants to the small number of entities affected, the 
Secretary has determined that a delayed effective date is not required.

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, 
Public Law 107-20. Section 2701 of Public Law 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 Public Law 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 effective use of Federal funds. 
Specifically, we believe that it is now 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 FY 2003, it does not 
appear to be appropriate to hold a competition in FY 2003 for projects 
that would operate in FY 2004. We are generally reluctant to announce a 
competition in which eligible entities would be expected to prepare and 
submit an application while they are lacking critical information about 
the future of the program, and we 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. Further, as we 
indicated earlier in this notice, we received no comments objecting to 
this project extension for current grantees in lieu of a new 
competition. Thus, a new competition would be likely only 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 extension and waiver allows us to make continuation grants at 
least in FY 2002 and FY 2003 and perhaps beyond FY 2003 if Congress 
continues to appropriate funds for the TCPVTIP under the current 
statutory authority.

Programs Affected

    The two FY 2001 grantees affected by this extension and waiver are 
Crownpoint Institute of Technology (CIT) and United Tribes Technical 
College (UTTC). This extension and waiver allow us 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 will 
extend each grant if we determine, among other things, and based on 
information provided by each grantee, that each grantee is making 
substantial progress performing grant activities. Under this extension 
and waiver, (1) the project period for the current grantees could be 
extended to FY 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.

Instructions for Requesting a Continuation Award Under EDGAR Part 
75

    Under applicable EDGAR provisions, each grantee wishing to receive 
an annual continuation grant must submit a performance report providing 
the most

[[Page 49017]]

current performance and financial expenditure information on its 
TCPVTIP project. (34 CFR 75.118)). Each grantee must also submit a 
program narrative that describes the activities it intends to carry out 
during FYs 2002, 2003, and 2004, of a continuation award. The 
activities described must be consistent with, or be a logical extension 
of, the scope, goals, and objectives of the grantee's approved 
application. (34 CFR 75.261(c)(3)). In addition, each grantee must also 
submit a budget and budget narrative for each year it requests a 
continuation award. (34 CFR 75.253(c)(2)).

Paperwork Reduction Act of 1995

    This 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

    In the notice of proposed extension and waiver we requested 
comments on whether the proposed extension and waiver would require 
transmission of information that any other agency or authority of the 
United States gathers or makes available.
    Based on the response to the notice of proposed extension and 
waiver and our own review, we have determined that this final notice of 
extension and waiver does not 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)


    Program Authority: 20 U.S.C. 2327.

    Dated: July 23, 2002.
Carol D'Amico,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 02-19077 Filed 7-26-02; 8:45 am]
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