[Federal Register Volume 68, Number 86 (Monday, May 5, 2003)]
[Proposed Rules]
[Pages 23631-23632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-11167]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 170


Proposed Membership of the Negotiated Rulemaking Committee Under 
Section 1138 of the No Child Left Behind Act of 2001

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed membership of negotiated rulemaking committee.

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SUMMARY: As required by the Negotiated Rulemaking Act, the Secretary of 
the Interior has selected the proposed members of a committee to 
develop recommendations for proposed rules for Indian education under 
six sections of The No Child Left Behind Act of 2001. As required by 
Section 1138 of the No Child Left Behind Act of 2001, representatives 
of tribal and tribally-controlled schools [Tribes with Bureau-funded 
schools] were invited to nominate tribal representatives to serve on 
the committee. After considering nominations, the Secretary proposes to 
appoint the persons named in this notice as tribal committee members. 
Tribes, tribal organizations, and individual tribal members may submit 
comments on the proposed tribal committee membership, apply for tribal 
membership on the committee, or submit other nominations for tribal 
membership on the committee. The Secretary also proposes to appoint 
Federal representatives to the committee, as listed.

DATES: Comments on the proposed tribal members of this negotiated 
rulemaking committee must be received no later than June 4, 2003.

ADDRESSES: Send nominations and comments to Starr Penland, Office of 
Indian Education Programs, Bureau of Indian Affairs, U.S. Department of 
the Interior, MS-3512-MIB, 1849 C Street NW., Washington, DC 20240, or 
by fax to 202-273-0030. Comments that we receive will be available for 
inspection at the address listed above from 9 a.m. to 4 p.m., Monday 
through Friday.

FOR FURTHER INFORMATION CONTACT: Catherine Freels, Designated Federal 
Official, Office of the Southwest Regional Solicitor, 505 Marquette 
Avenue, Suite 1800, Albuquerque, New Mexico, or by telephone at (505) 
248-5605. We will post additional information as it becomes available 
on the Office of Indian Education Programs Web site at http//
www.oiep.bia.edu.

SUPPLEMENTARY INFORMATION: Section 1138 of The No Child Left Behind Act 
of 2001 (Pub. L. 107-110) requires the Secretary to follow a negotiated 
rulemaking process to issue regulations under six sections of the Act. 
(These sections are: 1116(g), 1124, 1127, 1130, 1136, and 1043.) 
Section 1138 of the Act requires that in establishing this committee, 
the Secretary must follow the procedures of negotiated rulemaking under 
subchapter III of chapter 5 of title 5 (the Negotiated Rulemaking Act) 
in a manner that:
    (1) Reflects the unique government-to-government relationship 
between the Indian tribes and the United States;
    (2) Ensures that the membership of the committee includes only 
representatives of the Federal Government and of tribes; and
    (3) To the extent possible, allots tribal representation based upon 
the tribes' proportionate share of the total enrollment in BIA schools.
    We conducted 14 regional consultation meetings in August and 
September 2002 to obtain guidance on the proposed rulemaking. Through 
the meetings and through comments we received, we identified interests 
that would be significantly affected by the final rule. In selecting 
committee members, the Secretary has considered these interests.
    The Secretary has determined that the proper functioning of the 
committee requires that the committee be limited to no more than the 25 
members recommended by the Negotiated Rulemaking Act (5 U.S.C. 565). 
The Secretary has selected 19 tribal representatives and 6 Federal 
representatives for the committee, for a proposed total of 25 members.
    The Secretary finds that the proposed tribal representatives for 
the committee:
    (1) Represent a balance of interests that will be significantly 
affected by the final rules (i.e., parents; teachers; school board 
members; and administrators of tribal and tribally operated contract 
day schools, grant day schools, grant boarding schools, and peripheral 
dormitories);
    (2) Proportionately represent students from tribes served by 
Bureau-funded schools;
    (3) Reflect the different varieties of school size, type of school 
and facility, and geographical location; and
    (4) Have been selected using a process that considers the nominees' 
experience and expertise in Indian education and outstanding 
achievements or special skills.
    The first meeting of the committee is tentatively scheduled for 
June 2003, in Albuquerque, New Mexico. We will post further information 
on the first meeting of the committee on our Web site at http//
www.oiep.bia.edu.

Proposed Tribal Committee Members

    The Secretary proposes the following tribal representatives for the 
negotiated rulemaking committee:

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              Nominee                     Tribal affiliation                  Educational affiliation
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Greg Anderson......................  Muscogee (Creek) Nation....  Administrator, Creek Nation-Eufaula Dormitory.
Lorraine Begay.....................  Navajo Nation..............  Director, Business Services, Greasewood
                                                                   Springs Community School, Inc.
Pauleen Billie.....................  Navajo Nation..............  Executive Director, Navajo Area School Board
                                                                   Association.
Faye Blue Eyes.....................  Navajo Nation..............  Director of Support Services, Shiprock
                                                                   Alternative Schools, Inc.
Roger Bordeaux.....................  Potowatomi Nation..........  Superintendent of Tiospa Zina Tribal School.
Deborah Bordeaux...................  Oglala Sioux Tribe.........  Principal, Loneman School.
Doyce Cannon.......................  Eastern Band of Cherokee     Director of Education, Cherokee Central
                                      Indians.                     Schools.
Mary Helen Creamer.................  Navajo Nation..............  Program Manager, Tribal Education Department.

[[Page 23632]]

 
Laverne Dallas.....................  Hopi Tribe.................  President, Hopi School Board.
Zachary Ducheneaux.................  Cheyenne River Sioux Tribe.  District 6 Representative, Cheyenne River
                                                                   Sioux Tribal Council.
Gus Kenne, Jr......................  Navajo Nation..............  Director of Education, Pine Hill School.
David Germany......................  Mississippi Band of Choctaw  Education Planner, Choctaw Tribal School
                                                                   System.
Anthony (Tony) Pivec...............  Cherokee Nation............  Superintendent, Sequoyah High School.
Dolores McKerry....................  Navajo Nation..............  Program Manager for North Central Association.
Waye Newell........................  Pasamaquoddy Tribe.........  Director of Culture and Bilingual Education.
Mark Sorenson......................  Navajo Nation..............  Executive Director of Little Singer Community
                                                                   School.
Terry Yellow Fat...................  Standing Rock Sioux Tribe..  Superintendent, Standing Rock Community
                                                                   School.
Wayne Waddoups.....................  Shoshone-Bannock...........  Superintendent, Shoshone Bannock School
                                                                   District  512.
Linda Warner.......................  Comanche Nation............  Chief Executive Officer, Indian Community
                                                                   School of Milwaukee.
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Proposed Federal Committee Members

    The Secretary proposes the following Federal representatives for 
the negotiated rulemaking committee:

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                          Name                                                 Affiliation
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Theresa Rosier.........................................  Office of the Assistant Secretary-Indian Affairs.
Sharon Wells...........................................  Special Assistant to the Deputy Director, School
                                                          Operations, BIA.
Edith Blackwell........................................  Associate Solicitor, Division of Indian Affairs, Office
                                                          of the Solicitor.
Bruce Steele...........................................  Principal of Polacca Day School, DIA-OIEP-Hopi Agency.
Michael Rossetti.......................................  Counselor to the Secretary of the Interior.
Larry Byers............................................  Acting School Supervisor of Chemawa Indian School, BIA-
                                                          OIEP-Portland Agency.
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    If you are a tribe with Bureau-funded schools, an Indian education 
organization, or an interested individual, we invite you to comment on 
the nominations in this notice or to nominate other persons (or 
yourself) for membership on the committee. Any nomination you submit 
must include all of the following:
    (1) The nominee's name, title, business address, telephone number 
and fax number;
    (2) The nominee's resume reflecting experience and expertise in 
Indian education issues;
    (3) The interest(s) to be represented by the nominee (based on the 
interests listed above);
    (4) Evidence that the nominee is authorized to represent the tribal 
interest(s) the nominee is proposed to represent;
    (5) The reasons that the proposed members of the committee 
identified in this notice do not represent the interest(s) you identify 
in item (3); and
    (6) Your name, address, telephone number, and tribe or tribal 
organization.
    We will consider only comments and nominations that we receive by 
the close of business on June 4, 2003, at the location indicated in the 
ADDRESSES section of this notice.

    Dated: May 1, 2003.
Aurene M. Martin,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 03-11167 Filed 5-1-03; 2:54 pm]
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