[Federal Register Volume 69, Number 69 (Friday, April 9, 2004)]
[Notices]
[Pages 18887-18889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8067]


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DEPARTMENT OF EDUCATION


Native American Vocational and Technical Education Program

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

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

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SUMMARY: We propose to waive the requirement in 34 CFR 75.261(c)(2) as 
it applies to projects funded under the Native American Vocational and 
Technical Education Program (NAVTEP) in fiscal year (FY) 2000. We 
propose this waiver in order to be able to extend the project periods 
for 31 current grants awarded under the FY 2000 NAVTEP competition.
    A waiver as proposed would mean that: (1) Current grants may be 
continued at least through FY 2005 (and possibly for subsequent years,

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depending on the availability of appropriations for NAVTEP in FY 2005 
and those years under the current statutory authority), instead of 
ending in FY 2004, and (2) we would not announce a new competition or 
make new awards in FY 2004.
    We are requesting public comments on the proposed extension of 
project period and waiver.

DATES: We must receive your comments on or before May 10, 2004.

ADDRESSES: Address all comments about this proposed extension and 
waiver to U.S. Department of Education, Office of Vocational and Adult 
Education, Attn: Sharon A. Jones, 400 Maryland Avenue, SW., 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) 245-
7803.
    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 notice of 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:

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 the NAVTEP and on 
potential eligible applicants who could apply for awards under the 
NAVTEP.
    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 NAVTEP.
    During and after the comment period, you may inspect all public 
comments about this proposed extension and waiver in room 11108, 
Potomac Center Plaza, 550 12th Street, SW., Washington, DC, 20004 
between the hours of 8 a.m. and 4 p.m., eastern time, Monday through 
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.

Background

    On January 3, 2001 (66 FR 560), we issued a notice inviting 
applications for new awards under the NAVTEP. The notice: (a) 
Established a project period of up to 36 months and reiterated that 
funding for multi-year awards is dependent on a grantee meeting the 
requirements of 34 CFR 75.253 (Continuation of a multi-year project 
after the first budget period), (b) explained changes to the program, 
(c) described the evaluation and reporting requirements, and (d) 
established the Government Performance and Results Act (GPRA) 
indicators for the NAVTEP.
    The Carl D. Perkins Vocational and Technical Education Act of 1998 
(Perkins Act), which includes authorization for the NAVTEP, expired at 
the end of FY 2003 and was extended for one year under section 422 of 
the General Education Provisions Act (20 U.S.C. 1226a). With the 
uncertainties presented by the absence of authorizing legislation for 
the NAVTEP beyond 2004, it is not advisable to hold a competition in FY 
2004 for projects that would then operate for just one year. We are 
generally reluctant to announce a competition under which eligible 
entities would be expected to proceed through the application 
preparation and submission process while lacking critical information 
about the future of the program, and do not think that it would be in 
the public interest to do so in this case.
    Further, if we were to hold a competition in FY 2004 for grants to 
operate in FY 2005 using the FY 2003 appropriation, grantees would not 
have sufficient time to establish and operate effective projects. We 
think that multi-year projects are necessary for grantees to have ample 
time to operate high-quality certificate and degree-granting vocational 
and technical education programs under the NAVTEP and would result in a 
more efficient use of Federal funds.
    We believe, therefore, that it is preferable and in the best 
interest of the NAVTEP for us to review requests for continuation 
awards from the 31 current FY 2000 grantees and extend currently funded 
projects, rather than hold a new competition in FY 2004. We believe 
that holding a new NAVTEP competition this year would create an 
unnecessary burden for current grantees since the 31 current grantees 
would have to undertake the effort and cost of submitting new 
applications for funding in FY 2004. Authorizing current grantees to 
request continuation awards would be a more appropriate and effective 
means for current NAVTEP grantees with projects already under way to 
continue their projects under this program and would also result in a 
more cost-effective use of Federal funds.

Education Department General Administrative Regulations (EDGAR) 
Requirement

    In order to provide for continuation awards, we must waive the 
requirement in 34 CFR 75.261(c)(2), that 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.
    A waiver as proposed would mean that: (1) Current NAVTEP grantees 
would be authorized to apply for continuation awards in FY 2004 and 
could be continued at least through FY 2005 (and possibly for 
subsequent years, depending on the availability of appropriations for 
NAVTEP in FY 2005 and those years under the current statutory 
authority), instead of ending their current projects in FY 2004, (2) we 
would not announce a new competition or make new awards in FY 2004 or 
any years in which Congress appropriates funds under the current 
authority (3) the January 3, 2001, notice would govern projects we 
propose to extend under this notice, and (4) the approved applications 
submitted by the 31 current grantees in the 2001 competition would 
govern all continuation awards.

Continuation of the Current Grantees

    With this proposed extension and waiver of Sec.  75.261(c)(2) of 
EDGAR, we propose to extend the project periods of the 31 NAVTEP 
grantees that received grants under the FY 2000 competition for one 
year and for any additional years for which Congress appropriates funds 
under the current statutory authority.
    Decisions regarding annual continuation awards will be based on the 
program narratives, budgets and budget narratives, Grant Performance 
Reports submitted by grantees, and on the regulations in 34 CFR 75.253. 
Consistent with 34 CFR 75.253, we

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would award continuation grants if we determine, based on information 
provided by each grantee, that each grantee is making substantial 
progress performing its NAVTEP grant activities. Under this proposed 
extension and waiver, (1) the project period for grantees could be 
extended to September 30, 2005, 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 current grantees from 
the account closing provisions of Public Law 101-510, or as extending 
the availability of FY 2000 funds awarded to the grantees. As a result 
of Public Law 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.

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 2000 grantees currently receiving 
Federal funds and the following entities that are eligible for an award 
under the NAVTEP:
    (1) A federally recognized Indian tribe.
    (2) A tribal organization.
    (3) An Alaska Native entity.
    (4) A Bureau-funded school (as defined in the January 3, 2001 (66 
FR 560), notice inviting applications), except for a Bureau-funded 
school proposing to use its award to support secondary school 
vocational and technical education programs.
    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.

Instructions for Requesting a Continuation Award

    Generally, in order to receive a continuation grant, a grantee must 
submit an annual program narrative that describes the activities it 
intends to carry out during the year of the continuation award. The 
activities must be consistent with, or be a logical extension of, the 
scope, goals, and objectives of the grantee's application approved 
under the FY 2000 competition. A grantee must also submit a budget and 
budget narrative for each year it requests a continuation award. (34 
CFR 75.253(c)(2)). A grantee should request a continuation award at 
least 30 days before its current grant expires. A grantee may request a 
continuation award for any year for which Congress appropriates funds 
under the current statutory authority.

Amount of New Awards Under Continuation Grant

    The actual amount of any continuation award depends on factors such 
as: (1) The grantee's written statement describing how the funds made 
available under the continuation award will be used, (2) a cost 
analysis of the grantee's budget by the Department, and (3) whether the 
unobligated funds made available are needed to complete activities that 
are planned for completion in the prior budget period. (34 CFR 75.232 
and 75.253(c)(2)(ii) and (3).)

Paperwork Reduction Act of 1995

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

Intergovernmental Review

    The NAVTEP 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/news/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.gpoaccess.gov/nara/index.html html.


    Program Authority: 20 U.S.C. 2326(a) through (g).

(Catalog of Federal Domestic Assistance Number 84.101 Native 
American Vocational and Technical Education Program.)
    Dated: April 6, 2004.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 04-8067 Filed 4-8-04; 8:45 am]
BILLING CODE 4000-01-P