[Federal Register Volume 74, Number 3 (Tuesday, January 6, 2009)]
[Pages 454-456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-31411]



Bureau of Indian Affairs

No Child Left Behind Act of 2001

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Extension of time for submitting nominations for tribal 
representatives for the No Child Left Behind Negotiated Rulemaking 
Committee membership.


SUMMARY: The Secretary of the Interior is extending the deadline from 
December 8, 2008, to January 23, 2009, for tribes to nominate 
individuals for membership on the No Child Left Behind Negotiated 
Rulemaking Committee. This committee will work with the Department of 
the Interior to develop recommendations for proposed regulations 
regarding the BIE-funded school facilities as required by the No Child 
Left Behind Act of 2001.

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DATES: Nominations from tribes for membership in the negotiated 
rulemaking committee and comments on the establishment of this 
committee, including additional interests other than those identified 
in this notice, must be postmarked or faxed no later than January 23, 

ADDRESSES: Send nominations and comments to the Designated Federal 
Official, at the following address: Michele F. Singer, Director, Office 
of Regulatory Management, Office of the Assistant Secretary--Indian 
Affairs, 1001 Indian School Road, NW., Suite 312, Albuquerque, NM 
87104. Or fax to (505) 563-3811.

FOR FURTHER INFORMATION CONTACT: Michele F. Singer, Designated Federal 
Official. Telephone: (505) 563-3805. Fax: (505) 563-3811.

SUPPLEMENTARY INFORMATION: On October 22, 2008, we published a notice 
requesting nominations for a negotiated rulemaking committee. Pursuant 
to the mandate of the No Child Left Behind Act, the committee will 
prepare and submit to the Secretary of the Interior a report or reports 
setting out:
     A method for creating a catalog of school facilities;
     The school replacement and new construction needs of the 
interested parties, and a formula for the equitable distribution of 
funds to address those needs;
     The major and minor renovation needs of the interested 
parties, and the formula for the equitable distribution of funds to 
address such needs; and
     Facilities standards for home-living (dormitory) 
    The Federal Register notice appeared at 73 FR 63008. In that notice 
we invited nominations for committee membership from tribes whose 
students attend BIE-funded schools, whether the school is operated by 
the bureau or by the tribe through a contract or grant. To the maximum 
extent possible, the proportional representation of tribes on the 
committee will reflect the proportionate share of students from tribes 
served by the BIE-funded school system. In addition, the Secretary will 
consider the balance of representation with regard to geographical 
location, size, and type of school and facility, as well as the 
interests of parents, teachers, administrators, and school board 
members, in selecting tribal committee representatives.
    Because committee membership should reflect the diversity of tribal 
interests, representatives of tribal and tribally operated schools 
should nominate representatives and alternates who will:
     Have knowledge of school facilities and their repair, 
renovation, and construction (this may include knowledge and skills of 
construction project management, school facilities operation and 
management, construction cost estimation, education program space 
needs, budgeting and appropriation, engineering);
     Have relevant experience as past or present 
superintendents, principals, facility managers, teachers, or school 
board members or possess direct experience with school construction 
     Be able to coordinate, to the extent possible, with other 
tribes and schools who may not be represented on the committee;
     Be able to represent the tribe(s) with the authority to 
embody tribal views, communicate with tribal constituents, and have a 
clear means to reach agreement on behalf of the tribe(s);
     Be able to negotiate effectively on behalf of the tribe(s) 
     Be able to commit the time and effort required to attend 
and prepare for meetings; and
     Be able to collaborate among diverse parties in a 
consensus-seeking process.
    In addition, in order for tribes and schools with too few students 
to be represented under the proportional membership computation, the 
Secretary invites nominations from the following parties who would be 
affected by the final products of the committee, which may include 
report(s) and/or proposed regulations:
     Tribes served by BIE-funded schools not represented by the 
tribes allocated seats according to share of student enrollment (please 
refer to the Final Convening Report prepared by CBI, p. 38 at http://ecr.gov/pdf/BIA_FinalConvRpt200803.pdf.);
     Tribes who will help to increase the geographic diversity 
of representation on the committee;
     Representatives who will help to increase the diversity of 
types of schools represented (e.g., off-reservation boarding schools, 
dorms, and schools serving multiple tribes);
     Representatives who might be nominated by multiple tribes 
or regional tribal associations and have ability to coordinate and 
represent a coalition or group of like-minded tribes and schools; and
     Representatives of regional or national Indian education 
organizations. Nominees of these interests, like the proportionate-
share nominees, must meet the criteria of this section.
    There will be a facilitation team available to assist tribes or 
groups of tribes in selecting nominees who can meet the nomination 
criteria and represent the interests of multiple tribes and schools. 
For such assistance, Tribes may contact Sarah Palmer, Senior Program, 
Manager, U.S. Institute for Environmental Conflict Resolution, 130 
South Scott Avenue, Tucson, AZ 85701, Direct Telephone: (520) 901-8556, 
e-mail: [email protected]. Web site: http://www.ecr.gov.
    We will consider nominations for tribal committee representatives 
only if they are nominated through the process identified in this 
notice and in the Federal Register notice at 72 FR 63008. We will not 
consider any nominations that we receive in any other manner. We will 
also not consider nominations for Federal representatives. Only the 
Secretary may nominate Federal employees to the committee.
    Nominations must include the following information about each 
tribal nominee for membership on the No Child Left Behind negotiated 
rulemaking committee:
    (1) The nominee's name, tribal affiliation, job title, major job 
duties, employer, business address, business telephone and fax numbers 
(and business e-mail address, if applicable);
    (2) The tribal interest(s) to be represented by the nominee (see 
section V of the notice appeared at 73 FR63008) and whether the nominee 
will represent other interest(s) related to this rulemaking, as the 
tribe may designate;
    (3) A resum[eacute] reflecting the nominee's qualifications and 
experience in Indian education (including being a parent of a student 
attending a BIE-funded school) and experience in any phase of school 
facility construction (including master planning, project planning, 
design, construction, and facility management), indicating that the 
nominee can adequately represent the interest(s) identified in (2) 
above; and
    (4) A brief description of how they will represent tribal views, 
communicate with tribal constituents, and have a clear means to reach 
agreement on behalf of the tribe(s) they are representing. 
Additionally, a statement as to whether the nominee is only 
representing one tribe's views or whether the expectation is that the 
nominee represents a group of tribes.
    To be considered, nominations must be received by the close of 
business on the date listed in the DATES section, at the location 
indicated in the ADDRESSES section. Nominations and comments received 
will be available for inspection at the address listed above from 8 
a.m. to 4 p.m., Monday through Friday, except Federal holidays.

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    Dated: December 24, 2008.
George T. Skibine,
Acting Deputy Assistant Secretary for Policy and Economic Development.
[FR Doc. E8-31411 Filed 1-5-09; 8:45 am]