[Federal Register Volume 74, Number 237 (Friday, December 11, 2009)]
[Notices]
[Pages 65784-65786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29674]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs


No Child Left Behind Act of 2001--Membership of the School 
Facilities and Construction Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice.

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SUMMARY: As required by the No Child Left Behind Act of 2001, and in 
compliance with procedures set out in the Negotiated Rulemaking Act, 
the Secretary of the Interior has appointed members of the committee to 
prepare and submit a report or reports regarding Bureau-funded school 
facilities. The Secretary chose from nominations submitted by Indian 
tribes and others whose students attend Bureau-funded schools (operated 
either by the Bureau, or by a tribe through a contract or grant). To 
the maximum extent possible, the proportional representation of tribes 
on the committee reflects the proportionate share of students from 
tribes served by the Bureau-funded school facilities. In addition, the 
Secretary considered 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. Having 
considered all nominations, the Secretary appoints the persons named in 
this notice as committee members.

DATES: Comments must be postmarked or faxed no later than January 11, 
2010. For the dates of the first committee meeting, please see the 
information under the ``First Committee Meeting'' heading in this 
notice.

ADDRESSES: Send comments to the Designated Federal Official: Michele F. 
Singer, Director, Office of Regulatory Affairs & Collaborative Action, 
Office of the Assistant Secretary--Indian Affairs, 1001 Indian School 
Road, NW., Suite 312, Albuquerque, NM 87104. Or fax to (505) 563-3811. 
For the location of the first committee meeting, please see the 
information under the ``First Committee Meeting'' heading in this 
notice.

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

SUPPLEMENTARY INFORMATION:

Background

    The No Child Left Behind Act of 2001 (Pub. L. 107-110), which is 
codified at 25 U.S.C. 2001 et seq., requires the Secretary to establish 
a negotiated rulemaking committee to issue a report or reports to the 
Secretary relating to specific areas of Indian education (see 25 U.S.C. 
2018). The Secretary must follow the procedures of negotiated 
rulemaking under the Negotiated Rulemaking Act (5 U.S.C. 561 et seq.) 
in a manner that:
    (1) Reflects the unique government-to-government relationship 
between Indian tribes and the United States;
    (2) Ensures that the membership of the committee includes only 
representatives of the Federal Government and of tribes served by 
Bureau-funded schools;
    (3) Ensures, to the maximum extent possible, that the tribal 
representative membership on the committee reflects the proportionate 
share of students from tribes served by the Bureau-funded school 
system; and
    (4) Complies with the Federal Advisory Committee Act (5 U.S.C. 
Appx. 1 et seq.).
    In the fall of 2006, the Department sought assistance with this 
effort from the U.S. Institute for Environmental Conflict Resolution 
(U.S. Institute). The U.S. Institute conducted a convening assessment 
and contracted with an independent, impartial convening team, the 
Consensus Building Institute (CBI), to carry out interviews and prepare 
a draft convening report. The topics covered in CBI's interviews were: 
Methods used to catalog school facilities, formulas for prioritizing 
and funding school replacement construction and new construction, and 
formulas for prioritizing and funding school renovation and repair. The 
convening team conducted confidential interviews with tribal officials 
or their designees, representatives of Bureau-operated or tribally 
controlled schools, and others with an interest in Bureau-funded school 
facilities construction. The team also conducted two focus group 
sessions. Altogether, the team spoke with 198 individuals, representing 
some 99 different schools. In its final report, CBI provided 
recommendations to assign committee seats according to the 
Congressional mandate for proportionality using student enrollment 
figures from 2006 and also suggested that seats be allocated to other 
tribes and tribal entities to maximize representation. The Final 
Convening Report prepared by CBI was released on March 5, 2008, and can 
be accessed at http://www.ecr.gov/pdf/BIA_FinalConvRpt200803.pdf.
    The proposed school facilities negotiated rulemaking committee will 
prepare and submit to the Secretary of the Interior the following:
    (1) A catalog of school facilities that includes the components 
required by 25 U.S.C. 2005(a)(5)(A)(i)(I)-(V);
    (2) A report that determines the school replacement and new 
construction needs of the interested parties, and a formula for the 
equitable distribution of funds to address those needs, based on the 
requirements of 25 U.S.C. 2005(a)(5)(A)(ii);
    (3) A report that determines the major and minor renovation needs 
of the interested parties, and a formula for the equitable distribution 
of funds to address these needs, based on the requirements of 25 U.S.C. 
2005(a)(5)(A)(iii); and
    (4) Proposed revisions to the national facilities standards for 
home-living (dormitory) situations, based on the requirements of 25 
U.S.C. 2002(a)(1).

Selection of Committee Members

    On October 22, 2008, the Secretary published a request for 
nominations (73 FR 63008) and, on January 6, 2009, extended the 
deadline for submitting requests for nominations to January 23, 2009 
(74 FR 454). The Secretary received 50 nominations. The Secretary has 
determined that the proper functioning of the committee requires

[[Page 65785]]

that the committee be limited to 30 members, as allowed by the 
Negotiated Rulemaking Act (5 U.S.C. 565).
    The Secretary finds that the membership of the committee:
    (1) Represents interests that will be significantly affected by the 
final report (i.e., parents; teachers; school board members; and 
administrators of Bureau-funded school facilities);
    (2) Proportionately represents students from tribes served by 
Bureau-funded school facilities;
    (3) Represents, to the extent possible in a committee of limited 
size, the diverse sizes, types, and locations of Bureau-funded 
education facilities; and
    (4) Has been selected using a process that considers the nominees' 
knowledge of school facilities and their repair, renovation and 
construction; experience with past or present school construction; and 
relevant skills and abilities.

Appointed Tribal Committee Members

    The Secretary appoints the following tribal representatives for the 
school facilities and construction negotiated rulemaking committee:

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               Nominee                         Tribal affiliation               School facility affiliation
----------------------------------------------------------------------------------------------------------------
Gregory Anderson.....................  Muscogee (Creek) Nation of         Superintendent, Creek Nation--Eufaula
                                        Oklahoma.                          Dormitory.
Janice Azure.........................  Turtle Mountain Band of Chippewa.  Councilwoman, Turtle Mountain Band of
                                                                           Chippewa.
Jimmy C. Begay.......................  Navajo Nation....................  President, Navajo Nation Board of
                                                                           Din[eacute] Education.
Gerald Leroy ``Jerry'' Brown.........  Confederated Salish and Kootenai   Chairman, Two Eagle River School
                                        Tribe.                             Board.
Fred Colhoff.........................  Oglala Sioux Tribe...............  Facilities Manager, Wounded Knee
                                                                           District School.
Joy Culbreath........................  Choctaw Nation of Oklahoma.......  Executive Education Director, Choctaw
                                                                           Nation of Oklahoma.
Judy DeHose..........................  White Mountain Apache Tribe......  Executive Assistant--District 1, White
                                                                           Mountain Apache Tribe.
Shirley Gross........................  15 Tribes from North Dakota,       Program Coordinator, Pierre Indian
                                        South Dakota, and Nebraska.        Learning Center.
James Hogan..........................  Rosebud Sioux Tribe..............  School Expansion Liaison, Rosebud
                                                                           Sioux Tribe.
Lester B. Hudson.....................  Navajo Nation....................  Chief, Executive Officer, Ch'ooshgai
                                                                           Community School.
Frank E. Lujan.......................  Pueblo of Isleta.................  Lieutenant Governor, Pueblo of Isleta--
                                                                           Tribal Government.
Merrie Miller White Bull.............  Cheyenne River Sioux Tribe.......  Tribal Council, Cheyenne River Sioux
                                                                           Tribe.
Betty Ojaye..........................  Navajo Nation....................  Executive Director, Navajo Preparatory
                                                                           School Inc.
Alfred P. Redman Sr..................  Northern Arapaho Tribe...........  Tribal Education Director, Northern
                                                                           Arapaho Tribe.
Charles M. Roessel...................  Navajo Nation....................  Superintendent, Rough Rock Community
                                                                           School.
Andrew M. Tah........................  Navajo Nation....................  Superintendent of Schools, Division of
                                                                           Din[eacute] Education.
Arthur M. Taylor Jr..................  Nez Perce Tribe..................  Native American Tribal Liaison,
                                                                           University of Idaho.
Jerome Wayne Witt....................  Oglala Sioux Tribe...............  Facility Assistant, Loneman School
                                                                           Corporation.
Albert A. Yazzie.....................  Navajo Nation....................  Educational Consultant, Eastern
                                                                           Navajo.
Dr. Kennith H. York..................  Mississippi Band of Choctaw        Director, Planning, Mississippi Band
                                        Indians.                           of Choctaw Indians.
Lorena Zah Bahe......................  Navajo Nation....................  Program Director, Navajo Nation Office
                                                                           of Monitoring, Evaluation and
                                                                           Technical Assistance.
Catherine M. Wright..................  Hopi Tribe.......................  Director, Hopi Board of Education.
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    The Secretary appoints the following alternate tribal 
representatives for the school facilities and construction negotiated 
rulemaking committee:

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                Nominee                       Tribal affiliation               School facility affiliation
----------------------------------------------------------------------------------------------------------------
Nancy R. Martine-Alonzo...............  Navajo Nation.................  Assistant Secretary of Education for
                                                                         Indian Education, New Mexico Public
                                                                         Education Department.
Margie R.S. Begay.....................  Navajo Nation.................  President, Lukachukai Community Board of
                                                                         Education.
Faye Blueeyes.........................  Navajo Nation.................  Program Director, Dzilth-Na-O-Dith-Hle
                                                                         Community Grant School.
Kim R. Clausen-Jensen.................  Oglala Sioux Tribe............  Director, Office of Environmental
                                                                         Protection.
Jerald Scott House....................  Navajo Nation.................  Program Manager, Design & Engineering/
                                                                         HUD.
Bryce In The Woods....................  Cheyenne River Sioux Tribe....  Council Representative, Cheyenne River
                                                                         Sioux Tribe.
Fred Leader Charge....................  Rosebud Sioux Tribe...........  Operation and Maintenance Coordinator,
                                                                         Rosebud Sioux Tribe.
Alan R. Lovesee.......................  Choctaw Nation of Oklahoma....  Director of Congressional Relations,
                                                                         Choctaw Nation of Oklahoma.
Willie Tracey Jr......................  Navajo Nation.................  Council Delegate-Education Committee,
                                                                         Navajo Nation Council.
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Appointed Federal Committee Members

    The Secretary appoints the following Federal representatives for 
the school facilities and construction negotiated rulemaking committee:

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             Name                              Affiliation
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Michele F. Singer.............  Designated Federal Official, Office of
                                 the Assistant Secretary-Indian Affairs.
John Rever....................  Director, Facilities, Environmental and
                                 Cultural Resources.
David Talayumptewa............  Assistant Deputy Director for
                                 Administration, Bureau of Indian
                                 Education.
James W. Porter...............  Attorney-Advisor, Office of the
                                 Solicitor.
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[[Page 65786]]

    The Secretary expects to name a fifth member to the team of Federal 
representatives. That member has not been identified, but will probably 
be a representative of a senior Departmental Official, such as the 
Assistant Secretary-Indian Affairs, of the Secretary of the Interior.
    The Secretary appoints the following alternate Federal 
representatives for the school facilities and construction negotiated 
rulemaking committee:

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                Name                                                  Affiliation
----------------------------------------------------------------------------------------------------------------
Regina Gilbert......................  Regulatory Policy Specialist, Office of Regulatory Affairs & Collaborative
                                       Action.
Emerson Eskeets.....................  Deputy Director, Bureau of Indian Affairs, Office of Facilities Management
                                       and Construction.
Jackie Cheek........................  Special Assistant to the Director, Bureau of Indian Education.
Brenda Riel.........................  Attorney-Advisor, Office of the Solicitor, Division of Indian Affairs.
----------------------------------------------------------------------------------------------------------------

First Committee Meeting

    The first meeting of the committee is scheduled for January 5-7, 
2010. The meeting will begin at 8:30 a.m. (MST) on Tuesday, January 5 
and end at 5 p.m. (MST) on Thursday, January 7, 2010. The meeting will 
be held at the National Indian Program Training Center, 1011 Indian 
School Road, NW., second floor, Albuquerque, New Mexico 87104.

Invitation To Comment

    If you are a tribe with Bureau-funded schools, a regional tribal 
association, a regional or national Indian education organization, or 
an interested individual, we invite you to comment on the appointments 
in this notice. While the comment period briefly overlaps with the 
first meeting, we will nevertheless consider each and every comment 
received prior to the date listed in the DATES section.
    We will consider only comments that we receive by the close of 
business on the date listed in the DATES section, at the location 
indicated in the ADDRESSES section. 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. Before including your 
address, phone number, e-mail address or other personal identifying 
information in your comment, please note that your entire comment--
including your personal identifying information--may be made publicly 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

    Dated: December 8, 2009.
Ken Salazar,
Secretary of the Interior.
[FR Doc. E9-29674 Filed 12-10-09; 8:45 am]
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