[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
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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
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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
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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.
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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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