[Federal Register Volume 77, Number 143 (Wednesday, July 25, 2012)]
[Proposed Rules]
[Pages 43560-43561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-18078]


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DEPARTMENT OF EDUCATION

34 CFR Chapter III


American Indian Vocational Rehabilitation Services Program; 
Proposed Waivers and Extensions of the Project Periods

AGENCY: Office of Special Education and Rehabilitative Services, 
Department of Education.

ACTION: Proposed waivers and extensions.

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CFDA Number: 84.250J.

SUMMARY: For 60-month projects initially funded in fiscal year (FY) 
2007 under the American Indian Vocational Rehabilitation Services 
(AIVRS) Program, the Department proposes to waive the regulations that 
generally limit project periods to 60 months and that restrict project 
period extensions involving the obligation of additional Federal funds. 
The Department also proposes to extend the project period until 
September 30, 2013, for the AIVRS grantees whose awards are scheduled 
to expire on September 30, 2012. The proposed waivers and extensions 
would enable the eight AIVRS grantees in the FY 2007 funding cohort to 
request and continue to receive Federal funding beyond the 60-month 
limitation contained in the Department's regulations, so long as the 
grantees are meeting the AIVRS program and other applicable 
requirements. Further, if the proposed waivers and extensions are made 
final, the Department would not announce a new competition in FY 2012 
or make new awards in FY 2012.

DATES: We must receive your comments on or before August 24, 2012.

ADDRESSES: Submit all comments on this notice to August Martin, United 
States Department of Education, 400 Maryland Avenue SW., Room 5049, 
Potomac Center Plaza (PCP), Washington, DC 20202-7241.
    If you prefer to send your comments by email, use the following 
address: [email protected]. You must include the term ``Proposed 
Waivers and Extensions for AIVRS'' in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: August Martin. Telephone: (202) 245-
7410, or by email: [email protected].
    If you use a telecommunications device for the deaf (TDD) or a text 
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.

SUPPLEMENTARY INFORMATION:
    Invitation to Comment: We invite you to submit comments regarding 
this notice. We are particularly interested in comments on the effect 
these proposed waivers and extensions may have on the AIVRS program and 
on potential applicants for grant awards under any new AIVRS notice 
inviting applications, should there be one.
    Eligible applicants for AIVRS are the governing bodies of Indian 
tribes (and consortia of those governing bodies) located on Federal and 
State reservations.
    During and after the comment period, you may inspect all public 
comments about these proposed waivers and extensions for AIVRS in room 
5105, (PCP), 550 12th Street SW., Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of 
each week, except Federal holidays.
    Assistance to Individuals with Disabilities in Reviewing the 
Rulemaking Record: On request we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice of proposed waivers and 
extensions. If you want to schedule an appointment for this type of 
aid, please contact the person listed under FOR FURTHER INFORMATION 
CONTACT.

Background

    The eight AIVRS grantees, selected based on the 2007 AIVRS notice 
inviting applications (2007 NIA) published on March 14, 2007 (72 FR 
11851), provide vocational rehabilitation services to American Indians 
with disabilities who reside on or near Federal or State reservations 
as authorized by section 121 of the Rehabilitation Act of 1973, as 
amended (the Act) (29 U.S.C. 741).
    The project period for the eight AIVRS grantees is scheduled to end 
September 30, 2012. Section 121(b)(3) of the Act provides that the 
Department has the authority to make an AIVRS grant effective for more 
than 60 months, pursuant to prescribed regulations. For these projects, 
the Department proposes to waive the requirements of 34 CFR 75.250 and 
34 CFR 75.261(c)(2), which limit project periods to 60 months and 
restrict project period extensions that involve the obligation of 
additional Federal funds. The Department also proposes to extend the 
project period for the eight AIVRS grantees from October 1, 2012, 
through September 30, 2013. The proposed waivers and extensions would 
enable the eight AIVRS grantees to request and continue to receive 
Federal funds beyond the 60-month limitation set by 34 CFR 75.250.
    The Department makes this proposal, consistent with the 
Department's commitment to excellence and continuous improvement, 
because a question was raised by the U.S. Government Accountability 
Office (GAO) in a report released on May 9, 2012, concerning the 
Department's practice for determining eligibility under the AIVRS 
program. The report is titled Federal Funding for Non-Federally 
Recognized Tribes, GAO-12-348, and can be found on the GAO Web site at 
www.gao.gov/products/GAO-12-348.
    In the report, the GAO made a finding in which it noted that the 
Department's interpretation of reservation used in determining 
eligibility under the AIVRS program raised substantial questions for 
GAO about the eligibility of State-recognized tribes that are not 
located on State reservations, but rather are located on a defined and 
contiguous area of land where there is a concentration of tribal 
members and in which the tribe is providing structured activities and 
services, such as the tribal service areas identified in a tribe's 
grant application. The GAO recommended that the Secretary review the 
Department's practices with respect to eligibility requirements and 
take appropriate action with respect to grants made to tribes that do 
not have Federal or State reservations.
    In order to comply with the GAO's recommendation, we believe it is 
advisable to maintain funding to existing AIVRS projects during the 
time period the Department is implementing the GAO recommendation and 
not to hold a new AIVRS competition in FY 2012. The Department has 
determined that it is not advisable to announce a new competition under 
which entities would be expected to have the burden of proceeding 
through the application process while the Department reviews

[[Page 43561]]

the eligibility requirements for this program.
    Instead, we believe it is preferable in administering the AIVRS 
program for the Department to review requests for continuation awards 
from the eight grantees based on the 2007 NIA and, where appropriate, 
extend the currently-funded projects through September 30, 2013. The 
maintenance of the status quo while we conduct this review is in the 
public interest.
    If these proposed waivers and extensions are made final for the 
eight AIVRS grantees selected based on the 2007 NIA, we will base our 
decisions regarding annual continuation awards on the program 
narratives, budgets, budget narratives, and program performance reports 
submitted by these eight AIVRS grantees, and on the requirements in 34 
CFR 75.253. Any activities to be carried out during the year of 
continuation awards would have to be consistent with, or be a logical 
extension of, the scope, goals, and objectives of each grantee's 
application, as approved following the 2007 AIVRS competition. If we 
publish the proposed waivers and extensions as final, we would award 
continuation grants to each grantee that is making substantial progress 
performing its AIVRS grant activities.
    The proposed waivers of 34 CFR 75.250 and 34 CFR 75.261(c)(2) and 
extensions of the project periods, would not exempt the eight AIVRS 
grantees from the appropriation account-closing provisions of 31 U.S.C. 
1552(a), nor would they extend the availability of funds previously 
awarded to the eight AIVRS grantees past the five years provided for in 
31 U.S.C. 1552(a). Under 31 U.S.C. 1552(a), appropriations available 
for a limited period may be used for payment 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 U.S. Treasury Department 
and is unavailable for restoration for any purpose (31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Department certifies that the proposed waivers and extensions 
would not have a significant economic impact on a substantial number of 
small entities.
    The small entities that would be affected by these proposed waivers 
and extensions are the eight grantees selected based on the 2007 NIA 
currently receiving Federal funds and any other potential applicant for 
the estimated 8 or 9 awards for which there would have been a 
competition.
    The Department certifies that the proposed waivers and extensions 
would not have a significant economic impact on these entities because 
the proposed waivers and extensions impose minimal compliance costs to 
extend projects already in existence, and the activities required to 
support the additional year of funding would not impose additional 
regulatory burdens or require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    This notice of proposed waivers and extensions does not contain any 
information collection requirements.
    Intergovernmental Review: The AIVRS program is not subject to 
Executive Order 12372 and the regulations in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: 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 via the Federal Digital System 
at: www.gpo.gov/fdsys. At this site you can view this document, as well 
as all other documents of this Department published in the Federal 
Register, in text or Adobe Portable Document Format (PDF). To use PDF 
you must have Adobe Acrobat Reader, which is available free at this 
site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

    Dated: July 19, 2012.
Alexa Posny,
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2012-18078 Filed 7-24-12; 8:45 am]
BILLING CODE 4000-01-P