[Federal Register Volume 78, Number 112 (Tuesday, June 11, 2013)]
[Proposed Rules]
[Pages 34962-34964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-13848]


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DEPARTMENT OF EDUCATION

34 CFR Part 75 and Chapter III

[CFDA Number: 84.250C and 84.250D]


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

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

ACTION: Proposed waivers and extensions of project periods.

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SUMMARY: These proposed waivers and extensions of project periods would 
affect two sets of grantees under the American Indian Vocational 
Rehabilitation Services (AIVRS) Program in the Rehabilitation Services 
Administration (RSA): eight grantees with 60-month projects initially 
funded in fiscal year (FY) 2007 (72 FR 11851) and twenty-four grantees 
with 60-month projects initially funded in FY 2008 (73 FR 6491). For FY 
2013, the Secretary 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 
Secretary proposes these actions in order to extend the 60-month 
projects for the grants initially funded in FY 2007 for a seventh year, 
and the grants initially funded in FY 2008 for a sixth year. The 32 
AIVRS grants would be extended through September 30, 2014.
    The proposed waivers and extensions would enable the 32 grantees to 
request funds and continue to receive Federal funding beyond September 
30, 2013, when the project period ends. The grantees must meet all of 
the AIVRS program and other applicable requirements while receiving 
funds under this program. Further, if the proposed waivers and 
extensions are made final, RSA would not announce a new competition in 
FY 2013 or make new awards in FY 2013.

DATES: We must receive your comments on or before July 11, 2013.

ADDRESSES: Submit all comments on this notice to August Martin, U.S. 
Department of Education, 400 Maryland

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Avenue SW., room 5049, Potomac Center Plaza (PCP), Washington, DC 
20202-2800.
    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: The Secretary invites you to submit comments 
regarding the proposed waivers and extensions. 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.
    During and after the comment period, you may inspect all public 
comments about the proposed waivers and extensions in room 5049, 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 
accommodation or auxiliary aid, please contact the person listed under 
FOR FURTHER INFORMATION CONTACT.

Background

    In a report released on May 9, 2012, the U.S. Government 
Accountability Office (GAO) raised a question about 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 this report, the GAO made a finding that the interpretation of 
``reservation'' used by the Department in determining eligibility for 
grants under the AIVRS program raised substantial questions for the GAO 
about the eligibility of State-recognized tribes not located on State 
reservations but instead 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 for AIVRS grants 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 recommendation, the Secretary will 
be asking for input from tribal officials, tribal governments, tribal 
organizations, and affected tribal members regarding a possible change 
in the Department's interpretation of ``reservation'' that would align 
it with the GAO interpretation. The Secretary's request for comments on 
this issue will be published in a separate Federal Register notice.
    The Department believes it is advisable to maintain funding to 
existing AIVRS projects during the time period it is implementing the 
GAO recommendation. In this regard, in FY 2012, the Department extended 
through September 30, 2013, the eight projects initially funded in FY 
2007. The Department published a notice inviting comments on the 
proposed waivers and extensions of the project periods for the FY 2007 
grants on July 25, 2012 (77 FR 43560), which was adopted in final on 
September 26, 2012 (77 FR 59085).
    The Department is still in the process of determining the 
appropriate response to the GAO recommendation and we intend to ask 
tribal officials for their input consistent with Executive Order 13175. 
Therefore, we have decided not to hold a new AIVRS competition in FY 
2013. 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 the eligibility requirements for this program.
    Instead, the Department believes it is preferable 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, for the eight 
projects initially funded in FY 2007 and the 24 projects initially 
funded in FY 2008. Section 121(b)(3) of the Rehabilitation Act of 1973, 
as amended (the Act) provides that RSA has the authority to make an 
AIVRS grant effective for more than 60 months, pursuant to prescribed 
regulations. Through this regulatory action, we are proposing to extend 
the project period for the grants initially funded in FY 2007 and FY 
2008 through September 30, 2014.
    The proposed waivers and extensions would enable the 32 AIVRS 
grantees to request funds and continue to receive Federal funds beyond 
the 60-month limitation set by 34 CFR 75.250, while the Department 
determines the appropriate course of action in response to the GAO 
recommendation. The Department believes that the maintenance of the 
status quo during this process is in the public interest.
    If these proposed waivers and extensions are made final for the 32 
AIVRS grantees, RSA will base its decisions regarding annual 
continuation awards on the program narratives, budgets, budget 
narratives, and program performance reports submitted by these 32 AIVRS 
grantees, and on the requirements in 34 CFR 75.253. Any activities to 
be carried out during the year of continuation awards must be 
consistent with, or be a logical extension of, the scope, goals, and 
objectives of each grantee's application, as approved following the 
2007 and 2008 AIVRS grant competitions. If we publish the proposed 
waivers and extensions as final, we would award continuation grants to 
each grantee that is making substantial progress in 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 32 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 32 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.

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    The small entities that would be affected by these proposed waivers 
and extensions are the eight grantees selected in FY 2007 currently 
receiving Federal funds, the 24 grantees selected in FY 2008 currently 
receiving Federal funds, and any other potential applicant for the 
estimated 32 awards for which there would have been a competition in FY 
2013.
    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: June 6, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the 
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-13848 Filed 6-10-13; 8:45 am]
BILLING CODE 4000-01-P