[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5473-5476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01061]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR 30

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Proposed Membership of the Bureau of Indian Education 
Accountability Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed membership of negotiated rulemaking committee; request 
for nominations; and request for comments.

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SUMMARY: The Secretary of the Interior has selected proposed members to 
form the Bureau of Indian Education (BIE) Accountability Negotiated 
Rulemaking Committee (Committee) which will recommend revisions to the 
existing regulations to implement the Secretary's responsibility to 
define the standards, assessments, and accountability system for 
Bureau-funded schools, as required by the Every Student Succeeds Act 
(ESSA). Representatives were nominated by Tribes whose students attend 
Bureau-funded schools. After considering nominations, the Secretary 
proposes to appoint the persons named in this notice as Tribal 
Committee members. Tribes, Tribal organizations, and individual Tribal 
members may submit comments on the proposed Tribal Committee 
membership, apply for Tribal membership on the Committee, or submit 
other nominations for Tribal membership on the Committee. The Secretary 
also proposes to appoint Federal representatives to the Committee as 
listed.

DATES: Comments on the proposed Tribal members of this Committee must 
be submitted no later than February 17, 2017.

ADDRESSES: Send comments and nominations to the Designated Federal 
Official: Sue Bement, Education Program Specialist, Bureau of Indian 
Education, C/O Office of Regulatory Affairs and Collaborative Action, 
1001 Indian School Road NW., Suite 312, Albuquerque, NM 87104. Or email 
at: [email protected].

FOR FURTHER INFORMATION CONTACT: Sue Bement, Designated Federal 
Official; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The purpose of the BIE Committee is to serve as an advisory 
committee under the Federal Advisory Committee Act (FACA) and the 
Negotiated Rulemaking Act (NRA) in a manner that:
    (1) Reflects the unique government-to-government relationship 
between American Indian Tribes and the United States;
    (2) Ensures that the membership of the Committee includes only 
representatives of the Federal Government and Tribes; and
    (3) To the extent possible, allots Tribal representation based upon 
the Tribes' proportionate share of the total enrollment in Bureau-
funded schools.
    The Secretary has determined that the proper functioning of the 
Committee requires that the Committee be limited to no more than the 25 
members recommended by the NRA (5 U.S.C. 565). The Secretary has 
selected 19 Tribal representatives and 6 Federal representatives for 
the Committee, for a proposed total of 25 members.
    The Secretary finds that the proposed Tribal representatives for 
the Committee:
    (1) Represent a balance of interests that will be significantly 
affected by the final rules (i.e., parents; teachers; school board 
members; and administrators of Tribal and Tribally operated contract 
day schools, grant day schools, grant boarding schools, and peripheral 
dormitories);
    (2) Proportionately represent students from Tribes served by 
Bureau-funded schools;
    (3) Reflect the different varieties of school size, type of school 
and facility, and geographical location; and

[[Page 5474]]

    (4) Have been selected using a process that considers the nominees' 
experience and expertise in Indian education.

Every Student Succeeds Act (ESSA)

    The ESSA reauthorizes and amends the Elementary and Secondary 
Education Act of 1965 (ESEA). ESSA Section 8007(2) directs the 
Secretary of the Interior, in consultation with the Secretary of 
Education, if so requested, to use a negotiated rulemaking process to 
develop regulations for implementation of the Secretary of the 
Interior's defined standards, assessments, and accountability system 
for Bureau-funded schools no later than the 2017-2018 academic year. 
The Committee will recommend revisions to the existing regulations (25 
CFR part 30) to replace Adequate Yearly Progress (AYP) regulatory 
language and implement the Secretary's statutory responsibilities. The 
regulations will define the standards, assessments, and accountability 
system, consistent with Section 1111 of the ESEA, for Bureau-funded 
schools on a national, regional, or Tribal basis.
    ESSA Section 8007(2) also provides that if a Tribal governing body 
or school board of a Bureau-funded school determines the requirements 
established by the Secretary of the Interior are inappropriate, they 
may waive, in part or in whole, such requirements. Where such 
requirements are waived, the Tribal governing body or school board 
must, within 60 days, submit to the Secretary of the Interior a 
proposal for alternative standards, assessments, and an accountability 
system, if applicable, consistent with ESEA Section 1111. The proposal 
must take into account the unique circumstances and needs of the school 
or schools and the students served. The proposal will be approved by 
the Secretary of the Interior and the Secretary of Education, unless 
the proposed standards, assessments, and accountability system do not 
meet the requirements of ESEA Section 1111. Additionally, a Tribal 
governing body or school board of a Bureau-funded school seeking a 
waiver may request, and the Secretary of the Interior and the Secretary 
of Education will provide, technical assistance.

Proposed Work of the Committee

    The Committee will attempt to reach consensus on draft regulatory 
language for implementation by the 2017-2018 academic year. The 
objectives of the Committee are to represent the interests that will be 
significantly affected by the final regulations, negotiate in good 
faith, and reach consensus, where possible, on recommendations to the 
Secretary for the proposed regulations.
    The Committee will be charged, consistent with ESSA Section 8007, 
with developing draft regulations to implement the Secretary's 
responsibility to define the standards, assessments, and an 
accountability system, consistent with ESEA Section 1111, for Bureau-
funded schools. The draft regulations will be considered by the 
Secretary and subject to government-to-government consultation. The 
Department must have final regulations for implementation by the 2017-
2018 academic year. As a part of its deliberations, the Committee will 
consider the appropriate scope of the draft regulations, e.g., 
national, regional, or Tribal basis, as appropriate, taking into 
account the unique circumstances and needs of such schools and the 
students served by such schools, and how BIE will implement such 
regulations.
    The BIE encourages Tribal self-determination in Native education, 
by encouraging governing Tribes or school boards to develop alternative 
standards, assessments, and accountability systems, and by providing 
technical assistance. Therefore, the Committee will also be asked to 
provide recommendations on how BIE could best provide technical 
assistance under ESSA Section 8007(2) to Tribes who opt to exercise 
their authority to adopt their own standards, assessments, and an 
accountability system).
    Since the Department must have final regulations in place by the 
2017-2018 academic year, the Committee will be expected to meet 
frequently within a short time frame, i.e., from the time of 
establishment through summer 2017. BIE currently anticipates up to six 
meetings, with each meeting lasting three days in length. The BIE has 
dedicated resources required to: ensure the Committee is able to 
conduct meetings, provide technical assistance, and provide any 
additional support required to fulfill the Committee's 
responsibilities.

Proposed Tribal Committee Members

    On November 9, 2015, the BIE published a notice of intent (80 FR 
69161) requesting comments and nominations for Tribal representatives 
for the Committee. The comment period for that notice of intent closed 
December 24, 2015. On April 14, 2016, the BIE reopened the comment and 
nomination period with a new deadline of May 31, 2016 (81 FR 22039). 
The BIE further extended the comment period for Tribes to nominate 
individuals for membership on the Committee on August 17, 2016 (81 FR 
54768) with a closing date of October 3, 2016.
    Within each of those notices, the BIE solicited comments on the 
proposal to establish the Committee, including comments on any 
additional interests not identified. Within each of those notices, the 
BIE solicited nominations from Tribes whose students attended Bureau-
funded schools operated either by BIE or by a Tribe or tribal 
organization through a contract or grant, to nominate Tribal 
representatives to serve on the Committee and Tribal alternates to 
serve when the representative is unavailable. Based upon the 
proportionate share of students, some Tribes similar in affiliation or 
geography were grouped together for one seat. BIE asked those Tribes to 
either co-nominate a single Tribal representative to represent the 
multi-tribal jurisdiction or for each Tribe in the multi-Tribal 
jurisdiction to nominate a representative with the knowledge that the 
Secretary will be able to appoint only one of the nominees who will be 
responsible for representing the entire multi-Tribal jurisdiction on 
the Committee. A chart demonstrating the proportionate share of 
students attending Bureau-funded schools can be found in the Federal 
Register at 80 FR 69161, dated November 9, 2015.
    The Secretary of the Interior proposes the following Tribal 
representatives for the BIE Committee, who:
     Have knowledge of school assessments and accountability 
systems;
     Have relevant experiences as past or present 
superintendents, principals, teachers, or school board members, or 
possess direct experience with AYP;
     Are able to coordinate, to the extent possible, with other 
Tribes and schools who may not be represented on the Committee;
     Are able to present 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);
     Are able to negotiate effectively on behalf of the 
Tribe(s) represented;
     Are able to commit the time and effort required to attend 
and prepare for meetings; and
     Are able to collaborate among diverse parties in a 
consensus-seeking process.
    The proposed Committee was selected based upon nominations 
submitted through the process identified in each of the Federal 
Register notices under the ``Nominations'' or ``Submitting 
Nominations'' section. The BIE did not consider nominations that were 
received in any other manner or were

[[Page 5475]]

received after the close of each comment period.
    The Secretary proposes the following Tribal representatives for the 
Committee:

------------------------------------------------------------------------
                                  Proposed committee
     Tribe(s) represented               members           Nominated by
------------------------------------------------------------------------
Navajo Nation (Total seats =    Dr. Tommy Lewis,        Navajo Nation.
 5).                             Superintendent of
                                 Schools, Department
                                 of Din[eacute]
                                 Education.
                                Dr. Kalvin White,
                                 Office of Din[eacute]
                                 School Improvement..
                                Dr. Florinda Jackson,
                                 Office of Din[eacute]
                                 Accountability and
                                 Compliance..
                                Lemual Adson,
                                 Superintendent,
                                 Shonto Preparatory
                                 School.
Sioux Tribes (Total seats = 2)  Charles Cuny, Jr.,      Oglala Sioux
                                 Superintendent,         Tribe.
                                 Little Wound School..
                                Dr. Glori Coats-
                                 Kitsopoulas,
                                 Superintendent,
                                 American Horse School.
Hopi and Pueblo Tribes (Total   E. David Atencio,       Pueblo of
 seats = 1).                     Superintendent,         Laguna.
                                 Laguna Department of
                                 Education.
Chippewa Tribes (Total seats =  Leslie Harper,          Leech Lake Band
 2).                             Executive Assistant,    of Ojibwe.
                                 Leech Lake Band of
                                 Ojibwe Tribal Council.
Gila River, Apache, Etc.        Isaac Salcido,          Gila River
 (Total seats = 1).              Director of Tribal      Indian
                                 Education, Gila River   Community.
                                 Indian Community.
Choctaw (MS) & Cherokee (NC)    Sherry Tubby,           Mississippi Band
 (Total seats = 1).              Exceptional Education   of Choctaw
                                 Coordinator.            Indians.
Other Tribes (Total seats = 4)  Quinton Roman Nose,     Cheyenne Arapaho
                                 Executive Director,     Tribes.
                                 Tribal Education       Cherokee Nation
                                 Departments National    of Oklahoma.
                                 Assembly.              Hopi Tribe.
                                Ron Etheridge, Deputy   Santa Clara
                                 Executive Director      Pueblo.
                                 for the Education
                                 Services at Cherokee
                                 Nation..
                                Alban Naha, Interim
                                 Superintendent, Hopi
                                 Junior-Senior High
                                 School..
                                Michael Dabrieo,
                                 Principal, Kha'p'o
                                 Community School..
------------------------------------------------------------------------

    The Secretary proposes the following alternate Tribal 
representatives for the BIE Committee:

------------------------------------------------------------------------
                                  Proposed alternate
     Tribe(s) represented          committee members      Nominated by
------------------------------------------------------------------------
Chippewa Tribes...............  Jason Schlender,        Lac Courte
                                 Tribal Governing        Oreilles Band
                                 Board Representative    of Lake
                                 and Education Liaison.  Superior
                                                         Chippewa
                                                         Indians.
Choctaw (MS) & Cherokee (NC)..  Lucretia Williams,      Mississippi Band
                                 Project Coordinator,    of Choctaw
                                 Tribal Education        Indians.
                                 Department.
Other Tribes..................  Chuck Hoskin, Chief of  Cherokee Nation
                                 Staff, Cherokee         of Oklahoma.
                                 Nation of Oklahoma.    Hopi Tribe.
                                Rebecca Fred,           Santa Clara
                                 Instructional Coach,    Pueblo.
                                 Moencopi Day School.
                                Paula Gutierrez, Board
                                 President, Kha'p'o
                                 Community School.
------------------------------------------------------------------------

Proposed Federal Committee Members

    The Secretary proposes the following Federal representatives for 
the BIE Committee:

------------------------------------------------------------------------
                  Name                             Affiliation
------------------------------------------------------------------------
Sue Bement.............................  Designated Federal Officer,
                                          Bureau of Indian Education.
Dr. Jeffrey Hamley.....................  Associate Deputy Director,
                                          Division of Performance and
                                          Accountability, Bureau of
                                          Indian Education.
Brian Quint............................  Attorney-Advisor, Office of the
                                          Solicitor.
------------------------------------------------------------------------

    The Secretary proposes the following alternate Federal 
representatives for the BIE Committee:

------------------------------------------------------------------------
                  Name                             Affiliation
------------------------------------------------------------------------
Regina Gilbert.........................  Regulatory Policy Specialist,
                                          Office of Regulatory Affairs
                                          and Collaborative Action.
Jim Hastings...........................  Acting Associate Deputy
                                          Director and Education Program
                                          Administrator, Bureau of
                                          Indian Education.
Brenda Riel............................  Attorney-Advisor, Office of the
                                          Solicitor
------------------------------------------------------------------------

    If you are a Tribe with Bureau-funded schools, an Indian education 
organization, or an interested individual, we invite you to comment on 
the nominations in this notice or to nominate other persons for 
membership on the Committee. The Committee membership should reflect 
the diversity of Tribal interests, and Tribes should nominate 
representatives and alternates who will:
     Have knowledge of school assessments and accountability 
systems;
     Have relevant experiences as past or present 
superintendents, principals, teachers, or school board members, or 
possess direct experience with AYP;
     Be able to coordinate, to the extent possible, with other 
Tribes and schools who may not be represented on the Committee;
     Be able to present 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) 
represented;
     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.
    We will consider nominations for Tribal committee representatives 
only if they are nominated through the process identified in this 
notice of intent and in the Federal Register notice of intent at 80 FR 
69161. 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.

[[Page 5476]]

    Nominations must include the following information about each 
nominee:
    (1) A letter from the Tribe supporting the nomination of the 
individual to serve as a Tribal representative for the Committee and a 
statement on whether the nominee is only representing one Tribe's 
views, or whether the expectation is that the nominee represents a 
specific group of Tribes. Also include the Tribal interest(s) to be 
represented by the nominee (see Section IV, Part F of Federal Register 
notice of intent at 80 FR 69161);
    (2) A resume reflecting the nominee's qualifications and experience 
in Indian education; resume to include the nominee's name, Tribal 
affiliation, job title, major job duties, employer, business address, 
business telephone, and fax numbers (and business email address, if 
applicable); and
    (3) A brief description of how the nominee 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.
    We will consider only comments and nominations that we receive by 
the close of business Eastern Standard Time 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, email 
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 comments to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2017-01061 Filed 1-17-17; 8:45 am]
 BILLING CODE 4337-15-P