[Federal Register: April 12, 2002 (Volume 67, Number 71)]
[Notices]
[Page 17976-17978]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap02-36]
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DEPARTMENT OF EDUCATION
Tribally Controlled Postsecondary Vocational and Technical
Institutions Program
AGENCY: Office of Vocational and Adult Education, Department of
Education.
ACTION: Notice of proposed extension of project period and waiver.
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SUMMARY: We propose to waive the requirement in 34 CFR 75.261(c)(2) as
it applies to projects funded under the Tribally Controlled
Postsecondary Vocational and Technical Institutions Program (TCPVTIP)
in fiscal year (FY) 2001. We propose this waiver in order to be able to
extend the project periods for the two current FY 2001 grants awarded
under the TCPVTIP. A waiver as proposed would mean that: (1) Current
grants may be continued at least through FY 2004 (depending on the
availability of appropriations for TCPVTIP in subsequent years under
the current statutory authority), instead of ending in FY 2002, and (2)
we would not announce a new competition or make new awards in FY 2002,
as previously planned.
We are requesting public comments on the proposed extension and
waiver.
DATES: We must receive your comments on or before May 13, 2002.
ADDRESSES: Address all comments about this proposed extension and
waiver to Sharon A. Jones, U.S. Department of Education, 400 Maryland
Avenue, SW., room 4515, Mary E. Switzer Building, Washington, DC 20202-
7242. If you prefer to send your comments through the Internet, use the
following address: sharon.jones@ed.gov.
FOR FURTHER INFORMATION CONTACT: Sharon A. Jones. Telephone (202) 205-
9870.
If you use a telecommunications device for the deaf (TDD), you may
call the Federal Information Relay Service (FIRS) at 1-800-877-8339.
Individuals with disabilities may obtain this proposed extension
and waiver in an alternative format (e.g., Braille, large print,
audiotape, or computer diskette) on request to the contact person
listed under FOR FURTHER INFORMATION CONTACT.
SUPPLEMENTARY INFORMATION:
[[Page 17977]]
Background
On March 28, 2001 (66 FR 17036), we issued a notice inviting
applications for new awards under the TCPVTIP for FY 2001. In that
notice, we announced that the project period would be three years for
grants awarded under the competition. On May 16, 2001 (66 FR 27080), we
issued a notice modifying the March 28th notice by reducing the project
period from three years to one year and extending the application
deadline. The one-year project period was intended to provide time for
affected parties to confer with us and the Congress on the future
implementation of the TCPVTIP. However, after the May 16th notice was
published, Congress enacted the Supplemental Appropriations Act, 2001,
Pub. L. 107-20. Section 2701 of Pub. L. 107-20 amended section 117 of
the Carl D. Perkins Vocational and Technical Education Act of 1998
(Perkins Act), which authorizes the TCPVTIP, and clarified
congressional intent with respect to the implementation of the TCPVTIP
by--
(a) Limiting eligibility to tribally controlled postsecondary
vocational and technical institutions that do not receive Federal
support under the Tribally Controlled College or University Assistance
Act of 1978 (25 U.S.C. 1801 et seq.) or the Navajo Community College
Act (25 U.S.C. 640a et seq.); and
(b) Authorizing the use of funds under the TCPVTIP for
institutional support.
In light of section 2701 of Pub. L. 107-20, and congressional
action taken regarding eligibility and use of funds for institutional
support, we believe that multi-year awards, rather than one-year
awards, are now more appropriate for projects under this program and
that they would result in a more efficient use of Federal funds.
Specifically, we believe that it is now preferable and in the best
interest of the TCPVTIP for us to issue continuation awards to the
existing FY 2001 grantees, rather than hold a new competition in FY
2002.
Moreover, the Perkins Act, which includes the TCPVTIP, expires at
the end of FY 2003. With the uncertainties presented by the absence of
authorizing legislation for the TCPVTIP beyond 2003, it does not appear
to be advisable to hold a competition in FY 2003 for projects that
would operate in FY 2004. We are generally reluctant to announce a
competition whereby eligible entities would be expected to proceed
through the application preparation and submission process while
lacking critical information, and do not think that it would be in the
public interest to do so in this case.
In addition, it is unlikely that the very limited group of eligible
tribally controlled postsecondary vocational and technical
institutions, other than the two current grantees, would undertake the
effort and cost of applying for funding in FY 2002 or FY 2003 with the
authorizing legislation expiring at the end of FY 2003. Thus, a new
competition is likely merely to cause existing grantees to expend
valuable time and resources applying for program funding under the
existing authority, while not providing a meaningful funding
opportunity for the limited group of other eligible applicants to apply
for Federal funding.
EDGAR Requirement
In order to provide for multi-year awards, we must waive the
requirement in 34 CFR 75.261(c)(2), which establishes the conditions
for extending a project period, including prohibiting the extension of
a program's project period if it involves the obligation of additional
Federal funds.
This proposed extension and waiver would allow us to make
continuation grants at least in FY 2002 and FY 2003 and perhaps beyond
2003 if Congress continues to appropriate funds for the program under
the current statutory authority.
Programs Affected
The two FY 2001 grantees affected by this proposed extension and
waiver are Crownpoint Institute of Technology (CIT) and United Tribes
Technical College (UTTC). This proposed extension and waiver proposes
to extend the current grantees' project periods for two years and for
any additional years for which Congress appropriates funds under the
current statutory authority. Decisions regarding continuation awards
will be made based on Grant Performance Reports submitted by CIT and
UTTC and the regulations at 34 CFR 75.253. Consistent with 34 CFR
75.253, we would extend each grant if we determined, among other
things, and based on information provided by each grantee, that each
grantee was making substantial progress performing grant activities.
Under this proposed extension and waiver, (1) the project period for
CIT could be extended to August 31, 2004 and UTTC's project could be
extended to July 31, 2004 and (2) additional continuation awards could
be made for any additional year or years for which Congress
appropriates funds under existing statutory authority.
We do not interpret the waiver as exempting the two current
grantees from the account closing provisions of Pub. L. 101-510, or as
extending the availability of FY 2001 funds awarded to the grantees. As
a result of Pub. L. 101-510, appropriations available for a limited
period may be used for payments 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 Treasury Department and is unavailable for
restoration for any purpose.
We are proposing this extension and waiver in order to--
(1) Give the current grantees early notice of the possibility that
additional years of funding may be available through continuation
awards;
(2) Provide other eligible entities with notice that if this
proposal for extension and waiver is published in final form, the
Department will not be announcing a competition under this program in
FY 2002; and
(3) Request comments on this proposed extension and waiver.
Invitation To Comment
We invite you to submit comments regarding this proposed extension
and waiver. We are particularly interested in receiving comments on the
potential impact the extension and waiver may have on eligible tribally
controlled postsecondary vocational and technical institutions that are
not currently grantees and that may be interested in applying for
funding under this program prior to FY 2004, since the proposed
extension and waiver would effectively postpone, for at least two or
more years, the opportunity for funding new grantees.
We also invite comments on the proposed extension and waiver from
Indian tribal governments or their representative organizations, under
the terms of Executive Order 13175 (Tribal Consultation).
Additionally, we invite you to assist us in complying with the
specific requirements of Executive Order 12866 and its overall
requirement of reducing regulatory burden that might result from this
proposed extension and waiver. Please let us know of any further
opportunities we should take to reduce potential costs or increase
potential benefits while preserving the effective and efficient
administration of the TCPVTIP.
During and after the comment period, you may inspect all public
comments about this proposed extension and waiver in room 4515, Mary E.
Switzer Building, 330 C Street SW., Washington, DC, between the hours
of 8 a.m. and 4 p.m., Eastern time, Monday through
[[Page 17978]]
Friday of each week except Federal holidays.
Assistance to Individuals With Disabilities in Reviewing the
Rulemaking Record
On request, we will supply an appropriate aid, such as a reader or
print magnifier, to an individual with a disability who needs
assistance to review the comments or other documents in the public
rulemaking record for this proposed extension and waiver. If you want
to schedule an appointment for this type of aid, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Regulatory Flexibility Act Certification
The Secretary certifies that the proposed extension and waiver and
the activities required to support additional years of funding would
not have a significant economic impact on a substantial number of small
entities.
The small entities that would be affected by this proposed
extension and waiver are the FY 2001 projects currently receiving
Federal funds and tribally controlled postsecondary vocational and
technical institutions that are not receiving Federal support under the
Tribally Controlled College or University Assistance Act of 1978 (25
U.S.C. 1801 et seq.) or the Navajo Community College Act (25 U.S.C.
640a et seq.). However, the proposed extension and waiver would not
have a significant economic impact on these entities because the
proposed extension and waiver and the activities required to support
the additional years of funding would not impose excessive regulatory
burdens or require unnecessary Federal supervision. The proposed
extension and waiver would impose minimal requirements to ensure the
proper expenditure of program funds, including requirements that are
standard to continuation awards.
Paperwork Reduction Act of 1995
This proposed extension and waiver does not contain any information
collection requirements.
Intergovernmental Review
The TCPVTIP is not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.
Assessment of Educational Impact
The Secretary particularly requests comments on whether this
proposed extension and waiver would require transmission of information
that any other agency or authority of the United States gathers or
makes available.
Electronic Access to This Document
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Note: The official version of this document is the document
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(Catalog of Federal Domestic Assistance Number 84.245 Tribally
Controlled Postsecondary Vocational and Technical Institutions
Program)
Dated: April 9, 2002.
Carol D'Amico,
Assistant Secretary, Office of Vocational and Adult Education.
[FR Doc. 02-8970 Filed 4-11-02; 8:45 am]
BILLING CODE 4000-01-P