[Federal Register: October 6, 1999 (Volume 64, Number 193)]
[Proposed Rules]
[Page 54254-54255]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



34 CFR Part 75

Office of Elementary and Secondary Education--Safe and Drug-Free
Schools and Communities Act Native Hawaiian Program; Direct Grant

AGENCY: Department of Education.

ACTION: Notice of Proposed Waiver.


SUMMARY: The Secretary proposes to waive the requirements in EDGAR at
34 CFR 75.261 in order to extend the project period under the Safe and
Drug-Free Schools and Communities Act (SDFSCA) Native Hawaiian Program,
under title IV of the Elementary and Secondary Education Act of 1965,
as amended (ESEA), from 48 months to up to 72 months. This action will
allow services under this program to continue uninterrupted and will
result in the awarding of up to a 24-month continuation award to the
existing grantee, using fiscal year (FY) 1999 and FY 2000 funds.

DATES: Comments must be received by December 6, 1999.

ADDRESSES: Comments should be sent to the Safe and Drug-Free Schools
and Communities Native Hawaiian Program, U.S. Department of Education,
400 Maryland Avenue, SW, Washington, DC 20202-6123. FAX: (202) 260-

Department of Education, 400 Maryland Avenue, SW, Room 3E322,
Washington, DC 20202-6123. Telephone: (202) 260-2831; FAX: (202) 260-
    Individuals who use a telecommunications device for the deaf (TDD)
may call the Federal Information

[[Page 54255]]

Relay Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an
alternate format (e.g., Braille, large print, audiotape, or computer
diskette) on request to the contact person listed under FOR FURTHER

SUPPLEMENTARY INFORMATION: In 1994, title I of the Improving America's
Schools Act (IASA), Public Law 103-382, reauthorized the ESEA for a
period of 5 years (1995-1999). The Safe and Drug-Free Schools and
Communities Native Hawaiian Program is authorized by sections
4111(a)(4) and 4118 of the SDFSCA, which is title IV of ESEA. Section
4118(a) of the SDFSCA authorizes the Secretary to make grants to or
enter into cooperative agreements or contracts with ``organizations
primarily serving and representing Native Hawaiians which are
recognized by the Governor of the State of Hawaii to plan, conduct, and
administer programs, or portions thereof, which are authorized by and
consistent with the provisions of SDFSCA for the benefit of Native
Hawaiians.'' Section 4118(b) of the SDFSCA defines the term ``Native
Hawaiian'' as any individual whose ancestors were natives, prior to
1778, of the area which now comprises the State of Hawaii.
    In 1995 the Department held a competition under section 4118 of the
SDFSCA among the eligible entities for the SDFSCA Native Hawaiian
Program. As a result of that competition, the Secretary awarded a grant
to one entity with FY 1995 funds for a project period of 48 months,
based on the grant application. Since that time, the grantee for the
SDFSCA Native Hawaiian Program under the SDFSCA has received
continuation awards with funds from three subsequent fiscal years (FY
1996, FY 1997, and FY 1998). The grantee has received approximately $1
million per year.
    As of the date of publication of this notice, the ESEA has not been
reauthorized, and the current authorization has been extended into FY
2000. This waiver would allow the period of funding for the SDFSCA
Native Hawaiian Program to be directly tied to the time period for
reauthorization of the current ESEA, including SDFSCA. This proposed
waiver for the SDFSCA Native Hawaiian Program would be in force only as
long as the current SDFSCA is in effect and will terminate upon
reauthorization of ESEA. The Department is therefore soliciting public
comment on the proposed waiver.
    If the Department were to hold a new competition under the existing
legislation in FY 2000 (using FY 1999 funds), the Department would only
fund the project for a limited project period up to 24 months, in
anticipation that the program statute would be reauthorized prior to FY
2001. It would take a new grantee time much of this to 'start up',
given the scope and complexity of the services provided and the time it
takes to hire qualified staff and develop plans and relationships that
are responsive to the Native Hawaiian population in the Hawaiian
islands. Holding such a competition would impose additional costs at
the Federal level without a guarantee that the new grantee would be
able to provide the technical assistance and services necessary to
schools and communities serving the Native Hawaiian population, as the
Department moves towards reauthorization of ESEA.
    Therefore, the Assistant Secretary proposes, in the best interest
of the Federal Government, to extend the current project for up to two
additional years. This action is consistent with the President's
mandate to implement cost-effective, cost-saving initiatives. In order
to make these cost extensions the Assistant Secretary must waive the
regulation at 34 CFR 75.261, which permits extensions of projects only
at no cost to the Federal Government. In consideration of the
foregoing, the Assistant Secretary proposes to waive 34 CFR 75.261 as
applied to the SDFSCA Native Hawaiian Program during FY 1999 and FY

Regulatory Flexibility Act Certification

    The Assistant Secretary certifies that this waiver would not have a
significant economic impact on a substantial number of small entities.
The limited number of entities affected by this waiver are the current
grantee, as well as potential applicants named by the Governor, under a
new competition with a limited project period of up to 24 months.

Intergovernmental Review

    This program is subject to the requirements of Executive Order
12372 and the regulations in 34 CFR 79. The objective of the Executive
order is to foster an intergovernmental partnership and a strengthened
federalism by relying on processes developed by State and local
governments for coordination and review of proposed Federal financial
assistance. In accordance with this order, this document is intended to
provide early notification of the Department's specific plans and
actions for this program.

Invitation to Comment

    Interested parties are invited to submit comments and
recommendations regarding this waiver of 34 CFR 75.261 under the SDFSCA
Native Hawaiian Program. All comments submitted in response to this
proposed up to two year waiver will be available for public inspection,
during and after the comment period, in Room 3E322, 400 Maryland
Avenue, SW, Washington, DC, between the hours of 8:30 AM and 4:00 PM,
Monday through Friday except on Federal holidays.

Assessment of Educational Impact

    The Secretary particularly requests comments on whether this waiver
would require transmission of information that is being gathered by or
is available from any other agency or authority of the United States.

Electronic Access To This Document

    You may view this document, as well as all other Department of
Education documents published in the Federal Register, in text or Adobe
Portable Document Format (PDF) on the Internet at either of the
following sites:
    htm http:/www.ed.gov/news.html
    To use PDF you must have the Adobe Acrobat Reader Program with
Search, which is available free at either of the previous sites. If you
have questions about using the PDF, call the U.S. Government Printing
Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC,
area at (202) 512-1530.

    Note: 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 on GPO Access at:


    Catalog of Federal Domestic Assistance Number 84.186C

    Program Authority: 20 U.S.C. 7111(a)(4); 20 U.S.C. 7118.

    Dated: October 1, 1999.
Judith A. Johnson,
Acting Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 99-26094 Filed 10-5-99; 8:45 am]