[Federal Register: February 23, 2000 (Volume 65, Number 36)]
[Rules and Regulations]
[Page 8850-8851]
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 final waiver.


SUMMARY: The Secretary waives the requirements in Education Department
General Administrative Regulations (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 allows services under this
program to continue uninterrupted and results in the awarding of up to
two continuation awards for a total of up to 24 months to the existing
grantee, using fiscal year (FY) 1999 and FY 2000 funds.

DATES: This waiver becomes effective February 23, 2000.

FOR FURTHER INFORMATION CONTACT: Elayne McCarthy, U.S. Department of
Education, 400 Maryland Avenue, SW,

[[Page 8851]]

Room 3E322, Washington, DC 20202-6123. Telephone: (202) 260-2831; FAX:
(202) 260-7767.
    Individuals who use a telecommunications device for the deaf (TDD)
may call the Federal Information Relay Service (FIRS) at 1-800-877-
    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 in the preceding

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 final notice, the ESEA has
not been reauthorized, and the current authorization has been extended
into FY 2000. This waiver allows 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 waiver for
the SDFSCA Native Hawaiian Program is in force only as long as the
current SDFSCA is in effect and will terminate upon reauthorization of
    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 much of this time 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, in the
best interest of the Federal Government, the Assistant Secretary
extends the current project for up to two additional years and waives
the regulation at 34 CFR 75.261, which permits extensions of projects
only at no cost to the Federal Government. This action is consistent
with the President's mandate to implement cost-effective, cost-saving
    On October 6, 1999, the Secretary published a notice of proposed
waiver (64FR 54254-54255) for the Safe and Drug-Free Schools and
Communities Act Native Hawaiian Program. In the notice of proposed
waiver the Secretary invited public comments. The Secretary received
one comment that did not propose a substantive change, and therefore is
not addressed in this final notice of waiver.

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.

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

Waiver of Delayed Effective Date

    The Secretary waives the delayed effective date under 5 U.S.C.
553(d) as unnecessary and contrary to the public interest. This notice
extends the grant period for the current SDFSCA Native Hawaiian Program
grantee to ensure continuation of services while the current SDFSCA is
in force. It will terminate upon reauthorization of ESEA. A delayed
effective date would serve no useful purpose.

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Catalog of Federal Domestic Assistance Number 84.186C.

    Dated: February 17, 2000.
Michael Cohen,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 00-4260 Filed 2-22-00; 8:45 am]