[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
[[Page 34963]]
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.
[[Page 34964]]
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]
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