FR Doc 04-8067
[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Notices]
[Page 18887-18889]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-46]
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DEPARTMENT OF EDUCATION
Native American Vocational and Technical Education 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 Native American Vocational and
Technical Education Program (NAVTEP) in fiscal year (FY) 2000. We
propose this waiver in order to be able to extend the project periods
for 31 current grants awarded under the FY 2000 NAVTEP competition.
A waiver as proposed would mean that: (1) Current grants may be
continued at least through FY 2005 (and possibly for subsequent years,
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depending on the availability of appropriations for NAVTEP in FY 2005
and those years under the current statutory authority), instead of
ending in FY 2004, and (2) we would not announce a new competition or
make new awards in FY 2004.
We are requesting public comments on the proposed extension of
project period and waiver.
DATES: We must receive your comments on or before May 10, 2004.
ADDRESSES: Address all comments about this proposed extension and
waiver to U.S. Department of Education, Office of Vocational and Adult
Education, Attn: Sharon A. Jones, 400 Maryland Avenue, SW., 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) 245-
7803.
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 notice of 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:
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 the NAVTEP and on
potential eligible applicants who could apply for awards under the
NAVTEP.
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 NAVTEP.
During and after the comment period, you may inspect all public
comments about this proposed extension and waiver in room 11108,
Potomac Center Plaza, 550 12th Street, SW., Washington, DC, 20004
between the hours of 8 a.m. and 4 p.m., eastern time, Monday through
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.
Background
On January 3, 2001 (66 FR 560), we issued a notice inviting
applications for new awards under the NAVTEP. The notice: (a)
Established a project period of up to 36 months and reiterated that
funding for multi-year awards is dependent on a grantee meeting the
requirements of 34 CFR 75.253 (Continuation of a multi-year project
after the first budget period), (b) explained changes to the program,
(c) described the evaluation and reporting requirements, and (d)
established the Government Performance and Results Act (GPRA)
indicators for the NAVTEP.
The Carl D. Perkins Vocational and Technical Education Act of 1998
(Perkins Act), which includes authorization for the NAVTEP, expired at
the end of FY 2003 and was extended for one year under section 422 of
the General Education Provisions Act (20 U.S.C. 1226a). With the
uncertainties presented by the absence of authorizing legislation for
the NAVTEP beyond 2004, it is not advisable to hold a competition in FY
2004 for projects that would then operate for just one year. We are
generally reluctant to announce a competition under which eligible
entities would be expected to proceed through the application
preparation and submission process while lacking critical information
about the future of the program, and do not think that it would be in
the public interest to do so in this case.
Further, if we were to hold a competition in FY 2004 for grants to
operate in FY 2005 using the FY 2003 appropriation, grantees would not
have sufficient time to establish and operate effective projects. We
think that multi-year projects are necessary for grantees to have ample
time to operate high-quality certificate and degree-granting vocational
and technical education programs under the NAVTEP and would result in a
more efficient use of Federal funds.
We believe, therefore, that it is preferable and in the best
interest of the NAVTEP for us to review requests for continuation
awards from the 31 current FY 2000 grantees and extend currently funded
projects, rather than hold a new competition in FY 2004. We believe
that holding a new NAVTEP competition this year would create an
unnecessary burden for current grantees since the 31 current grantees
would have to undertake the effort and cost of submitting new
applications for funding in FY 2004. Authorizing current grantees to
request continuation awards would be a more appropriate and effective
means for current NAVTEP grantees with projects already under way to
continue their projects under this program and would also result in a
more cost-effective use of Federal funds.
Education Department General Administrative Regulations (EDGAR)
Requirement
In order to provide for continuation awards, we must waive the
requirement in 34 CFR 75.261(c)(2), that 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.
A waiver as proposed would mean that: (1) Current NAVTEP grantees
would be authorized to apply for continuation awards in FY 2004 and
could be continued at least through FY 2005 (and possibly for
subsequent years, depending on the availability of appropriations for
NAVTEP in FY 2005 and those years under the current statutory
authority), instead of ending their current projects in FY 2004, (2) we
would not announce a new competition or make new awards in FY 2004 or
any years in which Congress appropriates funds under the current
authority (3) the January 3, 2001, notice would govern projects we
propose to extend under this notice, and (4) the approved applications
submitted by the 31 current grantees in the 2001 competition would
govern all continuation awards.
Continuation of the Current Grantees
With this proposed extension and waiver of Sec. 75.261(c)(2) of
EDGAR, we propose to extend the project periods of the 31 NAVTEP
grantees that received grants under the FY 2000 competition for one
year and for any additional years for which Congress appropriates funds
under the current statutory authority.
Decisions regarding annual continuation awards will be based on the
program narratives, budgets and budget narratives, Grant Performance
Reports submitted by grantees, and on the regulations in 34 CFR 75.253.
Consistent with 34 CFR 75.253, we
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would award continuation grants if we determine, based on information
provided by each grantee, that each grantee is making substantial
progress performing its NAVTEP grant activities. Under this proposed
extension and waiver, (1) the project period for grantees could be
extended to September 30, 2005, 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 current grantees from
the account closing provisions of Public Law 101-510, or as extending
the availability of FY 2000 funds awarded to the grantees. As a result
of Public Law 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.
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 2000 grantees currently receiving
Federal funds and the following entities that are eligible for an award
under the NAVTEP:
(1) A federally recognized Indian tribe.
(2) A tribal organization.
(3) An Alaska Native entity.
(4) A Bureau-funded school (as defined in the January 3, 2001 (66
FR 560), notice inviting applications), except for a Bureau-funded
school proposing to use its award to support secondary school
vocational and technical education programs.
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.
Instructions for Requesting a Continuation Award
Generally, in order to receive a continuation grant, a grantee must
submit an annual program narrative that describes the activities it
intends to carry out during the year of the continuation award. The
activities must be consistent with, or be a logical extension of, the
scope, goals, and objectives of the grantee's application approved
under the FY 2000 competition. A grantee must also submit a budget and
budget narrative for each year it requests a continuation award. (34
CFR 75.253(c)(2)). A grantee should request a continuation award at
least 30 days before its current grant expires. A grantee may request a
continuation award for any year for which Congress appropriates funds
under the current statutory authority.
Amount of New Awards Under Continuation Grant
The actual amount of any continuation award depends on factors such
as: (1) The grantee's written statement describing how the funds made
available under the continuation award will be used, (2) a cost
analysis of the grantee's budget by the Department, and (3) whether the
unobligated funds made available are needed to complete activities that
are planned for completion in the prior budget period. (34 CFR 75.232
and 75.253(c)(2)(ii) and (3).)
Paperwork Reduction Act of 1995
This proposed extension and waiver does not contain any information
collection requirements.
Intergovernmental Review
The NAVTEP 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
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 the following site:
http://www.ed.gov/news/fedregister.
To use PDF you must have Adobe Acrobat Reader, which is available
free at this site. If you have questions about using 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:
http://www. gpoaccess.
gov/nara/index. html.
Program Authority: 20 U.S.C. 2326(a) through (g).
(Catalog of Federal Domestic Assistance Number 84.101 Native
American Vocational and Technical Education Program.)
Dated: April 6, 2004.
Susan Sclafani,
Assistant Secretary for Vocational and Adult Education.
[FR Doc. 04-8067 Filed 4-8-04; 8:45 am]
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