Notice2023-28127
Proposed Waiver and Extension of the Project Period for the Tribally Controlled Postsecondary Career and Technical Institutions Program
Primary source
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Published
December 21, 2023
Issuing agencies
Education Department
Abstract
The Secretary proposes to waive the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. Under the proposed waiver and extension, for projects funded in fiscal year (FY) 2019 under the Tribally Controlled Postsecondary Career and Technical Institutions Program (TCPCTIP), Assistance Listing Number 84.245A, the project period would be extended through FY 2027, if Congress continues to appropriate funds under the existing program authority.
Full Text
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<title>Federal Register, Volume 88 Issue 244 (Thursday, December 21, 2023)</title>
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[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Notices]
[Pages 88381-88383]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28127]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2023-OCTAE-0193]
Proposed Waiver and Extension of the Project Period for the
Tribally Controlled Postsecondary Career and Technical Institutions
Program
AGENCY: Office of Career, Technical, and Adult Education, Department of
Education.
ACTION: Proposed waiver and extension of the project period.
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SUMMARY: The Secretary proposes to waive the requirements in the
Education Department General Administrative Regulations that generally
prohibit project periods exceeding five years and project period
extensions involving the obligation of additional Federal funds. Under
the proposed waiver and extension, for projects funded in fiscal year
(FY) 2019 under the Tribally Controlled Postsecondary Career and
Technical Institutions Program (TCPCTIP), Assistance Listing Number
84.245A, the project period would be extended through FY 2027, if
Congress continues to appropriate funds under the existing program
authority.
DATES: We must receive your comments on or before January 22, 2024.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail or commercial delivery. We will not accept comments
submitted by fax or by email or those submitted after the comment
period. To ensure that we do not receive duplicate copies, please
submit your comments only once. In addition, please include the Docket
ID at the top of your comments.
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a> to
submit your comments electronically. Information on using
<a href="http://Regulations.gov">Regulations.gov</a>, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``FAQ.''
<bullet> Postal Mail or Commercial Delivery: If you mail or deliver
your comments, address them to Hugh Reid, U.S. Department of Education,
400 Maryland Avenue SW, Room 4A-172, Washington, DC 20202-7241.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
<a href="http://www.regulations.gov">www.regulations.gov</a>. Therefore, commenters should be careful to include
in their comments only information that they wish to make publicly
available.
FOR FURTHER INFORMATION CONTACT: Hugh Reid. Telephone: (202) 245-7491.
Email: <a href="/cdn-cgi/l/email-protection#a2cad7c5ca8cd0c7cbc6e29ec382cad0c7c49f" http: ed.gov">ed.gov</a>">hugh.reid@<a href="http://ed.gov">ed.gov</a></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this proposed waiver and extension. We are particularly interested in
receiving comments on the potential impact that the proposed waiver and
extension may have on TCPCTIP and on potential applicants that may be
eligible to apply for grant awards under any new TCPCTIP notice
inviting applications, should there be one. Eligible applicants for
TCPCTIP are Tribally controlled postsecondary career and technical
institutions that do not receive Federal support under Title I of 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.).
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14094 and their
[[Page 88382]]
overall requirement of reducing regulatory burden that might result
from the proposed waiver and extension. Please let us know of any
further ways we could reduce potential costs or increase potential
benefits while preserving the effective and efficient administration of
the program. During and after the comment period, you may inspect
public comments about the proposed waiver and extension by accessing
<a href="http://Regulations.gov">Regulations.gov</a>. To inspect the public comments in person, please
contact the program contact person listed under FOR FURTHER INFORMATION
CONTACT.
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 proposed waiver and extension. If you
want to schedule an appointment for this type of aid, please contact
the person listed under FOR FURTHER INFORMATION CONTACT.
Background
Section 117 of the Carl D. Perkins Career and Technical Education
Act of 2006 (Pub. L. 115-224) (Perkins V or the Act), authorizes the
Secretary to make grants to Tribally controlled postsecondary career
and technical institutions that do not receive Federal support under
Title I of the Tribally Controlled Colleges and Universities Assistance
Act of 1978 (25 U.S.C. 1802, et seq.) or the Navajo Community College
Act (Pub. L. 92-189; 85 Stat. 646) for career and technical education
programs for Native American students and for the institutional support
costs of the grant.
Current TCPCTIP grantees, selected based on the TCPCTIP notice
inviting applications published in the Federal Register (84 FR 29854)
on June 25, 2019 (NIA), operate career and technical education programs
for Native American students as authorized by section 117 of Perkins V
(20 U.S.C. 2327). The budget and project period for the two TCPCTIP
grantees is scheduled to end with funds awarded in FY 2023.
For these projects, the Secretary proposes 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. The Secretary
makes these proposals because section 117(i) of Perkins V authorizes
appropriations for activities under section 117 of the Act, through FY
2024 (20 U.S.C. 2327(i)). The Secretary also proposes to extend the
project period for the two current TCPCTIP grantees (20 U.S.C. 2327(a))
through FY 2027, if Congress continues to appropriate funds under the
existing program authority. The proposed waiver and extension would
enable the two current TCPCTIP grantees to request and continue to
receive Federal funds beyond the 60-month limitation set by 34 CFR
75.250.
Moreover, with the proposed waiver and extension, the Department
would not announce a new competition or make new awards until FY 2027,
if Congress continues to authorize and appropriate funds under the
existing program authority. Instead, current TCPCTIP projects funded
under the NIA could be continued at least through the FY 2027 budget
and project period, if Congress continues to appropriate funds for
TCPCTIP under the existing program authority.
We believe that the proposed waiver and extension is in the public
interest, given that the Navajo Technical University and the United
Tribes Technical College are the only two eligible entities for the
TCPCTIP program, and those entities are the current grantees. Running
another competition in which the same entities would receive awards is
not an effective use of Department and grantee resources. Further,
allowing these grantees to continue their projects would provide
continuity in the current projects and resources for the current
beneficiaries of the grantees' programs.
If we announce the proposed waiver and extension as final, we will
base our decisions regarding annual continuation awards on the program
narratives, budgets, budget narratives, and program performance
reports, submitted by current grantees, and the requirements in 34 CFR
75.253. Any activities to be carried out during the year or years of
continuation awards would have to be consistent with, or be a logical
extension of, the scope, goals, and objectives of each grantee's
application, as approved following the 2019 TCPCTIP competition. If we
publish the proposed waiver and extension as final, we would award
continuation grants based on information provided to us by each
grantee, indicating that it is making substantial progress performing
its TCPCTIP grant activities.
The proposed extension of the project period and waiver of 34 CFR
75.250 and 75.261(c)(2) would not exempt the current TCPCTIP 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
current TCPCTIP grantees. As a result of 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 would be canceled and returned to the
U.S. Treasury Department and be unavailable for restoration for any
purpose (31 U.S.C. 1552(b)).
Tribal Consultation: On September 5, 2023, the Department solicited
Tribal input \1\ on the proposed waiver and extension for TCPCTIP,
pursuant to Executive Order 13175, Consultation and Coordination With
Indian Tribal Governments. Tribal members participated by a video
conference platform. A total of 66 Tribal members and eight Tribal
leaders participated. None of the participants raised objections to the
proposed waiver and extension during the consultation or its written
comment period that ended October 5, 2023.
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\1\ Tribal Consultation on Tribally Controlled Postsecondary
Career and Technical Institutions Program
(TribalConsultationNotice_08172023.pdf (<a href="http://ed.gov">ed.gov</a>)).
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Regulatory Flexibility Act Certification
The Secretary certifies that the proposed waiver and extension
would not have a significant economic impact on a substantial number of
small entities.
The only small entities that would be affected by the proposed
waiver and extension are the two grantees selected based on the NIA
currently receiving Federal funds. These are the only entities eligible
to receive a grant under this program.
The Secretary certifies that the proposed waiver and extension
would not have a significant economic impact on these entities because
the proposed waiver and extension would impose minimal compliance costs
to extend projects already in existence, and the activities required to
support the additional year or years of funding would not impose
additional regulatory burdens or require unnecessary Federal
supervision.
Paperwork Reduction Act of 1995
The proposed waiver and extension do not contain any information
collection requirements.
Intergovernmental Review
The TCPCTIP is not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.
Accessible Format: On request to the program contact person listed
under FOR
[[Page 88383]]
FURTHER INFORMATION CONTACT, individuals with disabilities can obtain
this document in an accessible format. The Department will provide the
requestor with an accessible format that may include Rich Text Format
(RTF) or text format (txt), a thumb drive, an MP3 file, braille, large
print, audiotape, or compact disc, or other accessible format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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 the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Program Authority: 20 U.S.C. 2327.
Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2023-28127 Filed 12-20-23; 8:45 am]
BILLING CODE 4000-01-P
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