Rule2024-10733
Final Waiver and Extension of the Project Period for the Tribally Controlled Postsecondary Career and Technical Institutions Program
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Published
May 16, 2024
Effective
May 16, 2024
Issuing agencies
Education Department
Abstract
The Secretary waives 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 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 is 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 89 Issue 96 (Thursday, May 16, 2024)</title>
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[Federal Register Volume 89, Number 96 (Thursday, May 16, 2024)]
[Rules and Regulations]
[Pages 42806-42808]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10733]
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DEPARTMENT OF EDUCATION
34 CFR Part 75
Final 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: Final waiver and extension of the project period.
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SUMMARY: The Secretary waives 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 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 is extended through FY 2027, if Congress continues to
appropriate funds under the existing program authority.
DATES: The waiver and extension of the project periods are effective
May 16, 2024.
FOR FURTHER INFORMATION CONTACT: Hugh Reid. Telephone: (202) 245-7491.
Email: <a href="/cdn-cgi/l/email-protection#deb6abb9b6f0acbbb7ba9ee2bffeb6acbbb8e3" 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:
Background: On December 21, 2023, we published a document in the
Federal Register (88 FR 88381) (December 2023 proposed waiver and
extension) proposing to waive 34 CFR 75.250 and extend the project
period under 34 CFR 75.261(c)(2) for TCPCTIP under the Carl D. Perkins
Career and Technical Education Act of 2006 (Perkins V). These
regulations generally limit project periods to 60 months and restrict
project period extensions involving the obligation of additional
Federal funds. In the December 2023 proposed waiver and extension, the
Secretary also proposed to: (1) extend the project period for current
TCPCTIP grantees through FY 2027, if Congress continues to appropriate
funds under the existing program authority; and (2) not announce a new
competition or make new awards until FY 2027.
Public Comment: In the December 2023 proposed waiver and extension,
we invited comments about the potential effect the proposed waiver and
extension would have on TCPCTIP and on applicants that may be eligible
to apply for grant awards under any new TCPCTIP notice inviting
applications, should there be one. In response to our invitation in the
December 2023 proposed waiver and extension, two parties provided
responsive comments.
Analysis of Comments and Changes: An analysis of the comments we
received on the proposed waiver and extension follows. There are no
substantive differences between the proposed waiver and extension and
the final waiver and extension.
Comment: The first commenter supported the waiver and extension of
the comment period for TCPCTIP, pointing out that: (1) no entities
other than Navajo Technical University (NTU) and United Tribes
Technical College (UTTC) meet the definition of a ``tribally controlled
postsecondary career and technical institution'' in section 3(52) of
Perkins V (20 U.S.C. 2302(52)) and the criteria in section 117 of
Perkins V (20 U.S.C. 2327(d)); and (2) there is no indication that
another entity has ever applied for TCPCTIP. The commenter further
noted that a Native American or Alaska Native Tribe will not take the
steps necessary to establish and support a TCPCTIP because it is easier
for a Tribe to establish a Tribally Controlled College or University
that meets the requirements to receive funding under title I of the
Tribally Controlled Colleges and Universities Assistance Act of 1978
(TCCUAA; 25 U.S.C. 1801 et seq.), which requires at least one year of
operation prior to making an application with a majority of students
who are Indians (TCCUAA, section 103(3); 25 U.S.C. 1804(3)), as opposed
to the three years of operation prior to making an application for
participation in the TCPCTIP (Perkins V, section 3(52)(E); 20 U.S.C.
2302(52)(E)).
The commenter also recommended that in the event a Tribe expresses
interest in establishing a TCPCTIP that meets the requirements of the
program, the Department of Education (ED) should consult with Tribes,
Tribal Colleges and Universities, and the Department of the Interior's
(DOI's) Bureau of Indian Education (BIE) to ensure consistency in the
application process, including ensuring the completion of a
satisfactory feasibility study.
In addition, for future competitions, the commenter proposed that
ED should take steps to ensure that existing grantees are held harmless
should a new institution be deemed fundable, specifically, urging ED to
establish a ``hold-harmless provision,'' which would ensure that
funding for existing grantees would not be reduced below the prior
year's level.
Discussion: We appreciate the commenter's support for the TCPCTIP
waiver and extension. We will continue to work with Tribes, Tribal
Colleges and Universities, and the DOI's BIE to ensure consistency in
the TCPCTIP application process so that all applicants meet the same
requirements. We note, however, that neither section
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3(52) of Perkins V (20 U.S.C. 2302(52)), which defines ``tribally
controlled postsecondary career and technical institution,'' nor
section 117 of Perkins V (20 U.S.C. 2327), which authorizes funding for
TCPCTIP, requires an applicant to complete a feasibility study. Also,
neither section 3(52) or section 117 of Perkins V (20 U.S.C. 2302 (52),
2327) includes a hold-harmless provision. Because a feasibility study
and adding a hold-harmless provision are outside the scope of the
proposed waiver and extension, we decline to make the suggested
changes.
Changes: None.
Comment: The second commenter stated that deviation from standard
grant making practice should only be considered where it is fully
evident that no other organizations could apply for, and make use of,
grant funds, and expressed concern that the proposed extension of the
grant period would have the unintended consequence of limiting the
ability of a new organization to access TCPCTIP funds. The commenter
opposed the waiver and extension of the project period for the TCPCTIP
through FY 2027 and proposed that a new competition should be held to
provide the opportunity for new organizations to fairly compete for
grant funds and that failing to hold a new competition only benefits
the existing grantees.
Discussion: There are no entities besides NTU and UTTC that meet
the requirements in the definition of ``tribally controlled
postsecondary career and technical institution'' in section 3(52)(E) of
Perkins V (20 U.S.C. 2302(52)(E)) and the eligibility requirements in
section 117(a) (20 U.S.C. 2327(a)), which specifies that an applicant
may not receive Federal assistance under title I of the Tribally
Controlled Colleges and Universities Assistance Act of 1978 (25 U.S.C.
1801 et seq.) or the Navajo Community College Act (Pub. L. 92-189, as
amended) to be eligible to apply for a TCPCTIP grant. On September 5,
2023, the Department solicited Tribal input on the proposed waiver and
extension for TCPCTIP, pursuant to Executive Order 13175, Consultation
and Coordination With Indian Tribal Governments. We asked during that
consultation whether participants were aware of any other entity that
is or will be eligible to apply for TCPCTIP prior to FY 2025.
Participants did not identify any other entities that are or will be
eligible for TCPCTIP during the consultation or its written comment
period that ended October 5, 2023. The Department also did not receive
any comments from entities that are or seek to be eligible to apply for
TCPCTIP grant funds during the 30-day public comment period for this
waiver and extension.
Moreover, as noted earlier, the definition of ``tribally controlled
postsecondary career and technical institution'' requires an
institution to have been in operation for three years (20 U.S.C.
2302(52)(E)). Should a new entity that aspires to be a ``tribally
controlled postsecondary career and technical institution'' emerge and
begin operations in the next year or later, it would not be eligible to
apply to TCPTIP until FY 2028 at the earliest.
Changes: None.
Final Waiver and Extension of the Project Period
Section 117 of Perkins V 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.
1801 et seq.) or the Navajo Community College Act (Pub. L. 92-189, as
amended) 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 waives the requirements of 34 CFR
75.250 and 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 changes 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 extends the project period for the two current TCPCTIP
grantees (Perkins V, section 117(a); 20 U.S.C. 2327(a)) through FY
2027, if Congress continues to appropriate funds under the existing
program authority. The waiver and extension enables 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 waiver and extension, the Department will 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 waiver and extension is in the public interest,
given that NTU and UTTC are the only two eligible entities for the
TCPCTIP program, and those entities are the current grantees. Running
another competition in which only the same very limited number of
entities will be eligible to receive awards is not an effective use of
Department and grantee resources. Further, allowing these grantees to
continue their projects will provide continuity in the current projects
and resources for the current beneficiaries of the grantees' programs.
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 must 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. We will 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 extension of the project period and waiver of 34 CFR 75.250 and
75.261(c)(2) will not exempt the current TCPCTIP grantees from the
appropriation account-closing provisions of 31 U.S.C. 1552(a), nor will
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 will 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
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extension, 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 TCPCTIP
(TribalConsultationNotice_08172023.pdf (<a href="http://ed.gov">ed.gov</a>)).
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Regulatory Flexibility Act Certification
The Secretary certifies that the waiver and extension will not have
a significant economic impact on a substantial number of small
entities.
The only small entities affected by the 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 waiver and extension will not have
a significant economic impact on these entities because the waiver and
extension will impose minimal compliance costs to extend projects
already in existence, and the activities required to support the
additional years of funding will not impose additional regulatory
burdens or require unnecessary Federal supervision.
Paperwork Reduction Act of 1995
The 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 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
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You may also access documents of the Department published in the
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by the Department.
Program Authority: Perkins V, section 117; 20 U.S.C 2327.
Amy Loyd,
Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2024-10733 Filed 5-15-24; 8:45 am]
BILLING CODE 4000-01-P
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