Proposed Membership of the Bureau of Indian Education Accountability Negotiated Rulemaking Committee, 5473-5476 [2017-01061]
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(b) owner maintenance and
management charges for the space;
(c) the monthly payments made by the
family to amortize the cost of
purchasing the manufactured home,
including any required insurance and
property taxes; and
(d) the applicable allowances for
tenant paid utilities.
The monthly payment made by the
family to amortize the cost of
purchasing the manufactured home is
the debt service established at the time
of application to a lender for financing
the purchase of the manufactured home
if monthly payments are still being
made. Any increase in debt service due
to refinancing after purchase of the
home may not be included in the
amortization cost. Debt service for setup charges incurred by a family may be
included in the monthly amortization
payments made by the family. In
addition, set-up charges incurred before
the family became an assisted family
may be included in the amortization
cost if monthly payments are still being
made to amortize the charges.
The total amount for the rent of the
manufactured home space and the other
eligible expenses is reported in PIC on
the HUD–50058 on line 12k, even
though it includes amounts in addition
to the total monthly rent payable to the
owner under the lease for the contract
unit.
The utility allowances are the
applicable utility allowances from the
PHA utility allowance schedule under
24 CFR 982.517 and 982.624.
If the amount of the monthly
assistance payment for a family exceeds
the monthly rent for the manufactured
home space (including the owner’s
monthly management and maintenance
charges), the PHA may pay the
remainder to the family, lender or utility
company.
HOTMA further provides that the
PHA may choose to make a single
payment to the family for the entire
monthly assistance amount rather than
making the HAP directly to the owner
of the manufactured home space the
family is renting. HUD is not
implementing this option at this time
but is seeking comment on how to best
implement this option, including how
to best ensure the PHA may still take
enforcement action when necessary
against an owner who fails to fulfill his
or her responsibilities under the HCV
program.
Question for Comment
When implementing the option to
allow the PHA to make a single HAP
directly to the family, how would HUD
ensure that a PHA take enforcement
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action against an owner of a
manufactured home space who fails to
fulfill his or her responsibilities under
the HCV program? Would a
manufactured home park owner be
willing to enter into a contract under
which he or she would receive no direct
payment?
III. Environmental Impact Certification
A Finding of No Significant Impact
(FONSI) with respect to the
environment has been made in
accordance with HUD regulations in 24
CFR part 50 that implement section
102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C.
4332(2)(C)). The FONSI is available for
public inspection on
www.regulations.gov.
Dated: January 10, 2017.
Nani Coloretti,
Deputy Secretary.
5473
Committee, or submit other nominations
for Tribal membership on the
Committee. The Secretary also proposes
to appoint Federal representatives to the
Committee as listed.
DATES: Comments on the proposed
Tribal members of this Committee must
be submitted no later than February 17,
2017.
ADDRESSES: Send comments and
nominations to the Designated Federal
Official: Sue Bement, Education
Program Specialist, Bureau of Indian
Education, C/O Office of Regulatory
Affairs and Collaborative Action, 1001
Indian School Road NW., Suite 312,
Albuquerque, NM 87104. Or email at:
BIEcomments@bia.gov.
FOR FURTHER INFORMATION CONTACT: Sue
Bement, Designated Federal Official;
email BIEcomments@bia.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2017–00911 Filed 1–17–17; 8:45 am]
Background
BILLING CODE 4210–67–P
The purpose of the BIE Committee is
to serve as an advisory committee under
the Federal Advisory Committee Act
(FACA) and the Negotiated Rulemaking
Act (NRA) in a manner that:
(1) Reflects the unique government-togovernment relationship between
American Indian Tribes and the United
States;
(2) Ensures that the membership of
the Committee includes only
representatives of the Federal
Government and Tribes; and
(3) To the extent possible, allots
Tribal representation based upon the
Tribes’ proportionate share of the total
enrollment in Bureau-funded schools.
The Secretary has determined that the
proper functioning of the Committee
requires that the Committee be limited
to no more than the 25 members
recommended by the NRA (5 U.S.C.
565). The Secretary has selected 19
Tribal representatives and 6 Federal
representatives for the Committee, for a
proposed total of 25 members.
The Secretary finds that the proposed
Tribal representatives for the
Committee:
(1) Represent a balance of interests
that will be significantly affected by the
final rules (i.e., parents; teachers; school
board members; and administrators of
Tribal and Tribally operated contract
day schools, grant day schools, grant
boarding schools, and peripheral
dormitories);
(2) Proportionately represent students
from Tribes served by Bureau-funded
schools;
(3) Reflect the different varieties of
school size, type of school and facility,
and geographical location; and
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR 30
[178A2100DD/AAKC001030/
A0A501010.999900 253G]
Proposed Membership of the Bureau
of Indian Education Accountability
Negotiated Rulemaking Committee
Bureau of Indian Affairs,
Interior.
ACTION: Proposed membership of
negotiated rulemaking committee;
request for nominations; and request for
comments.
AGENCY:
The Secretary of the Interior
has selected proposed members to form
the Bureau of Indian Education (BIE)
Accountability Negotiated Rulemaking
Committee (Committee) which will
recommend revisions to the existing
regulations to implement the Secretary’s
responsibility to define the standards,
assessments, and accountability system
for Bureau-funded schools, as required
by the Every Student Succeeds Act
(ESSA). Representatives were
nominated by Tribes whose students
attend Bureau-funded schools. After
considering nominations, the Secretary
proposes to appoint the persons named
in this notice as Tribal Committee
members. Tribes, Tribal organizations,
and individual Tribal members may
submit comments on the proposed
Tribal Committee membership, apply
for Tribal membership on the
SUMMARY:
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(4) Have been selected using a process
that considers the nominees’ experience
and expertise in Indian education.
Every Student Succeeds Act (ESSA)
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The ESSA reauthorizes and amends
the Elementary and Secondary
Education Act of 1965 (ESEA). ESSA
Section 8007(2) directs the Secretary of
the Interior, in consultation with the
Secretary of Education, if so requested,
to use a negotiated rulemaking process
to develop regulations for
implementation of the Secretary of the
Interior’s defined standards,
assessments, and accountability system
for Bureau-funded schools no later than
the 2017–2018 academic year. The
Committee will recommend revisions to
the existing regulations (25 CFR part 30)
to replace Adequate Yearly Progress
(AYP) regulatory language and
implement the Secretary’s statutory
responsibilities. The regulations will
define the standards, assessments, and
accountability system, consistent with
Section 1111 of the ESEA, for Bureaufunded schools on a national, regional,
or Tribal basis.
ESSA Section 8007(2) also provides
that if a Tribal governing body or school
board of a Bureau-funded school
determines the requirements established
by the Secretary of the Interior are
inappropriate, they may waive, in part
or in whole, such requirements. Where
such requirements are waived, the
Tribal governing body or school board
must, within 60 days, submit to the
Secretary of the Interior a proposal for
alternative standards, assessments, and
an accountability system, if applicable,
consistent with ESEA Section 1111. The
proposal must take into account the
unique circumstances and needs of the
school or schools and the students
served. The proposal will be approved
by the Secretary of the Interior and the
Secretary of Education, unless the
proposed standards, assessments, and
accountability system do not meet the
requirements of ESEA Section 1111.
Additionally, a Tribal governing body or
school board of a Bureau-funded school
seeking a waiver may request, and the
Secretary of the Interior and the
Secretary of Education will provide,
technical assistance.
Proposed Work of the Committee
The Committee will attempt to reach
consensus on draft regulatory language
for implementation by the 2017–2018
academic year. The objectives of the
Committee are to represent the interests
that will be significantly affected by the
final regulations, negotiate in good faith,
and reach consensus, where possible, on
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recommendations to the Secretary for
the proposed regulations.
The Committee will be charged,
consistent with ESSA Section 8007,
with developing draft regulations to
implement the Secretary’s responsibility
to define the standards, assessments,
and an accountability system, consistent
with ESEA Section 1111, for Bureaufunded schools. The draft regulations
will be considered by the Secretary and
subject to government-to-government
consultation. The Department must
have final regulations for
implementation by the 2017–2018
academic year. As a part of its
deliberations, the Committee will
consider the appropriate scope of the
draft regulations, e.g., national, regional,
or Tribal basis, as appropriate, taking
into account the unique circumstances
and needs of such schools and the
students served by such schools, and
how BIE will implement such
regulations.
The BIE encourages Tribal selfdetermination in Native education, by
encouraging governing Tribes or school
boards to develop alternative standards,
assessments, and accountability
systems, and by providing technical
assistance. Therefore, the Committee
will also be asked to provide
recommendations on how BIE could
best provide technical assistance under
ESSA Section 8007(2) to Tribes who opt
to exercise their authority to adopt their
own standards, assessments, and an
accountability system).
Since the Department must have final
regulations in place by the 2017–2018
academic year, the Committee will be
expected to meet frequently within a
short time frame, i.e., from the time of
establishment through summer 2017.
BIE currently anticipates up to six
meetings, with each meeting lasting
three days in length. The BIE has
dedicated resources required to: ensure
the Committee is able to conduct
meetings, provide technical assistance,
and provide any additional support
required to fulfill the Committee’s
responsibilities.
Proposed Tribal Committee Members
On November 9, 2015, the BIE
published a notice of intent (80 FR
69161) requesting comments and
nominations for Tribal representatives
for the Committee. The comment period
for that notice of intent closed December
24, 2015. On April 14, 2016, the BIE
reopened the comment and nomination
period with a new deadline of May 31,
2016 (81 FR 22039). The BIE further
extended the comment period for Tribes
to nominate individuals for membership
on the Committee on August 17, 2016
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(81 FR 54768) with a closing date of
October 3, 2016.
Within each of those notices, the BIE
solicited comments on the proposal to
establish the Committee, including
comments on any additional interests
not identified. Within each of those
notices, the BIE solicited nominations
from Tribes whose students attended
Bureau-funded schools operated either
by BIE or by a Tribe or tribal
organization through a contract or grant,
to nominate Tribal representatives to
serve on the Committee and Tribal
alternates to serve when the
representative is unavailable. Based
upon the proportionate share of
students, some Tribes similar in
affiliation or geography were grouped
together for one seat. BIE asked those
Tribes to either co-nominate a single
Tribal representative to represent the
multi-tribal jurisdiction or for each
Tribe in the multi-Tribal jurisdiction to
nominate a representative with the
knowledge that the Secretary will be
able to appoint only one of the
nominees who will be responsible for
representing the entire multi-Tribal
jurisdiction on the Committee. A chart
demonstrating the proportionate share
of students attending Bureau-funded
schools can be found in the Federal
Register at 80 FR 69161, dated
November 9, 2015.
The Secretary of the Interior proposes
the following Tribal representatives for
the BIE Committee, who:
• Have knowledge of school
assessments and accountability systems;
• Have relevant experiences as past or
present superintendents, principals,
teachers, or school board members, or
possess direct experience with AYP;
• Are able to coordinate, to the extent
possible, with other Tribes and schools
who may not be represented on the
Committee;
• Are able to present the Tribe(s) with
the authority to embody Tribal views,
communicate with Tribal constituents,
and have a clear means to reach
agreement on behalf of the Tribe(s);
• Are able to negotiate effectively on
behalf of the Tribe(s) represented;
• Are able to commit the time and
effort required to attend and prepare for
meetings; and
• Are able to collaborate among
diverse parties in a consensus-seeking
process.
The proposed Committee was selected
based upon nominations submitted
through the process identified in each of
the Federal Register notices under the
‘‘Nominations’’ or ‘‘Submitting
Nominations’’ section. The BIE did not
consider nominations that were
received in any other manner or were
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received after the close of each comment
period.
The Secretary proposes the following
Tribal representatives for the
Committee:
Tribe(s) represented
Proposed committee members
Navajo Nation (Total seats = 5) ......
´
Dr. Tommy Lewis, Superintendent of Schools, Department of Dine
Education.
´
Dr. Kalvin White, Office of Dine School Improvement.
´
Dr. Florinda Jackson, Office of Dine Accountability and Compliance.
Lemual Adson, Superintendent, Shonto Preparatory School
Charles Cuny, Jr., Superintendent, Little Wound School. .....................
Dr. Glori Coats-Kitsopoulas, Superintendent, American Horse School
E. David Atencio, Superintendent, Laguna Department of Education ..
Sioux Tribes (Total seats = 2) ........
Hopi and Pueblo Tribes (Total
seats = 1).
Chippewa Tribes (Total seats = 2)
Gila River, Apache, Etc. (Total
seats = 1).
Choctaw (MS) & Cherokee (NC)
(Total seats = 1).
Other Tribes (Total seats = 4) ........
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Nominated by
Leslie Harper, Executive Assistant, Leech Lake Band of Ojibwe Tribal
Council.
Isaac Salcido, Director of Tribal Education, Gila River Indian Community.
Sherry Tubby, Exceptional Education Coordinator ...............................
Quinton Roman Nose, Executive Director, Tribal Education Departments National Assembly.
Ron Etheridge, Deputy Executive Director for the Education Services
at Cherokee Nation.
Alban Naha, Interim Superintendent, Hopi Junior-Senior High School.
Michael Dabrieo, Principal, Kha’p’o Community School. ......................
Navajo Nation.
Oglala Sioux Tribe.
Pueblo of Laguna.
Leech Lake Band of Ojibwe.
Gila River Indian Community.
Mississippi Band of Choctaw Indians.
Cheyenne Arapaho Tribes.
Cherokee Nation of Oklahoma.
Hopi Tribe.
Santa Clara Pueblo.
The Secretary proposes the following
alternate Tribal representatives for the
BIE Committee:
Tribe(s) represented
Proposed alternate committee members
Nominated by
Chippewa Tribes .............................
Jason Schlender, Tribal Governing Board Representative and Education Liaison.
Lucretia Williams, Project Coordinator, Tribal Education Department ..
Lac Courte Oreilles Band of Lake
Superior Chippewa Indians.
Mississippi Band of Choctaw Indians.
Cherokee Nation of Oklahoma.
Hopi Tribe.
Santa Clara Pueblo.
Choctaw (MS) & Cherokee (NC) ....
Other Tribes ....................................
Chuck Hoskin, Chief of Staff, Cherokee Nation of Oklahoma ..............
Rebecca Fred, Instructional Coach, Moencopi Day School .................
Paula Gutierrez, Board President, Kha’p’o Community School ............
Proposed Federal Committee Members
Name
Affiliation
The Secretary proposes the following
Federal representatives for the BIE
Committee:
Jim Hastings ..
Acting Associate Deputy Director and Education Program Administrator, Bureau of Indian Education.
Attorney-Advisor, Office of
the Solicitor
Brenda Riel ....
Name
Affiliation
Sue Bement ...
Designated Federal Officer,
Bureau of Indian Education.
Associate Deputy Director,
Division of Performance
and Accountability, Bureau
of Indian Education.
Attorney-Advisor, Office of
the Solicitor.
Dr. Jeffrey
Hamley.
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Brian Quint .....
The Secretary proposes the following
alternate Federal representatives for the
BIE Committee:
Name
Affiliation
Regina Gilbert
Regulatory Policy Specialist,
Office of Regulatory Affairs and Collaborative Action.
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If you are a Tribe with Bureau-funded
schools, an Indian education
organization, or an interested
individual, we invite you to comment
on the nominations in this notice or to
nominate other persons for membership
on the Committee. The Committee
membership should reflect the diversity
of Tribal interests, and Tribes should
nominate representatives and alternates
who will:
• Have knowledge of school
assessments and accountability systems;
• Have relevant experiences as past or
present superintendents, principals,
teachers, or school board members, or
possess direct experience with AYP;
• Be able to coordinate, to the extent
possible, with other Tribes and schools
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who may not be represented on the
Committee;
• Be able to present the Tribe(s) with
the authority to embody Tribal views,
communicate with Tribal constituents,
and have a clear means to reach
agreement on behalf of the Tribe(s);
• Be able to negotiate effectively on
behalf of the Tribe(s) represented;
• Be able to commit the time and
effort required to attend and prepare for
meetings; and
• Be able to collaborate among
diverse parties in a consensus-seeking
process.
We will consider nominations for
Tribal committee representatives only if
they are nominated through the process
identified in this notice of intent and in
the Federal Register notice of intent at
80 FR 69161. We will not consider any
nominations that we receive in any
other manner. We will also not consider
nominations for Federal representatives.
Only the Secretary may nominate
Federal employees to the Committee.
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Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules
Nominations must include the
following information about each
nominee:
(1) A letter from the Tribe supporting
the nomination of the individual to
serve as a Tribal representative for the
Committee and a statement on whether
the nominee is only representing one
Tribe’s views, or whether the
expectation is that the nominee
represents a specific group of Tribes.
Also include the Tribal interest(s) to be
represented by the nominee (see Section
IV, Part F of Federal Register notice of
intent at 80 FR 69161);
(2) A resume reflecting the nominee’s
qualifications and experience in Indian
education; resume to include the
nominee’s name, Tribal affiliation, job
title, major job duties, employer,
business address, business telephone,
and fax numbers (and business email
address, if applicable); and
(3) A brief description of how the
nominee will represent Tribal views,
communicate with Tribal constituents,
and have a clear means to reach
agreement on behalf of the Tribe(s) they
are representing.
We will consider only comments and
nominations that we receive by the
close of business Eastern Standard Time
on the date listed in the DATES section,
at the location indicated in the
ADDRESSES section. Comments received
will be available for inspection at the
address listed above from 8 a.m. to 4
p.m., Monday through Friday, except
Federal holidays. Before including your
address, phone number, email address
or other personal identifying
information in your comment, please
note that your entire comment—
including your personal identifying
information—may be made publicly
available at any time. While you can ask
us in your comments to withhold your
personal identifying information from
public review, we cannot guarantee that
we will be able to do so.
Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary—Indian
Affairs.
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DEPARTMENT OF THE TREASURY
List of Subjects in 26 CFR Part 1
Internal Revenue Service
Income taxes, Reporting and
recordkeeping requirements.
Partial Withdrawal of a Notice of
Proposed Rulemaking
26 CFR Part 1
[REG–135734–14]
RIN 1545–BM45
Rules Regarding Inversions and
Related Transactions; Partial
Withdrawal of Notice of Proposed
Rulemaking
Internal Revenue Service (IRS),
Treasury.
ACTION: Partial withdrawal of notice of
proposed rulemaking.
AGENCY:
This document withdraws
portions of a notice of proposed
rulemaking (REG–135734–14) published
on April 8, 2016, in the Federal Register
(81 FR 20588). The withdrawn portions
relate to exceptions to general rules
addressing certain transactions that are
structured to avoid the purposes of
section 7874 of the Internal Revenue
Code (Code).
DATES: Portions of the proposed rules
published on April 8, 2016, in the
Federal Register (81 FR 20588) are
withdrawn as of January 18, 2017.
FOR FURTHER INFORMATION CONTACT:
Joshua G. Rabon, (202) 317–6937.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On April 8, 2016, the Department of
the Treasury (Treasury Department) and
the IRS published in the Federal
Register (81 FR 20588) proposed
regulations (REG–135734–14), including
in §§ 1.7874–7 and 1.7874–10, that
address certain transactions that are
structured to avoid the purposes of
section 7874 of the Code. The
regulations were proposed by crossreference to temporary regulations (TD
9761) in the same issue of the Federal
Register (81 FR 20858). In the Rules and
Regulations section of this issue of the
Federal Register, the Treasury
Department and the IRS are amending
certain aspects of the temporary
regulations in §§ 1.7874–7T and 1.7874–
10T. Accordingly, the Treasury
Department and the IRS are issuing a
notice of proposed rulemaking in the
Proposed Rules section of this issue of
the Federal Register that proposes rules
in §§ 1.7874–7 and 1.7874–10 by crossreference to the amended temporary
regulations. This document withdraws
the previously proposed regulations that
are replaced by the notice of proposed
rulemaking in the Proposed Rules
section of this issue of the Federal
Register.
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Accordingly, under the authority of
26 U.S.C. 7805, §§ 1.7874–7(c)(2) and
(h) and 1.7874–10(d)(2) and (i) of the
notice of proposed rulemaking (REG–
135734–14) published in the Federal
Register on April 8, 2016 (81 FR 20588)
are withdrawn.
John Dalrymple,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2017–00636 Filed 1–13–17; 4:15 pm]
BILLING CODE 4830–01–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–135734–14]
RIN 1545–BM45
Rules Regarding Inversions and
Related Transactions; Notice of
Proposed Rulemaking by CrossReference to Temporary Regulations
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking
by cross-reference to temporary
regulations.
AGENCY:
In the Rules and Regulations
section of this issue of the Federal
Register, the Department of the Treasury
(Treasury Department) and the IRS are
amending portions of temporary
regulations that address certain
transactions that are structured to avoid
the purposes of section 7874 of the
Internal Revenue Code (Code). The
temporary regulations affect certain
domestic corporations and domestic
partnerships whose assets are directly or
indirectly acquired by a foreign
corporation and certain persons related
to such domestic corporations and
domestic partnerships. The text of the
temporary regulations in the Rules and
Regulations section of this issue of the
Federal Register also serves as the text
of these proposed regulations.
DATES: Written or electronic comments
and requests for a public hearing must
be received by April 18, 2017.
ADDRESSES: Send submissions to:
CC:PA:LPD:PR (REG–135734–14), Room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20224. Submissions
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5473-5476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01061]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR 30
[178A2100DD/AAKC001030/A0A501010.999900 253G]
Proposed Membership of the Bureau of Indian Education
Accountability Negotiated Rulemaking Committee
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed membership of negotiated rulemaking committee; request
for nominations; and request for comments.
-----------------------------------------------------------------------
SUMMARY: The Secretary of the Interior has selected proposed members to
form the Bureau of Indian Education (BIE) Accountability Negotiated
Rulemaking Committee (Committee) which will recommend revisions to the
existing regulations to implement the Secretary's responsibility to
define the standards, assessments, and accountability system for
Bureau-funded schools, as required by the Every Student Succeeds Act
(ESSA). Representatives were nominated by Tribes whose students attend
Bureau-funded schools. After considering nominations, the Secretary
proposes to appoint the persons named in this notice as Tribal
Committee members. Tribes, Tribal organizations, and individual Tribal
members may submit comments on the proposed Tribal Committee
membership, apply for Tribal membership on the Committee, or submit
other nominations for Tribal membership on the Committee. The Secretary
also proposes to appoint Federal representatives to the Committee as
listed.
DATES: Comments on the proposed Tribal members of this Committee must
be submitted no later than February 17, 2017.
ADDRESSES: Send comments and nominations to the Designated Federal
Official: Sue Bement, Education Program Specialist, Bureau of Indian
Education, C/O Office of Regulatory Affairs and Collaborative Action,
1001 Indian School Road NW., Suite 312, Albuquerque, NM 87104. Or email
at: BIEcomments@bia.gov.
FOR FURTHER INFORMATION CONTACT: Sue Bement, Designated Federal
Official; email BIEcomments@bia.gov.
SUPPLEMENTARY INFORMATION:
Background
The purpose of the BIE Committee is to serve as an advisory
committee under the Federal Advisory Committee Act (FACA) and the
Negotiated Rulemaking Act (NRA) in a manner that:
(1) Reflects the unique government-to-government relationship
between American Indian Tribes and the United States;
(2) Ensures that the membership of the Committee includes only
representatives of the Federal Government and Tribes; and
(3) To the extent possible, allots Tribal representation based upon
the Tribes' proportionate share of the total enrollment in Bureau-
funded schools.
The Secretary has determined that the proper functioning of the
Committee requires that the Committee be limited to no more than the 25
members recommended by the NRA (5 U.S.C. 565). The Secretary has
selected 19 Tribal representatives and 6 Federal representatives for
the Committee, for a proposed total of 25 members.
The Secretary finds that the proposed Tribal representatives for
the Committee:
(1) Represent a balance of interests that will be significantly
affected by the final rules (i.e., parents; teachers; school board
members; and administrators of Tribal and Tribally operated contract
day schools, grant day schools, grant boarding schools, and peripheral
dormitories);
(2) Proportionately represent students from Tribes served by
Bureau-funded schools;
(3) Reflect the different varieties of school size, type of school
and facility, and geographical location; and
[[Page 5474]]
(4) Have been selected using a process that considers the nominees'
experience and expertise in Indian education.
Every Student Succeeds Act (ESSA)
The ESSA reauthorizes and amends the Elementary and Secondary
Education Act of 1965 (ESEA). ESSA Section 8007(2) directs the
Secretary of the Interior, in consultation with the Secretary of
Education, if so requested, to use a negotiated rulemaking process to
develop regulations for implementation of the Secretary of the
Interior's defined standards, assessments, and accountability system
for Bureau-funded schools no later than the 2017-2018 academic year.
The Committee will recommend revisions to the existing regulations (25
CFR part 30) to replace Adequate Yearly Progress (AYP) regulatory
language and implement the Secretary's statutory responsibilities. The
regulations will define the standards, assessments, and accountability
system, consistent with Section 1111 of the ESEA, for Bureau-funded
schools on a national, regional, or Tribal basis.
ESSA Section 8007(2) also provides that if a Tribal governing body
or school board of a Bureau-funded school determines the requirements
established by the Secretary of the Interior are inappropriate, they
may waive, in part or in whole, such requirements. Where such
requirements are waived, the Tribal governing body or school board
must, within 60 days, submit to the Secretary of the Interior a
proposal for alternative standards, assessments, and an accountability
system, if applicable, consistent with ESEA Section 1111. The proposal
must take into account the unique circumstances and needs of the school
or schools and the students served. The proposal will be approved by
the Secretary of the Interior and the Secretary of Education, unless
the proposed standards, assessments, and accountability system do not
meet the requirements of ESEA Section 1111. Additionally, a Tribal
governing body or school board of a Bureau-funded school seeking a
waiver may request, and the Secretary of the Interior and the Secretary
of Education will provide, technical assistance.
Proposed Work of the Committee
The Committee will attempt to reach consensus on draft regulatory
language for implementation by the 2017-2018 academic year. The
objectives of the Committee are to represent the interests that will be
significantly affected by the final regulations, negotiate in good
faith, and reach consensus, where possible, on recommendations to the
Secretary for the proposed regulations.
The Committee will be charged, consistent with ESSA Section 8007,
with developing draft regulations to implement the Secretary's
responsibility to define the standards, assessments, and an
accountability system, consistent with ESEA Section 1111, for Bureau-
funded schools. The draft regulations will be considered by the
Secretary and subject to government-to-government consultation. The
Department must have final regulations for implementation by the 2017-
2018 academic year. As a part of its deliberations, the Committee will
consider the appropriate scope of the draft regulations, e.g.,
national, regional, or Tribal basis, as appropriate, taking into
account the unique circumstances and needs of such schools and the
students served by such schools, and how BIE will implement such
regulations.
The BIE encourages Tribal self-determination in Native education,
by encouraging governing Tribes or school boards to develop alternative
standards, assessments, and accountability systems, and by providing
technical assistance. Therefore, the Committee will also be asked to
provide recommendations on how BIE could best provide technical
assistance under ESSA Section 8007(2) to Tribes who opt to exercise
their authority to adopt their own standards, assessments, and an
accountability system).
Since the Department must have final regulations in place by the
2017-2018 academic year, the Committee will be expected to meet
frequently within a short time frame, i.e., from the time of
establishment through summer 2017. BIE currently anticipates up to six
meetings, with each meeting lasting three days in length. The BIE has
dedicated resources required to: ensure the Committee is able to
conduct meetings, provide technical assistance, and provide any
additional support required to fulfill the Committee's
responsibilities.
Proposed Tribal Committee Members
On November 9, 2015, the BIE published a notice of intent (80 FR
69161) requesting comments and nominations for Tribal representatives
for the Committee. The comment period for that notice of intent closed
December 24, 2015. On April 14, 2016, the BIE reopened the comment and
nomination period with a new deadline of May 31, 2016 (81 FR 22039).
The BIE further extended the comment period for Tribes to nominate
individuals for membership on the Committee on August 17, 2016 (81 FR
54768) with a closing date of October 3, 2016.
Within each of those notices, the BIE solicited comments on the
proposal to establish the Committee, including comments on any
additional interests not identified. Within each of those notices, the
BIE solicited nominations from Tribes whose students attended Bureau-
funded schools operated either by BIE or by a Tribe or tribal
organization through a contract or grant, to nominate Tribal
representatives to serve on the Committee and Tribal alternates to
serve when the representative is unavailable. Based upon the
proportionate share of students, some Tribes similar in affiliation or
geography were grouped together for one seat. BIE asked those Tribes to
either co-nominate a single Tribal representative to represent the
multi-tribal jurisdiction or for each Tribe in the multi-Tribal
jurisdiction to nominate a representative with the knowledge that the
Secretary will be able to appoint only one of the nominees who will be
responsible for representing the entire multi-Tribal jurisdiction on
the Committee. A chart demonstrating the proportionate share of
students attending Bureau-funded schools can be found in the Federal
Register at 80 FR 69161, dated November 9, 2015.
The Secretary of the Interior proposes the following Tribal
representatives for the BIE Committee, who:
Have knowledge of school assessments and accountability
systems;
Have relevant experiences as past or present
superintendents, principals, teachers, or school board members, or
possess direct experience with AYP;
Are able to coordinate, to the extent possible, with other
Tribes and schools who may not be represented on the Committee;
Are able to present the Tribe(s) with the authority to
embody Tribal views, communicate with Tribal constituents, and have a
clear means to reach agreement on behalf of the Tribe(s);
Are able to negotiate effectively on behalf of the
Tribe(s) represented;
Are able to commit the time and effort required to attend
and prepare for meetings; and
Are able to collaborate among diverse parties in a
consensus-seeking process.
The proposed Committee was selected based upon nominations
submitted through the process identified in each of the Federal
Register notices under the ``Nominations'' or ``Submitting
Nominations'' section. The BIE did not consider nominations that were
received in any other manner or were
[[Page 5475]]
received after the close of each comment period.
The Secretary proposes the following Tribal representatives for the
Committee:
------------------------------------------------------------------------
Proposed committee
Tribe(s) represented members Nominated by
------------------------------------------------------------------------
Navajo Nation (Total seats = Dr. Tommy Lewis, Navajo Nation.
5). Superintendent of
Schools, Department
of Din[eacute]
Education.
Dr. Kalvin White,
Office of Din[eacute]
School Improvement..
Dr. Florinda Jackson,
Office of Din[eacute]
Accountability and
Compliance..
Lemual Adson,
Superintendent,
Shonto Preparatory
School.
Sioux Tribes (Total seats = 2) Charles Cuny, Jr., Oglala Sioux
Superintendent, Tribe.
Little Wound School..
Dr. Glori Coats-
Kitsopoulas,
Superintendent,
American Horse School.
Hopi and Pueblo Tribes (Total E. David Atencio, Pueblo of
seats = 1). Superintendent, Laguna.
Laguna Department of
Education.
Chippewa Tribes (Total seats = Leslie Harper, Leech Lake Band
2). Executive Assistant, of Ojibwe.
Leech Lake Band of
Ojibwe Tribal Council.
Gila River, Apache, Etc. Isaac Salcido, Gila River
(Total seats = 1). Director of Tribal Indian
Education, Gila River Community.
Indian Community.
Choctaw (MS) & Cherokee (NC) Sherry Tubby, Mississippi Band
(Total seats = 1). Exceptional Education of Choctaw
Coordinator. Indians.
Other Tribes (Total seats = 4) Quinton Roman Nose, Cheyenne Arapaho
Executive Director, Tribes.
Tribal Education Cherokee Nation
Departments National of Oklahoma.
Assembly. Hopi Tribe.
Ron Etheridge, Deputy Santa Clara
Executive Director Pueblo.
for the Education
Services at Cherokee
Nation..
Alban Naha, Interim
Superintendent, Hopi
Junior-Senior High
School..
Michael Dabrieo,
Principal, Kha'p'o
Community School..
------------------------------------------------------------------------
The Secretary proposes the following alternate Tribal
representatives for the BIE Committee:
------------------------------------------------------------------------
Proposed alternate
Tribe(s) represented committee members Nominated by
------------------------------------------------------------------------
Chippewa Tribes............... Jason Schlender, Lac Courte
Tribal Governing Oreilles Band
Board Representative of Lake
and Education Liaison. Superior
Chippewa
Indians.
Choctaw (MS) & Cherokee (NC).. Lucretia Williams, Mississippi Band
Project Coordinator, of Choctaw
Tribal Education Indians.
Department.
Other Tribes.................. Chuck Hoskin, Chief of Cherokee Nation
Staff, Cherokee of Oklahoma.
Nation of Oklahoma. Hopi Tribe.
Rebecca Fred, Santa Clara
Instructional Coach, Pueblo.
Moencopi Day School.
Paula Gutierrez, Board
President, Kha'p'o
Community School.
------------------------------------------------------------------------
Proposed Federal Committee Members
The Secretary proposes the following Federal representatives for
the BIE Committee:
------------------------------------------------------------------------
Name Affiliation
------------------------------------------------------------------------
Sue Bement............................. Designated Federal Officer,
Bureau of Indian Education.
Dr. Jeffrey Hamley..................... Associate Deputy Director,
Division of Performance and
Accountability, Bureau of
Indian Education.
Brian Quint............................ Attorney-Advisor, Office of the
Solicitor.
------------------------------------------------------------------------
The Secretary proposes the following alternate Federal
representatives for the BIE Committee:
------------------------------------------------------------------------
Name Affiliation
------------------------------------------------------------------------
Regina Gilbert......................... Regulatory Policy Specialist,
Office of Regulatory Affairs
and Collaborative Action.
Jim Hastings........................... Acting Associate Deputy
Director and Education Program
Administrator, Bureau of
Indian Education.
Brenda Riel............................ Attorney-Advisor, Office of the
Solicitor
------------------------------------------------------------------------
If you are a Tribe with Bureau-funded schools, an Indian education
organization, or an interested individual, we invite you to comment on
the nominations in this notice or to nominate other persons for
membership on the Committee. The Committee membership should reflect
the diversity of Tribal interests, and Tribes should nominate
representatives and alternates who will:
Have knowledge of school assessments and accountability
systems;
Have relevant experiences as past or present
superintendents, principals, teachers, or school board members, or
possess direct experience with AYP;
Be able to coordinate, to the extent possible, with other
Tribes and schools who may not be represented on the Committee;
Be able to present the Tribe(s) with the authority to
embody Tribal views, communicate with Tribal constituents, and have a
clear means to reach agreement on behalf of the Tribe(s);
Be able to negotiate effectively on behalf of the Tribe(s)
represented;
Be able to commit the time and effort required to attend
and prepare for meetings; and
Be able to collaborate among diverse parties in a
consensus-seeking process.
We will consider nominations for Tribal committee representatives
only if they are nominated through the process identified in this
notice of intent and in the Federal Register notice of intent at 80 FR
69161. We will not consider any nominations that we receive in any
other manner. We will also not consider nominations for Federal
representatives. Only the Secretary may nominate Federal employees to
the Committee.
[[Page 5476]]
Nominations must include the following information about each
nominee:
(1) A letter from the Tribe supporting the nomination of the
individual to serve as a Tribal representative for the Committee and a
statement on whether the nominee is only representing one Tribe's
views, or whether the expectation is that the nominee represents a
specific group of Tribes. Also include the Tribal interest(s) to be
represented by the nominee (see Section IV, Part F of Federal Register
notice of intent at 80 FR 69161);
(2) A resume reflecting the nominee's qualifications and experience
in Indian education; resume to include the nominee's name, Tribal
affiliation, job title, major job duties, employer, business address,
business telephone, and fax numbers (and business email address, if
applicable); and
(3) A brief description of how the nominee will represent Tribal
views, communicate with Tribal constituents, and have a clear means to
reach agreement on behalf of the Tribe(s) they are representing.
We will consider only comments and nominations that we receive by
the close of business Eastern Standard Time on the date listed in the
DATES section, at the location indicated in the ADDRESSES section.
Comments received will be available for inspection at the address
listed above from 8 a.m. to 4 p.m., Monday through Friday, except
Federal holidays. Before including your address, phone number, email
address or other personal identifying information in your comment,
please note that your entire comment--including your personal
identifying information--may be made publicly available at any time.
While you can ask us in your comments to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2017-01061 Filed 1-17-17; 8:45 am]
BILLING CODE 4337-15-P
