Notice of Intent To Establish an Adequate Yearly Progress Negotiated Rulemaking Committee, 6770-6772 [2013-01957]
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6770
Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 30
Notice of Intent To Establish an
Adequate Yearly Progress Negotiated
Rulemaking Committee
Bureau of Indian Education,
Interior.
ACTION: Notice of intent; request for
comments or nominations.
AGENCY:
The Bureau of Indian
Education (BIE) is announcing its intent
to establish an Adequate Yearly Progress
Negotiated Rulemaking Committee
(Committee). The Committee will
recommend revisions to the existing
regulations for Adequate Yearly
Progress (AYP). As required by the No
Child Left Behind Act of 2001, the
Secretary will select representatives of
Indian tribes for the Committee from
among individuals nominated by tribes
whose students attend BIE-funded
schools operated by either the Bureau or
by the tribe through a contract or grant
and who would be affected by a final
rule. The BIE solicits comments on this
proposal to establish the Committee,
including comments on additional
interests not identified in this notice of
intent, and invites tribes to nominate
representatives for membership on the
Committee.
DATES: Submit nominations for
Committee members or written
comments on this notice of intent on or
before March 4, 2013.
ADDRESSES: You may submit
nominations for Committee members or
written comments on this notice of
intent by any of the following methods:
• Send comments or nominations to
Ms. Sue Bement, Designated Federal
Officer, Bureau of Indian Education,
1011 Indian School Road, NW., Suite
332, Albuquerque, New Mexico, 87104;
email: AYPcomments@bia.gov;
Telephone: (505) 563–5274; Fax: (505)
563–5274; or
• Hand-carry comments or use an
overnight courier service. Our courier
address is Manuel Lujan Jr. Building,
Building II, Suite 332, 1011 Indian
School Road NW., Albuquerque, New
Mexico 87104.
FOR FURTHER INFORMATION CONTACT: Ms.
Sue Bement, Designated Federal Officer;
Telephone: (505) 563–5274; Fax: (505)
563–5281.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Background
The No Child Left Behind Act of 2001
(Act) required States to use certain
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academic content standards,
assessments, and a specific
methodology for calculating the AYP of
students (together, referred to as an
‘‘accountability system’’) to measure
academic achievement. See 20 U.S.C.
6311. The Act’s amendments to the
Elementary and Secondary Education
Act (ESEA) required the Bureau of
Indian Affairs (BIA) to promulgate
regulations through negotiated
rulemaking for the accountability
system to be used in Bureau-funded
schools. See 20 U.S.C. 6316(g)(1)(A)(i);
25 U.S.C. 2017–2018.
In 2005, the BIA promulgated such
regulations. See 70 FR 22178 (April 28,
2005). These regulations, codified at 25
CFR 30.104, require BIE to use the
accountability system of the State in
which a BIE-funded school is located to
calculate AYP.
BIE-funded schools are located in 23
different States; and each State has its
own accountability system. As a result,
each State system produces student
achievement data that cannot be directly
compared with data from other States.
For BIE, comparison is necessary to
identify under-performing schools and
direct resources effectively.
BIE had previously developed a
method for comparing academic
achievement across States despite the
variances in academic standards. But
now that some States have received
flexibility waivers from the Department
of the Education, BIE will no longer be
able to use this method to effectively
compare achievement. It is necessary,
therefore, to revise 25 CFR part 30.
BIE has already conducted several
regional meetings on the topic of
accountability in BIE-funded schools.
Meetings were held in Oklahoma City,
OK, on July 17, 2012; Flagstaff, AZ, on
July 20, 2012; Seattle, WA, on July 24,
2012; and Bismarck, ND, on July 27,
2012.
II. Statutory Provisions
The Negotiated Rulemaking Act of
1996 (NRA) (5 U.S.C. 561 et seq.); the
Federal Advisory Committee Act
(FACA) (5 U.S.C. Appendix 2); the No
Child Left Behind Act (20 U.S.C. 2000
et seq.).
III. The Committee and Its Process
In a negotiated rulemaking, the
provisions of a proposed rule are
developed by a committee composed of
at least one representative of the
government and representatives of the
interests that will be significantly
affected by the rule. Decisions are made
by consensus, which means unanimous
concurrence among the interests
represented on the Committee, unless
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the Committee (1) agrees to define
‘‘consensus’’ to mean a general but not
unanimous concurrence, or (2) agrees
upon another specified definition. 5
U.S.C. 562(2)(A) and (B).
As part of the negotiated rulemaking
process, the agency has identified
interests potentially affected by the
rulemaking under consideration,
including students enrolled at 174 BIEfunded schools, parents of such
students, school administrators, tribes,
and the Indian communities served by
these schools. By this notice of intent,
BIE is soliciting (1) comments on its
proposal to form a negotiated
rulemaking committee and (2)
nominations for Committee members
who will adequately represent the
interests which are likely to be
significantly affected by the proposed
rule.
Following the receipt of nominations
and comments, the BIE will publish in
the Federal Register a list of persons to
represent the interests which are likely
to be significantly affected by the rule,
and the person or persons proposed to
represent the agency. Persons who will
be significantly affected by the proposed
rule and who believe that their interests
will not be adequately represented by
any person specified in the
abovementioned Federal Register notice
will be given an opportunity to apply
for, or nominate another person for,
membership on the negotiated
rulemaking committee to represent such
interests with respect to the proposed
rule.
Following the second Federal
Register notice and responses to it, the
BIE expects to establish the Committee.
After the Committee reaches consensus
on the provisions of the proposed rule,
as discussed in more detail below, the
BIE will publish a proposed rule in the
Federal Register.
Under 5 U.S.C. 563, the head of the
agency is required to determine that the
use of the negotiated rulemaking
procedure is in the public interest.
In making such a determination, the
agency head must consider certain
factors. Taking these factors into
account, the Secretary, through the
authority delegated to the Assistant
Secretary—Indian Affairs, has
determined that a negotiated rulemaking
is in the public interest because:
1. A rule is needed. The No Child Left
Behind Act, 20 U.S.C. 2000 et seq.,
directs the Secretary to conduct a
negotiated rulemaking pursuant to the
NRA. The current definition of AYP
creates a fragmented accountability
system that prevents the BIE from
developing and implementing
comprehensive school reform initiatives
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules
in the 174 BIE-funded schools in 23
States.
2. A limited number of identifiable
interests will be significantly affected by
the rule. 174 BIE-funded schools, the
students enrolled at these schools,
school administrators, tribes, and Indian
communities served by these schools
will be significantly affected by this
review and the recommendations made
by this Committee.
3. There is a reasonable likelihood
that the Committee can be convened
with a balanced representation of
persons who can adequately represent
the interests discussed in item 2, above
and who are willing to negotiate in good
faith to attempt to reach a consensus on
provisions of a proposed rule.
4. There is a reasonable likelihood
that the Committee will reach consensus
on a proposed rule within a fixed period
of time.
5. The use of negotiated rulemaking
will not unreasonably delay the
development of a proposed rule because
time limits will be placed on the
negotiation. We anticipate that
negotiation will expedite a proposed
rule and ultimately the acceptance of a
final rule.
6. The BIE is making a commitment
to ensure that the Committee has
sufficient resources to complete its work
in a timely fashion.
7. The BIE, to the maximum extent
possible and consistent with the legal
obligations of the agency, will use the
consensus report of the Committee as
the basis for a proposed rule for public
notice and comment.
IV. Negotiated Rulemaking Procedures
In compliance with FACA and NRA,
the BIE will use the following
procedures and guidelines for this
negotiated rulemaking. The BIE may
modify them in response to comments
received on this notice of intent or
during the negotiation process.
sroberts on DSK5SPTVN1PROD with
A. Committee Formation
The Committee will be formed and
operated in full compliance with the
requirements of FACA and NRA, and
specifically under the guidelines of its
charter.
B. Member Responsibilities
The Committee is expected to meet
approximately three to five times. The
meetings will be held at various
locations across Indian country, and
will last two to three days each. The
initial meeting will be in person; some
later meetings may be held by
teleconference and/or web-conference.
The Committee’s work is expected to
occur over the course of 6–12 months.
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Because of the scope and complexity
of the tasks at hand, committee
members must be able to invest
considerable time and effort in the
negotiated rulemaking process.
Committee members must be able to
attend all committee meetings, work on
committee work groups, consult with
their constituencies between committee
meetings, and negotiate in good faith
toward a consensus on issues before the
committee. Because of the complexity of
the issues under consideration, as well
as the need for continuity, the Secretary
reserves the right to replace any member
who is unable to participate in the
Committee’s meetings.
Responsibility for expenses is stated
under 5 U.S.C. 568(c) as follows:
Members of a negotiated rulemaking
committee shall be responsible for their
own expenses of participation in such
committee, except that an agency may,
in accordance with section 7(d) of the
Federal Advisory Committee Act, pay
for a member’s reasonable travel and per
diem expenses, expenses to obtain
technical assistance, and a reasonable
rate of compensation, if—
(1) Such member certifies a lack of
adequate financial resources to
participate in the Committee; and
(2) The agency determines that such
member’s participation in the
Committee is necessary to assure an
adequate representation of the member’s
interest.
The BIE commits to pay the reasonable
travel and per diem expenses of
Committee members, if appropriate
under the NRA and Federal travel
regulations.
C. Composition of Committee
The Secretary is seeking nominations
for tribal representatives, consistent
with the provisions of 25 U.S.C. 2018,
to serve on the Committee, who have a
demonstrated ability to communicate
well with groups about the interests
they will represent. The Committee
cannot exceed 25 members, and the BIE
prefers 15.
Tribal Committee membership must:
• Meet the Act’s requirements for
proportionate representation of tribes
served by BIE-funded schools;
• Be selected from among individuals
nominated by tribes that have students
attending BIE-funded schools either
operated by the Bureau or by the tribe
through a contract or grant; and
• Mirror the proportionate share of
students from the tribes served by the
BIE-funded school system.
The Act requires the Secretary to
ensure that the various interests affected
by the proposed report(s) or rules be
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6771
represented on the Committee. In
making membership decisions, the
Secretary shall consider whether the
interest represented by a nominee will
be affected significantly by the final
products of the Committee, which may
include report(s) and/or proposed
regulations; whether that interest is
already adequately represented by tribal
nominees; and whether the potential
addition would adequately represent
that interest.
D. Administrative and Technical
Support
The BIE will provide sufficient
administrative and technical resources
for the Committee to complete its work
in a timely fashion. BIE, with the help
of the facilitator, will prepare all
agendas, provide meeting notes, and
provide a final report of any issues on
which the Committee reaches
consensus.
E. Training and Organization
At the first meeting of the Committee,
a neutral facilitator will provide training
on negotiated rulemaking, interest-based
negotiations, consensus-building, and
team-building. In addition, at the first
meeting, Committee members will make
organizational decisions concerning
protocols, scheduling, and facilitation of
the Committee.
F. Interests Identified Through
Consultation
Under Section 562 of the NRA,
‘‘‘interest’ means, with respect to an
issue or matter, multiple parties which
have a similar point of view or which
are likely to be affected in a similar
manner.’’ We have consulted with BIE
personnel, educators at BIE-schools,
tribal officials, parents, teachers,
administrators, and school board
members of tribes served by BIE-funded
schools. The BIE has determined that
the interests likely to be significantly
affected by this new rule include the
174 BIE-funded schools, the students
enrolled at these schools, school
administrators, tribes, and the Indian
communities served by these schools.
BIE is accepting comments identifying
other interests that may be significantly
affected by the final products of the
Committee, which may include report(s)
and/or proposed regulations, until the
date listed in the DATES section of this
notice of intent.
V. Request for Nominations and
Comments
The BIE solicits nominations from
tribes whose students attend BIE-funded
schools operated either by the BIE or by
the tribe through a contract or grant, to
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Federal Register / Vol. 78, No. 21 / Thursday, January 31, 2013 / Proposed Rules
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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
are grouped together for one seat. It will
be necessary for such nominating tribes
either to co-nominate a single tribal
representative to represent the multitribal jurisdiction or for each tribe in the
multi-tribal jurisdiction to nominate a
representative with the knowledge that
BIE will only be able to appoint one of
the nominees who will then be
responsible for representing the entire
multi-tribal jurisdiction on the
Committee. Each nomination is
expected to include a nomination for a
representative and an alternate who can
fulfill the obligations of membership
should the representative be unable to
attend. 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 experience as past or
present superintendents, principals,
facility managers, teachers, or school
board members, or possess direct
experience with adequate yearly
progress;
• Be able to coordinate, to the extent
possible, with other tribes and schools
who may not be represented on the
Committee;
• Be able to represent 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.
VI. Submitting Nominations
The Secretary will only consider
nominees nominated through the
process identified in this Federal
Register notice. Nominations received
in any other manner will not be
considered. Nominations must include
the following information about each
nominee:
(1) 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);
(2) The tribal interest(s) to be
represented by the nominee (see section
V of this notice of intent) and whether
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the nominee will represent other
interest(s) related to this rulemaking, as
the tribe may designate;
(3) A resume reflecting the nominee’s
qualifications and experience in Indian
education (which may include being a
parent of a student attending a BIEfunded school); and
(4) A brief description of how they
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.
Additionally, a statement whether the
nominee is only representing one tribe’s
views or whether the expectation is that
the nominee represents a specific group
of tribes.
To be considered, nominations must
be received by the close of business on
the date listed in the DATES section, at
the location indicated in the ADDRESSES
section.
Certification
For the above reasons, I hereby certify
that the Adequate Yearly Progress
Negotiated Rulemaking Committee is in
the public interest.
Dated: January 22, 2013.
Kevin K. Washburn,
Assistant Secretary, Indian Affairs.
[FR Doc. 2013–01957 Filed 1–30–13; 8:45 am]
BILLING CODE 4310–6W–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[REG–140649–11]
RIN 1545–BK65
Failure To File Gain Recognition
Agreements and Other Required
Filings
Internal Revenue Service (IRS),
Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
This document contains
proposed regulations that would amend
the existing rules governing the
consequences to U.S. persons for failing
to file gain recognition agreements
(GRAs) and related documents, or to
satisfy other reporting obligations,
associated with certain transfers of
property to foreign corporations in
nonrecognition exchanges. These
regulations affect U.S. persons that
transfer property to foreign
corporations.
SUMMARY:
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Written or electronic comments
and requests for a public hearing must
be received by April 1, 2013.
ADDRESSES: Send submissions to
CC:PA:LPD:PR (REG–140649–11), room
5203, Internal Revenue Service, P.O.
Box 7604, Ben Franklin Station,
Washington, DC 20044. Submissions
may be hand-delivered Monday through
Friday between the hours of 8 a.m. and
4 p.m. to CC:PA:LPD:PR (REG–140649–
11), Courier’s Desk, Internal Revenue
Service, 1111 Constitution Avenue NW.,
Washington, DC 20224, or sent
electronically via the Federal
Rulemaking Portal at https://
www.regulations.gov (IRS REG–140649–
11).
FOR FURTHER INFORMATION CONTACT:
Concerning the proposed regulations,
Mary W. Lyons, (202) 622–3860;
concerning submission of comments
and to request a hearing,
Oluwafunmilayo (Funmi) Taylor, (202)
622–7180 (not toll-free numbers).
SUPPLEMENTARY INFORMATION:
DATES:
Paperwork Reduction Act
The collections of information
contained in the regulations have been
reviewed and approved by the Office of
Management and Budget in accordance
with the Paperwork Reduction Act of
1995 (44 U.S.C. 3507(d)) under control
number 1545–1487.
The collections of information are in
§§ 1.367(a)–3(f)(2), 1.367(a)–8(p)(2),
1.367(e)–2(f)(2), 1.6038B–1(c)(4)(ii), and
1.6038B–1(e)(4). The collections of
information are mandatory. The likely
respondents are domestic corporations.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number.
Books and records relating to a
collection of information must be
retained as long as their contents might
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
A. Sections 367(a) and 6038B
Section 367(a)(1) provides that if, in
connection with any exchange
described in section 332, 351, 354, 356,
or 361, a United States person (U.S.
transferor) transfers property to a foreign
corporation (transferee foreign
corporation), the transferee foreign
corporation shall not, for purposes of
determining the extent to which gain
shall be recognized on such transfer, be
considered to be a corporation. Sections
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]]>Agencies
[Federal Register Volume 78, Number 21 (Thursday, January 31, 2013)]
[Proposed Rules]
[Pages 6770-6772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01957]
[[Page 6770]]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Part 30
Notice of Intent To Establish an Adequate Yearly Progress
Negotiated Rulemaking Committee
AGENCY: Bureau of Indian Education, Interior.
ACTION: Notice of intent; request for comments or nominations.
-----------------------------------------------------------------------
SUMMARY: The Bureau of Indian Education (BIE) is announcing its intent
to establish an Adequate Yearly Progress Negotiated Rulemaking
Committee (Committee). The Committee will recommend revisions to the
existing regulations for Adequate Yearly Progress (AYP). As required by
the No Child Left Behind Act of 2001, the Secretary will select
representatives of Indian tribes for the Committee from among
individuals nominated by tribes whose students attend BIE-funded
schools operated by either the Bureau or by the tribe through a
contract or grant and who would be affected by a final rule. The BIE
solicits comments on this proposal to establish the Committee,
including comments on additional interests not identified in this
notice of intent, and invites tribes to nominate representatives for
membership on the Committee.
DATES: Submit nominations for Committee members or written comments on
this notice of intent on or before March 4, 2013.
ADDRESSES: You may submit nominations for Committee members or written
comments on this notice of intent by any of the following methods:
Send comments or nominations to Ms. Sue Bement, Designated
Federal Officer, Bureau of Indian Education, 1011 Indian School Road,
NW., Suite 332, Albuquerque, New Mexico, 87104; email:
AYPcomments@bia.gov; Telephone: (505) 563-5274; Fax: (505) 563-5274; or
Hand-carry comments or use an overnight courier service.
Our courier address is Manuel Lujan Jr. Building, Building II, Suite
332, 1011 Indian School Road NW., Albuquerque, New Mexico 87104.
FOR FURTHER INFORMATION CONTACT: Ms. Sue Bement, Designated Federal
Officer; Telephone: (505) 563-5274; Fax: (505) 563-5281.
SUPPLEMENTARY INFORMATION:
I. Background
The No Child Left Behind Act of 2001 (Act) required States to use
certain academic content standards, assessments, and a specific
methodology for calculating the AYP of students (together, referred to
as an ``accountability system'') to measure academic achievement. See
20 U.S.C. 6311. The Act's amendments to the Elementary and Secondary
Education Act (ESEA) required the Bureau of Indian Affairs (BIA) to
promulgate regulations through negotiated rulemaking for the
accountability system to be used in Bureau-funded schools. See 20
U.S.C. 6316(g)(1)(A)(i); 25 U.S.C. 2017-2018.
In 2005, the BIA promulgated such regulations. See 70 FR 22178
(April 28, 2005). These regulations, codified at 25 CFR 30.104, require
BIE to use the accountability system of the State in which a BIE-funded
school is located to calculate AYP.
BIE-funded schools are located in 23 different States; and each
State has its own accountability system. As a result, each State system
produces student achievement data that cannot be directly compared with
data from other States. For BIE, comparison is necessary to identify
under-performing schools and direct resources effectively.
BIE had previously developed a method for comparing academic
achievement across States despite the variances in academic standards.
But now that some States have received flexibility waivers from the
Department of the Education, BIE will no longer be able to use this
method to effectively compare achievement. It is necessary, therefore,
to revise 25 CFR part 30.
BIE has already conducted several regional meetings on the topic of
accountability in BIE-funded schools. Meetings were held in Oklahoma
City, OK, on July 17, 2012; Flagstaff, AZ, on July 20, 2012; Seattle,
WA, on July 24, 2012; and Bismarck, ND, on July 27, 2012.
II. Statutory Provisions
The Negotiated Rulemaking Act of 1996 (NRA) (5 U.S.C. 561 et seq.);
the Federal Advisory Committee Act (FACA) (5 U.S.C. Appendix 2); the No
Child Left Behind Act (20 U.S.C. 2000 et seq.).
III. The Committee and Its Process
In a negotiated rulemaking, the provisions of a proposed rule are
developed by a committee composed of at least one representative of the
government and representatives of the interests that will be
significantly affected by the rule. Decisions are made by consensus,
which means unanimous concurrence among the interests represented on
the Committee, unless the Committee (1) agrees to define ``consensus''
to mean a general but not unanimous concurrence, or (2) agrees upon
another specified definition. 5 U.S.C. 562(2)(A) and (B).
As part of the negotiated rulemaking process, the agency has
identified interests potentially affected by the rulemaking under
consideration, including students enrolled at 174 BIE-funded schools,
parents of such students, school administrators, tribes, and the Indian
communities served by these schools. By this notice of intent, BIE is
soliciting (1) comments on its proposal to form a negotiated rulemaking
committee and (2) nominations for Committee members who will adequately
represent the interests which are likely to be significantly affected
by the proposed rule.
Following the receipt of nominations and comments, the BIE will
publish in the Federal Register a list of persons to represent the
interests which are likely to be significantly affected by the rule,
and the person or persons proposed to represent the agency. Persons who
will be significantly affected by the proposed rule and who believe
that their interests will not be adequately represented by any person
specified in the abovementioned Federal Register notice will be given
an opportunity to apply for, or nominate another person for, membership
on the negotiated rulemaking committee to represent such interests with
respect to the proposed rule.
Following the second Federal Register notice and responses to it,
the BIE expects to establish the Committee. After the Committee reaches
consensus on the provisions of the proposed rule, as discussed in more
detail below, the BIE will publish a proposed rule in the Federal
Register.
Under 5 U.S.C. 563, the head of the agency is required to determine
that the use of the negotiated rulemaking procedure is in the public
interest.
In making such a determination, the agency head must consider
certain factors. Taking these factors into account, the Secretary,
through the authority delegated to the Assistant Secretary--Indian
Affairs, has determined that a negotiated rulemaking is in the public
interest because:
1. A rule is needed. The No Child Left Behind Act, 20 U.S.C. 2000
et seq., directs the Secretary to conduct a negotiated rulemaking
pursuant to the NRA. The current definition of AYP creates a fragmented
accountability system that prevents the BIE from developing and
implementing comprehensive school reform initiatives
[[Page 6771]]
in the 174 BIE-funded schools in 23 States.
2. A limited number of identifiable interests will be significantly
affected by the rule. 174 BIE-funded schools, the students enrolled at
these schools, school administrators, tribes, and Indian communities
served by these schools will be significantly affected by this review
and the recommendations made by this Committee.
3. There is a reasonable likelihood that the Committee can be
convened with a balanced representation of persons who can adequately
represent the interests discussed in item 2, above and who are willing
to negotiate in good faith to attempt to reach a consensus on
provisions of a proposed rule.
4. There is a reasonable likelihood that the Committee will reach
consensus on a proposed rule within a fixed period of time.
5. The use of negotiated rulemaking will not unreasonably delay the
development of a proposed rule because time limits will be placed on
the negotiation. We anticipate that negotiation will expedite a
proposed rule and ultimately the acceptance of a final rule.
6. The BIE is making a commitment to ensure that the Committee has
sufficient resources to complete its work in a timely fashion.
7. The BIE, to the maximum extent possible and consistent with the
legal obligations of the agency, will use the consensus report of the
Committee as the basis for a proposed rule for public notice and
comment.
IV. Negotiated Rulemaking Procedures
In compliance with FACA and NRA, the BIE will use the following
procedures and guidelines for this negotiated rulemaking. The BIE may
modify them in response to comments received on this notice of intent
or during the negotiation process.
A. Committee Formation
The Committee will be formed and operated in full compliance with
the requirements of FACA and NRA, and specifically under the guidelines
of its charter.
B. Member Responsibilities
The Committee is expected to meet approximately three to five
times. The meetings will be held at various locations across Indian
country, and will last two to three days each. The initial meeting will
be in person; some later meetings may be held by teleconference and/or
web-conference. The Committee's work is expected to occur over the
course of 6-12 months.
Because of the scope and complexity of the tasks at hand, committee
members must be able to invest considerable time and effort in the
negotiated rulemaking process. Committee members must be able to attend
all committee meetings, work on committee work groups, consult with
their constituencies between committee meetings, and negotiate in good
faith toward a consensus on issues before the committee. Because of the
complexity of the issues under consideration, as well as the need for
continuity, the Secretary reserves the right to replace any member who
is unable to participate in the Committee's meetings.
Responsibility for expenses is stated under 5 U.S.C. 568(c) as
follows: Members of a negotiated rulemaking committee shall be
responsible for their own expenses of participation in such committee,
except that an agency may, in accordance with section 7(d) of the
Federal Advisory Committee Act, pay for a member's reasonable travel
and per diem expenses, expenses to obtain technical assistance, and a
reasonable rate of compensation, if--
(1) Such member certifies a lack of adequate financial resources to
participate in the Committee; and
(2) The agency determines that such member's participation in the
Committee is necessary to assure an adequate representation of the
member's interest.
The BIE commits to pay the reasonable travel and per diem expenses of
Committee members, if appropriate under the NRA and Federal travel
regulations.
C. Composition of Committee
The Secretary is seeking nominations for tribal representatives,
consistent with the provisions of 25 U.S.C. 2018, to serve on the
Committee, who have a demonstrated ability to communicate well with
groups about the interests they will represent. The Committee cannot
exceed 25 members, and the BIE prefers 15.
Tribal Committee membership must:
Meet the Act's requirements for proportionate
representation of tribes served by BIE-funded schools;
Be selected from among individuals nominated by tribes
that have students attending BIE-funded schools either operated by the
Bureau or by the tribe through a contract or grant; and
Mirror the proportionate share of students from the tribes
served by the BIE-funded school system.
The Act requires the Secretary to ensure that the various interests
affected by the proposed report(s) or rules be represented on the
Committee. In making membership decisions, the Secretary shall consider
whether the interest represented by a nominee will be affected
significantly by the final products of the Committee, which may include
report(s) and/or proposed regulations; whether that interest is already
adequately represented by tribal nominees; and whether the potential
addition would adequately represent that interest.
D. Administrative and Technical Support
The BIE will provide sufficient administrative and technical
resources for the Committee to complete its work in a timely fashion.
BIE, with the help of the facilitator, will prepare all agendas,
provide meeting notes, and provide a final report of any issues on
which the Committee reaches consensus.
E. Training and Organization
At the first meeting of the Committee, a neutral facilitator will
provide training on negotiated rulemaking, interest-based negotiations,
consensus-building, and team-building. In addition, at the first
meeting, Committee members will make organizational decisions
concerning protocols, scheduling, and facilitation of the Committee.
F. Interests Identified Through Consultation
Under Section 562 of the NRA, ```interest' means, with respect to
an issue or matter, multiple parties which have a similar point of view
or which are likely to be affected in a similar manner.'' We have
consulted with BIE personnel, educators at BIE-schools, tribal
officials, parents, teachers, administrators, and school board members
of tribes served by BIE-funded schools. The BIE has determined that the
interests likely to be significantly affected by this new rule include
the 174 BIE-funded schools, the students enrolled at these schools,
school administrators, tribes, and the Indian communities served by
these schools. BIE is accepting comments identifying other interests
that may be significantly affected by the final products of the
Committee, which may include report(s) and/or proposed regulations,
until the date listed in the DATES section of this notice of intent.
V. Request for Nominations and Comments
The BIE solicits nominations from tribes whose students attend BIE-
funded schools operated either by the BIE or by the tribe through a
contract or grant, to
[[Page 6772]]
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 are grouped together for one seat. It will be necessary
for such nominating tribes either to 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 BIE will only be able to appoint one of the
nominees who will then be responsible for representing the entire
multi-tribal jurisdiction on the Committee. Each nomination is expected
to include a nomination for a representative and an alternate who can
fulfill the obligations of membership should the representative be
unable to attend. 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 experience as past or present
superintendents, principals, facility managers, teachers, or school
board members, or possess direct experience with adequate yearly
progress;
Be able to coordinate, to the extent possible, with other
tribes and schools who may not be represented on the Committee;
Be able to represent 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.
VI. Submitting Nominations
The Secretary will only consider nominees nominated through the
process identified in this Federal Register notice. Nominations
received in any other manner will not be considered. Nominations must
include the following information about each nominee:
(1) 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);
(2) The tribal interest(s) to be represented by the nominee (see
section V of this notice of intent) and whether the nominee will
represent other interest(s) related to this rulemaking, as the tribe
may designate;
(3) A resume reflecting the nominee's qualifications and experience
in Indian education (which may include being a parent of a student
attending a BIE-funded school); and
(4) A brief description of how they 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.
Additionally, a statement whether the nominee is only representing
one tribe's views or whether the expectation is that the nominee
represents a specific group of tribes.
To be considered, nominations must be received by the close of
business on the date listed in the DATES section, at the location
indicated in the ADDRESSES section.
Certification
For the above reasons, I hereby certify that the Adequate Yearly
Progress Negotiated Rulemaking Committee is in the public interest.
Dated: January 22, 2013.
Kevin K. Washburn,
Assistant Secretary, Indian Affairs.
[FR Doc. 2013-01957 Filed 1-30-13; 8:45 am]
BILLING CODE 4310-6W-P
