Notice of Intent To Establish a Negotiated Rulemaking Committee, 22039-22040 [2016-08629]

Agencies

• DEPARTMENT OF THE INTERIOR
• Bureau of Indian Affairs

[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Proposed Rules]
[Pages 22039-22040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-08629]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 30

[167A2100DD/AAKC001030/A0A501010.999900 253G]


Notice of Intent To Establish a Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Reopening of comment period.

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SUMMARY: On November 9, 2015, the Bureau of Indian Education (BIE) 
published a notice of intent requesting comments and nominations for 
Tribal representatives for the Accountability Negotiated Rulemaking 
Committee (Committee). The comment period for this notice of intent 
closed December 24, 2015. The BIE is reopening the comment period for 
Tribes to nominate individuals for membership on the Committee and is 
expanding the scope of what the Committee will address. The BIE also 
solicits comments on the proposal to establish the Committee, including 
comments on additional interests not identified in this notice of 
intent and comments on the expansion of the scope of the Committee.

DATES: Submit nominations for Committee members or written comments on 
this notice of intent on or before May 31, 2016.

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) 563-5281; or
     Hand-carry comments or use an overnight courier service to 
Manuel Lujan Jr. Building, Building II, Suite 332, 1011 Indian School 
Road NW., Suite 332, 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

    On November 9, 2015, we published a notice of intent requesting 
nominations for a negotiated rulemaking committee to recommend 
revisions to the existing regulations for BIE's accountability system 
(80 FR 69161). In that notice of intent, the BIE solicited nominations 
from Tribes whose students attend BIE-funded schools operated either by 
BIE or by the Tribe through a contract or grant, to nominate Tribal 
representatives to serve on the Committee and Tribal alternates to 
serve when the representative is unavailable.
    Since that time, the Every Student Succeeds Act (ESSA), Public Law 
114-95, has become law requiring an update to the subject, scope, and 
issues that the Committee will address.

II. 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 no later than the 2017-2018 
academic year. The regulations will define the standards, assessments, 
and accountability system consistent with Section 1111 of the ESEA, for 
BIE-funded schools on a national, regional, or Tribal basis. The 
regulations will be developed in a manner that considers the unique 
circumstances and needs of such schools and the students served by such 
schools.

[[Page 22040]]

    ESSA Section 8007(2) also provides that if a Tribal governing body 
or school board of a BIE-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 
shall, 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 Secretary of Education determines that the standards, assessments, 
and accountability system do not meet the requirements of ESEA Section 
1111. Additionally, a Tribal governing body or school board of a BIE-
funded school seeking a waiver may request, and the Secretary of the 
Interior and the Secretary of Education will provide, technical 
assistance.
    Due to the statutory changes described above, we are expanding the 
scope of the negotiated rulemaking committee to receive recommendations 
and revise our current regulations (25 CFR part 30). This document 
provides notice that we are expanding the scope and reopens the comment 
period for: (1) Nominations of individuals for membership on the 
Committee and (2) comments on the proposal to establish the Committee, 
including comments on additional interests not identified in this 
notice of intent and comments on the expansion of the scope of the 
Committee.

III. The Committee and Its Process

    The BIE encourages Tribal self-determination in Native education, 
encouraging Tribes to develop alternative standards, assessments, and 
an accountability system and providing technical assistance.
    The negotiated rulemaking committee would be charged, consistent 
with Section 8007, to provide recommendations that encourage the 
exercise of the authority of Tribes to adopt their own standards, 
assessments, and an accountability system. Additionally, the Committee 
will be asked to provide recommendations on how BIE could best provide 
technical assistance under Section 8007(2).

IV. Nominations

    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 also 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, teachers, or school board members, or 
possess direct experience with Adequate Yearly Progress (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 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.
    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.
    Based upon the proportionate share of students (see Section V of 
Federal Register notice of intent at 80 FR 69161), 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 be able to appoint only 
one of the nominees who will then be responsible for representing the 
entire multi-tribal jurisdiction on the Committee.
    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;
    (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);
    (3) 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) 
and whether the nominee will represent other interest(s) related to 
this rulemaking, as the Tribe may designate; and
    (4) 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.
    (5) 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.
    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.
    If you already submitted a nomination prior to the December 24, 
2015, deadline, your application will still be considered.

Certification

    For the above reasons, I hereby certify that the Accountability 
Negotiated Rulemaking Committee is in the public interest.

    Dated: April 6, 2016.
Lawrence S. Roberts,
Acting Assistant Secretary-Indian Affairs.
[FR Doc. 2016-08629 Filed 4-13-16; 8:45 am]
 BILLING CODE 4337-15-P