80 FR 38440 - Final Waiver and Extension of the Project Period; Native American Career and Technical Education Program

DEPARTMENT OF EDUCATION

Federal Register Volume 80, Issue 128 (July 6, 2015)

For the 24-month projects funded in fiscal year (FY) 2013 under the Native American Career and Technical Education Program (NACTEP), the Secretary waives the requirements that generally prohibit project period extensions involving the obligation of additional Federal funds. The Secretary also extends the project periods of these grants for up to an additional 24 months. This enables the current NACTEP grantees to request and continue to receive Federal funding annually in FY 2015 and FY 2016 for project periods through FY 2016 and possibly through FY 2017.

[Federal Register Volume 80, Number 128 (Monday, July 6, 2015)]
[Notices]
[Pages 38440-38441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16496]


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DEPARTMENT OF EDUCATION


Final Waiver and Extension of the Project Period; Native American 
Career and Technical Education Program

AGENCY: Office of Career, Technical, and Adult Education, Department of 
Education.

ACTION: Final waiver and extension of the project period.

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[Catalog of Federal Domestic Assistance (CFDA) Number: 84.101A.]

SUMMARY: For the 24-month projects funded in fiscal year (FY) 2013 
under the Native American Career and Technical Education Program 
(NACTEP), the Secretary waives the requirements that generally prohibit 
project period extensions involving the obligation of additional 
Federal funds. The Secretary also extends the project periods of these 
grants for up to an additional 24 months. This enables the current 
NACTEP grantees to request and continue to receive Federal funding 
annually in FY 2015 and FY 2016 for project periods through FY 2016 and 
possibly through FY 2017.

DATES: The waiver and extension of the project period is effective July 
6, 2015.

FOR FURTHER INFORMATION CONTACT: Gwen Washington, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 11076, Potomac Center Plaza 
(PCP), Washington, DC 20202-7241. Telephone: (202) 245-7790, or by 
email: [email protected]. Or Linda Mayo, U.S. Department of 
Education, 400 Maryland Avenue SW., Room 11075, PCP, Washington, DC 
20202-7241. Telephone: (202) 245-7792, or by email: [email protected].
    If you use a telecommunications device for the deaf or a text 
telephone, call the Federal Relay Service, toll free, at 1-800-877-
8339.

SUPPLEMENTARY INFORMATION:  On February 10, 2015, we published in the 
Federal Register (80 FR 7440) a proposed waiver of 34 CFR 75.261(a) and 
(c)(2) and extension of the project period (proposed waiver and 
extension) in order to--
    (1) Enable the Secretary to provide additional funds to the current 
NACTEP grantees with FY 2015 funds and possibly FY 2016 funds for 
project periods through FY 2016 and possibly through FY 2017; and
    (2) Request comments on the proposed waiver and extension.
    There are no substantive differences between the proposed waiver 
and extension and the final waiver and extension.
    Public Comment: In response to our invitation in the proposed 
waiver and extension, we received 22 comments. Generally, we do not 
address comments that raise concerns not related to the proposed waiver 
and extension.

Analysis of Comments and Discussion

    An analysis of the comments received in response to the proposed 
waiver and extension follows.
    Comments: The 22 comments we received supported the proposed waiver 
and extension of the NACTEP project period. We heard from a variety of 
commenters, including tribal community college presidents, deans and 
administrators, teachers, students, and project evaluators. Several 
commenters provided a variety of reasons for their support of the 
waiver and extension, including: the effectiveness of work being done 
by current grantees, the number of students served and placed in 
employment under current projects, and the great need for NACTEP 
projects to continue in the Native American and Alaska communities 
served by current projects.
    Several commenters stated that it would be difficult for eligible 
entities to prepare NACTEP applications for short-term funding prior to 
the expected reauthorization of the Carl D. Perkins Career and 
Technical Education Act of 2006 (the Perkins Act). Some commenters 
stated that it was not in the public interest to conduct a NACTEP grant 
competition at this time because there are likely to be changes in the 
Perkins Act for NACTEP beyond FY 2015.
    Several commenters expressed the view that the waiver and extension 
are necessary to allow current students sufficient time to complete 
their programs, which include programs awarding industry-recognized 
credentials, two-year certificates, and associate degrees.
    One commenter noted that tribal colleges would not have sufficient 
time to plan, establish, or effectively operate viable programs, in a 
one-year timeframe. The commenter expressed the view that continuing 
the projects of current grantees would eliminate the difficulties, 
barriers, and inefficiencies associated with starting new programs, 
stating that extending the current project period and funding of 
current grantees would: Capitalize upon the current momentum of grantee 
service delivery, since service streams were already in place and 
operational; allow current grantees to modify their programs based on 
their experience to date without disruption to the projects' 
participants, partnerships, programs, or plans; and increase the 
likelihood of student attainment of associate degrees and certificates 
and subsequent job placement. The commenter further stated that, under 
NACTEP, grantees must evaluate the long-term impact of each project, 
which will be facilitated by extending the project duration beyond two 
years.
    Another commenter noted that a lapse of funds would create a set-
back in the progress made in cultivating successful relationships with 
the local community college to provide in-demand training within their 
Native American community.
    A commenter provided examples of exemplary NACTEP programs that are 
making substantial gains in combating poverty and unemployment, long-
term joblessness, and other problems that contribute to the lack of 
gainful employment. The commenter stated that the grantees have 
partnered with local community colleges to provide students 
opportunities to earn college credits, as well as State and national 
certifications that prepare students for employment. This commenter 
expressed the need for the Department to approve the NACTEP waiver and 
extension for current grantees.
    Discussion: We appreciate the commenters' support and agree that 
extending the current NACTEP grant period will allow current NACTEP 
grantees to continue to work towards accomplishing the goals and 
objectives stated in their 2013 NACTEP applications, including 
providing specialized career and technical education programs to Native 
American students. We agree that it is important that there not be a 
lapse in the programming provided by NACTEP grantees to students.
    Changes: None.

Background

    NACTEP, as authorized by section 116(a) through (g) of the Perkins 
Act, supports grants to federally recognized Indian tribes, tribal 
organizations, Alaska Native entities and eligible Bureau of Indian 
Education-funded schools to improve career and technical education 
programs that benefit Native Americans and Alaskan Natives.
    On February 26, 2013, we published in the Federal Register (78 FR 
13030) a notice inviting applications for NACTEP

[[Page 38441]]

grants (2013 NIA). Although in previous NACTEP competitions the 
Secretary invited applications with a proposed project period of five 
years, in anticipation of congressional reauthorization of the Perkins 
Act, in the FY 2013 competition, the Department invited applications 
with proposed project periods of only two years. The project period for 
the current 31 NACTEP grantees is scheduled to end in FY 2015.
    Because there is the potential for changes in the Perkins Act for 
NACTEP beyond FY 2015, we do not believe it is in the public interest 
to hold a new NACTEP competition in FY 2015 for projects that may then 
operate for just one year, or to announce a competition under which 
eligible entities would be expected to proceed through the application 
preparation and submission process while lacking critical information 
about the future of the program. Further, we do not think that it is in 
the public interest to have a lapse in the services currently provided 
by the NACTEP grantees.
    For these reasons, the Secretary waives the requirements of 34 CFR 
75.261(a) and (c)(2) that generally prohibit project extensions 
involving the obligation of additional Federal funds and extends the 
NACTEP project periods for up to 24 months. The waiver and extension 
will allow the current NACTEP grantees to request and continue to 
receive Federal funding annually for project periods through FY 2016 
and possibly through FY 2017. We will fund the extended project period 
by using funds appropriated for FY 2015 or FY 2016, depending on 
whether the grants are extended for one or two years.
    Any activities carried out during the period of a NACTEP 
continuation award will have to be consistent with, or a logical 
extension of, the scope, goals, and objectives of the grantee's 
application as approved in the FY 2013 NACTEP competition. The 
requirements applicable to continuation awards for this competition set 
forth in the 2013 NIA and the requirements in 34 CFR 75.253 will apply 
to any continuation awards sought by the current NACTEP grantees. We 
will base our decisions regarding continuation awards on the program 
narratives, budgets, budget narratives, and program performance reports 
submitted by the current grantees, and the requirements in 34 CFR 
75.253.
    The waiver and extension will not exempt the current NACTEP 
grantees from the appropriation account closing provisions of 31 U.S.C. 
1552(a), nor will they extend the availability of funds previously 
awarded to current NACTEP grantees. As a result of 31 U.S.C. 1552(a), 
appropriations available for a limited period may be used for payment 
of valid obligations for only five years after the expiration of their 
period of availability for Federal obligation. After that time, the 
unexpended balance of those funds is canceled and returned to the U.S. 
Department of the Treasury and is unavailable for restoration for any 
purpose (31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Secretary certifies that the waiver and extension and the 
activities required to support two additional years of NACTEP funding 
will not have a significant economic impact on a substantial number of 
small entities. The small entities that will be affected by the waiver 
and extension are the 31 currently-funded NACTEP grantees and any other 
potential applicants.
    The Secretary certifies that the waiver and extension will not have 
a significant economic impact on these entities because the extension 
of an existing project imposes minimal compliance costs, and the 
activities required to support the additional years of funding will not 
impose additional regulatory burdens or require unnecessary Federal 
supervision.

Paperwork Reduction Act of 1995

    This waiver and extension does not contain any information 
collection requirements.

Intergovernmental Review

    NACTEP is not subject to Executive Order 12372 and the regulations 
in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to either of the contact persons 
listed under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
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    Program Authority:  20 U.S.C. 2326(a) through (g).

    Dated: June 30, 2015.
Johan E. Uvin,
Acting Assistant Secretary for Career, Technical, and Adult Education.
[FR Doc. 2015-16496 Filed 7-2-15; 8:45 am]
 BILLING CODE 4000-01-P