80_FR_69377 80 FR 69161 - Notice of Intent To Establish a Negotiated Rulemaking Committee

80 FR 69161 - Notice of Intent To Establish a Negotiated Rulemaking Committee

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 80, Issue 216 (November 9, 2015)

Page Range69161-69166
FR Document2015-28379

The Bureau of Indian Education (BIE) is announcing its intent to establish an Accountability Negotiated Rulemaking Committee (Committee). The Committee will recommend revisions to the existing regulations for BIE's accountability system. As required by applicable statutes, 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 BIE or by the tribe through a contract or grant and who would be affected by a final rule. 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 invites tribes to nominate representatives for membership on the Committee.

Federal Register, Volume 80 Issue 216 (Monday, November 9, 2015)
[Federal Register Volume 80, Number 216 (Monday, November 9, 2015)]
[Proposed Rules]
[Pages 69161-69166]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-28379]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 30

[167 A2100DD/AAKC001030/A0A501010.999900]


Notice of Intent To Establish a Negotiated Rulemaking Committee

AGENCY:  Bureau of Indian Education, Interior.

ACTION:  Notice of intent; request for nominations for tribal 
representatives; and comments.

-----------------------------------------------------------------------

SUMMARY:  The Bureau of Indian Education (BIE) is announcing its intent 
to establish an Accountability Negotiated Rulemaking Committee 
(Committee). The Committee will

[[Page 69162]]

recommend revisions to the existing regulations for BIE's 
accountability system. As required by applicable statutes, 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 BIE or by the tribe 
through a contract or grant and who would be affected by a final rule. 
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 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 December 24, 2015.

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: 
[email protected]; 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

    Under the Elementary and Secondary Education Act of 1965 (ESEA), 
student achievement data is used to determine whether schools are 
successfully educating their students. Under current law, this 
accountability measure is Adequate Yearly Progress (AYP). The law 
requires States to use a single accountability system for schools to 
determine whether all students, as well as individual subgroups of 
students, are making progress toward meeting State academic content 
standards. The goal, as stated in the ESEA, was to have all students 
reaching proficient levels in reading and math by 2014 as measured by 
performance on State tests. The ESEA requires the Bureau of Indian 
Affairs 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, 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.
    The 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. Regardless 
of whether AYP continues to be the accountability measure required 
under law, BIE must address this deeply fragmented accountability 
system through negotiated rulemaking to create a more cohesive 
accountability system.
    The BIE had previously developed a method for comparing academic 
achievement across States despite the variances in academic standards. 
Beginning in 2011, the U.S. Department of Education began to grant 
flexibility waivers to States for certain provisions of ESEA, which has 
complicated the method BIE uses to effectively compare achievement. It 
is necessary, therefore, to revise 25 CFR Part 30, and to receive 
recommendations from a negotiated rulemaking committee on how BIE can 
compare academic achievement across the 23 States.
    This rulemaking would not change the existing authority for tribes 
to adopt their own tribal definition of AYP. The BIE encourages tribal 
self-determination in Native education, encouraging tribes to develop 
alternative accountability systems (and definitions of AYP) and 
providing technical assistance. For example, on June 1, 2015, U.S. 
Education Secretary Arne Duncan and Interior Secretary Sally Jewell 
announced that the Miccosukee Indian School received flexibility from 
the Elementary and Secondary Education Act (ESEA) to use a definition 
of AYP that meets their students' unique academic and cultural needs. 
Local tribal communities know best what their children need, and BIE 
prioritizes tribal self-determination in Indian education. This 
rulemaking aims only to make the existing system more effective and 
efficient. It would impact only those BIE-funded schools that do not 
wish to develop alternative definitions of AYP, though the option will 
remain open to them regardless.
    In 2012, BIE conducted four regional meetings on the topic of 
accountability in BIE-funded schools. Meetings were held in Oklahoma 
City, Oklahoma, on July 17, 2012; Flagstaff, Arizona, on July 20, 2012; 
Seattle, Washington, on July 24, 2012; and Bismarck, North Dakota, on 
July 27, 2012. Transcripts of those meetings can be referenced at 
http://www.bie.edu/consultation/index.htm.
    During the four meetings, BIE received feedback from the tribes on 
the ESEA Flexibility Request and the BIE's proposed flexibility waiver. 
At the consultation sessions, BIE and the tribes discussed adopting 
Common Core standards--initially in reading, language arts, and 
mathematics--to reflect tribal values and employ a single assessment 
system for all BIE-funded schools.


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); and 
the NCLB (20 U.S.C. 2000 et seq.)


III. The Committee and Its Process

    In a negotiated rulemaking, recommended provisions of a proposed 
rule are developed by a committee composed of at least one 
representative of the Federal 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 agrees to 
define ``consensus'' to mean a general but not unanimous concurrence, 
or agrees upon another specified definition. 5 U.S.C. 562(2)(A) and 
(B).
    As part of the negotiated rulemaking process, BIE 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 that are likely to be significantly affected by the 
proposed rule.
    Following the receipt of nominations and comments, BIE will publish 
a second notice in the Federal Register with a list of persons to 
represent the interests that are likely to be significantly affected by 
the rule, and the person or persons proposed to represent BIE. Persons 
who will be significantly affected by the proposed rule and who believe 
that their interests will not be adequately represented by

[[Page 69163]]

any person specified in that second Federal Register notice will be 
given an opportunity to apply 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, 
BIE expects to establish the Committee. After the Committee reaches 
consensus on the recommended provisions of the proposed rule, as 
discussed in more detail below, 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 ESEA 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 in the 174 BIE-funded schools with academic programs in 23 
States.
    2. A limited number of identifiable interests will be significantly 
affected by the rule. The 174 BIE-funded schools, students enrolled at 
these schools, school teachers and 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 these negotiations 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, 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. Membership Responsibility

    The Committee is expected to meet approximately 3-5 times. The 
meetings will be held at various locations across Indian Country, and 
will last 2-3 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. 
However, the Committee may continue its work for a duration of two 
years.
    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 FACA, 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 members participation in the 
Committee is necessary to assure an adequate representation of the 
members 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 submitted by Tribes 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 BIE prefers 15.
    Tribal Committee membership must:
     Include only representatives of Tribes served by BIE-
funded schools;
     Be selected from among individuals nominated by the Tribes 
that have students attending BIE-funded schools;
     Reflect the proportionate share of students from Tribes 
served by the BIE-funded school system; and
     Comply with the FACA
    Section 2018 of Title 25 also 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. Federally registered lobbyists are ineligible to serve on all 
FACA and non-FACA boards, committees, or councils in an individual 
capacity. The term ``individual capacity'' refers to individuals who 
are appointed to exercise their own individual best judgment on behalf 
of the government, such as when they are designated Special Government 
Employees, rather than being appointed to represent a particular 
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. 
The BIE, with the help of the facilitator, will prepare all

[[Page 69164]]

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, interests-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.'' The BIE has 
consulted with BIE personnel and educators at BIE-funded schools. 
Through these and previous consultations, such as those conducted in 
2012 for an Elementary and Secondary Education Act Flexibility Waiver 
Request, BIE has identified interests to be significantly affected by 
this new rule that include students enrolled at 174 BIE-funded schools, 
parents of such students, school administrators, tribes, and the Indian 
communities served by these schools. The 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 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. 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 be able to 
appoint only one of the nominees who will then be responsible for 
representing the entire multi-tribal jurisdiction on the Committee. 
(See chart below for jurisdictions.)

----------------------------------------------------------------------------------------------------------------
                                                   Student count    Percent of
                     Tribes                         school year    total student    % Times 15       Suggested
                                                     2013-2014         count        seats total        seats
----------------------------------------------------------------------------------------------------------------
Navajo Nation Tuba City Agency Western (AZ).....           3,727
Navajo Nation Crown Point Agency Eastern (NM)...           3,642
Navajo Nation Chinle Agency (AZ)................           3,216
Navajo Nation Fort Defiance Agency (AZ).........           2,437
Navajo Nation Shiprock Agency (AZ)..............           1,870
                                                 ---------------------------------------------------------------
    Total Navajo Nation.........................          14,892           32.70            4.91               5
----------------------------------------------------------------------------------------------------------------
Oglala Sioux Tribe of the Pine Ridge                       2,994
 Reservation(SD)................................
Cheyenne River Sioux (SD).......................           1,280
Rosebud Sioux Tribe (SD)........................             896
Standing Rock Sioux Tribe (ND)..................             989
Sisseton-Wahpeton Sioux of Lake Traverse Res.                797
 (SD)...........................................
Spirit Lake Tribe (Devils Lake Sioux Tribe) (ND)             615
                                                 ---------------------------------------------------------------
    Total Sioux Tribes..........................           7,571           16.63            2.49               2
----------------------------------------------------------------------------------------------------------------
The Hopi Tribe (AZ).............................           1,465
Pueblo of Acoma.................................             251
Pueblo of Chochiti..............................              23
Pueblo of Isleta................................             175
Pueblo of Jemez.................................             165
Pueblo of Laguna................................             386
Pueblo of Nambe.................................              12
Pueblo of Picuris...............................               5
Pueblo of Pojoaque..............................               5
Pueblo of San Felipe............................             447
Pueblo of San Ildefonso.........................              38
Pueblo of San Juan..............................             171
Pueblo of Sandia................................               2
Pueblo of Santa Ana.............................               7
Pueblo of Santa Clara...........................             134
Pueblo of Santo Domingo.........................             210
Pueblo of Taos..................................             151
Pueblo of Tesuque...............................              43
Pueblo of Zia...................................              84
                                                 ---------------------------------------------------------------
    Total Hopi and Pueblo Tribes................           3,774            8.29            1.24               1
----------------------------------------------------------------------------------------------------------------
Bad River Band of the Lake Superior Tribe (WI)..              10
Bay Mills (MI)..................................              11
Chippewa-Cree (MT)..............................              24
Grand Traverse Band of Ottawa & Chippewa (MI)...               4
Keweenaw Bay of L'Anse and Ontonagon of Chippewa               1
 (MI)...........................................
Lac Courte Oreilles of Lake Superior Chippewa                227
 (WI)...........................................

[[Page 69165]]

 
Lac du Flambeau of Lake Superior Chippewa (WI)..              13
Minnesota Chippewa Bois Forte Band (Nett Lake)..              18
Minnesota Chippewa Fond du Lac Band.............             167
Minnesota Chippewa Leech Lake Band..............             143
Minnesota Chippewa Mille Lacs Band..............             207
Minnesota Chippewa Red Lake of Chippewa Indians.              75
Minnesota Chippewa Tribe, MN--6 reservations....              17
Minnesota Chippewa White Earth Band.............             146
Red Cliff Band of Lake Superior Chippewa Indians              11
 (WI)...........................................
Saginaw Chippewa (MI)...........................               4
Sault Ste. Marie Tribe of Chippewa Indians (MI).             285
Sokaogon Chippewa of Mole Lake Band (Chippewa)                 3
 (WI)...........................................
St. Croix Chippewa Indians (WI).................              12
Turtle Mountain Band of Chippewa Indians (ND)...           2,089
                                                 ---------------------------------------------------------------
    Total Chippewa Tribes.......................           3,467            7.61            1.14               1
----------------------------------------------------------------------------------------------------------------
Gila River......................................           1,094
White Mountain Apache of Fort Apache............             975
Tohono O'odham Nation...........................             924
Mescalero Apache................................             549
                                                 ---------------------------------------------------------------
    Total.......................................           3,542            7.78            1.17               1
----------------------------------------------------------------------------------------------------------------
Mississippi Band of Choctaw Indians (MS)........           2,168
Eastern Band of Cherokee Indians (NC)...........           1,040
                                                 ---------------------------------------------------------------
    Total.......................................           3,208            7.04            1.06               1
                                                 ---------------------------------------------------------------
    Total Other Tribes..........................          12,492           27.43            4.11               4
                                                 ===============================================================
        Total 2013-2014 Student Count...........          45,537
----------------------------------------------------------------------------------------------------------------
Federal Government--Committee Membership........            Designated Federal Officer                         1
                                                              Office of the Solicitor                          1
                                                            Bureau of Indian Education                         1
                                                              Department of Education                          1
----------------------------------------------------------------------------------------------------------------
    Total Tribal Committee Members..............  ..............  ..............  ..............              15
                                                                                 -------------------------------
    Total Federal Committee Members.............  ..............  ..............  ..............               4
                                                                                 ===============================
    TOTAL AYP Negotiated Rulemaking Committee...  ..............  ..............  ..............              19
----------------------------------------------------------------------------------------------------------------

    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 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.

VI. Submitting Nominations

    This notice was previously published in the Federal Register on 
January 31, 2013. The evaluation of nominations received as a result of 
the previous notice were conducted and validated for one year, expiring 
January 31, 2014. Representatives who were previously nominated would 
need to be re-nominated in response to this notice. 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) 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 this notice of intent) 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,

[[Page 69166]]

communicate with tribal constituents, and have a clear means to reach 
agreement on behalf of the tribe(s) they are representing.
    Additionally, 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.

Certification

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

    Dated: October 29, 2015.
Kevin K. Washburn,
Assistant Secretary--Indian Affairs.
 [FR Doc. 2015-28379 Filed 11-6-15; 8:45 am]
BILLING CODE 4337-15-P



                                                                     Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules                                                  69161

                                                                                                        product background. The signal word                   shall be black, with key words
                                                                                                        ‘‘WARNING’’ and the solid triangle                    highlighted using boldface, on a white
                                                and the signal word ‘‘WARNING’’ shall                   portion of the safety alert symbol                    background surrounded by a solid black
                                                be in contrasting color to the                                                                                line border. This text also shall be left-
                                                background and delineated with solid                                                                          justified, in upper and lowercase letters
                                                black line borders. The background                                                                            (i.e., sentence capitalization), and in list
                                                color behind the safety alert symbol                    shall be black. The exclamation mark of               or outline format, with precautionary
                                                                                                        the safety alert symbol                               statements indented from hazard
                                                                                                                                                              statements and preceded with bullet
                                                                                                                                                              points. An example label in the format
                                                and the signal word ‘‘WARNING’’ shall                                                                         described in this section is shown in
                                                be orange, red, or yellow, whichever                    shall be the same color as the                        Figure 2.
                                                provides the best contrast against the                  background. The remainder of the text




                                                  Note: For optional additional guidance on             warning statements in 8.4.7 (paragraph                Product Manuals, Instructions, and Other
                                                the design of warnings, see the most-recent             (d)(vii) of this section).                            Collateral Materials, American National
                                                edition of ANSI Z535.4, Product Safety Signs               (e) Instead of complying with section              Standards Institute, Inc., available at http://
                                                and Labels, American National Standards                                                                       www.ansi.org/.
                                                                                                        9.2 of ASTM F404–15, comply with the
                                                Institute, Inc., available at http://
                                                www.ansi.org/.                                          following:                                              Dated: November 2, 2015.
                                                                                                           (1) 9.2 The instructions shall contain             Todd A. Stevenson,
                                                   (vi) 8.4.6 The warning statements                    the warnings as specified in section 8.4
                                                shall be in a location that is visible by                                                                     Secretary, Consumer Product Safety
                                                                                                        (paragraph (d)(1) of this section).                   Commission.
                                                the caregiver while placing the occupant                Additional warnings similar to the                    [FR Doc. 2015–28300 Filed 11–6–15; 8:45 am]
                                                into the high chair in each of the                      statements included in this section shall
                                                manufacturer’s recommended use                                                                                BILLING CODE 6355–01–P
                                                                                                        also be included. These required
                                                positions.                                              warning statements shall meet the
                                                   (vii) 8.4.7 High chairs that do not                  requirements described in section 8.4
                                                have a seating component that is also                   (paragraph (d)(1) of this section), except            DEPARTMENT OF THE INTERIOR
                                                used as a seating component of a                        for the color requirements (i.e., the




                                                                                                                                                                                                                EP09NO15.321</GPH>
                                                stroller, shall, in the same label, address                                                                   Bureau of Indian Affairs
                                                                                                        background of the signal word panel
                                                the following warning statements:                       need not be orange, red, or yellow).                  25 CFR Part 30
                                                   Children have suffered skull fractures               However, the warning statements still
                                                after falling from high chairs. Falls can               must be in highly contrasting color(s)                [167 A2100DD/AAKC001030/
                                                happen quickly if child is not restrained               (e.g., black text on a white background),             A0A501010.999900]                                 EP09NO15.320</GPH>


                                                properly.                                               and if color is used, those colors must
                                                   • Always use restraints, and adjust to                                                                     Notice of Intent To Establish a
                                                                                                        meet the color requirements specified in
                                                fit snugly. Tray is not designed to hold                                                                      Negotiated Rulemaking Committee
                                                                                                        section 8.4 (paragraph (d)(1) of this
                                                child in chair.                                         section).                                             AGENCY:   Bureau of Indian Education,
                                                                                                                                                                                                                EP09NO15.320</GPH>




                                                   • Stay near and watch your child                        (2) Reference to section 9.2 of ASTM               Interior.
                                                during use.                                             F404–15 in paragraph (e) of this section              ACTION: Notice of intent; request for
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                   (viii) 8.4.8 High chairs that have a                 includes only the introductory                        nominations for tribal representatives;
                                                seating component that is also used as                  paragraph of section 9.2 and does not                 and comments.
                                                a seating component of a stroller shall                 include subsections 9.2.1 or 9.2.2 of
                                                                                                                                                                                                                EP09NO15.320</GPH> EP09NO15.320</GPH>




                                                use the warning statements as specified                 ASTM F404–15.                                         SUMMARY:   The Bureau of Indian
                                                in subsections 8.2.2.1 and 8.2.2.2 of the                  Note: For optional additional guidance on          Education (BIE) is announcing its intent
                                                version of the standard that is                         the design of warnings for instructional              to establish an Accountability
                                                incorporated by reference in part 1227                  literature, see the most-recent addition of           Negotiated Rulemaking Committee
                                                of this subchapter, in place of the                     ANSI Z535.6, Product Safety Information in            (Committee). The Committee will


                                           VerDate Sep<11>2014   19:17 Nov 06, 2015   Jkt 238001   PO 00000   Frm 00018   Fmt 4702   Sfmt 4702   E:\FR\FM\09NOP1.SGM   09NOP1


                                                69162                Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules

                                                recommend revisions to the existing                     Bureau-funded schools. See 20 U.S.C.                  July 17, 2012; Flagstaff, Arizona, on July
                                                regulations for BIE’s accountability                    6316(g)(1)(A)(i); 25 U.S.C. 2017–2018.                20, 2012; Seattle, Washington, on July
                                                system. As required by applicable                          In 2005, BIA promulgated such                      24, 2012; and Bismarck, North Dakota,
                                                statutes, the Secretary will select                     regulations. See 70 FR 22178 (April 28,               on July 27, 2012. Transcripts of those
                                                representatives of Indian tribes for the                2005). These regulations, codified at 25              meetings can be referenced at http://
                                                Committee from among individuals                        CFR 30.104, require BIE to use the                    www.bie.edu/consultation/index.htm.
                                                nominated by tribes whose students                      accountability system of the State in                   During the four meetings, BIE
                                                attend BIE-funded schools operated by                   which a BIE-funded school is located.                 received feedback from the tribes on the
                                                either the BIE or by the tribe through a                   The BIE-funded schools are located in              ESEA Flexibility Request and the BIE’s
                                                contract or grant and who would be                      23 different States; and each State has               proposed flexibility waiver. At the
                                                affected by a final rule. The BIE also                  its own accountability system. As a                   consultation sessions, BIE and the tribes
                                                solicits comments on the proposal to                    result, each State system produces                    discussed adopting Common Core
                                                establish the Committee, including                      student achievement data that cannot be               standards—initially in reading, language
                                                comments on additional interests not                    directly compared with data from other                arts, and mathematics—to reflect tribal
                                                identified in this notice of intent, and                States. For BIE, comparison is necessary              values and employ a single assessment
                                                invites tribes to nominate                              to identify under-performing schools                  system for all BIE-funded schools.
                                                representatives for membership on the                   and direct resources effectively.
                                                Committee.                                              Regardless of whether AYP continues to
                                                                                                        be the accountability measure required                II. Statutory Provisions
                                                DATES: Submit nominations for
                                                                                                        under law, BIE must address this deeply                  The Negotiated Rulemaking Act of
                                                Committee members or written
                                                                                                        fragmented accountability system                      1996 (NRA) (5 U.S.C. 561 et seq.); the
                                                comments on this notice of intent on or
                                                                                                        through negotiated rulemaking to create               Federal Advisory Committee Act
                                                before December 24, 2015.
                                                                                                        a more cohesive accountability system.                (FACA) (5 U.S.C. Appendix 2); and the
                                                ADDRESSES: You may submit                                  The BIE had previously developed a                 NCLB (20 U.S.C. 2000 et seq.)
                                                nominations for Committee members or                    method for comparing academic
                                                written comments on this notice of                      achievement across States despite the
                                                intent by any of the following methods:                                                                       III. The Committee and Its Process
                                                                                                        variances in academic standards.
                                                   • Send comments or nominations to                    Beginning in 2011, the U.S. Department                   In a negotiated rulemaking,
                                                Ms. Sue Bement, Designated Federal                      of Education began to grant flexibility               recommended provisions of a proposed
                                                Officer, Bureau of Indian Education,                    waivers to States for certain provisions              rule are developed by a committee
                                                1011 Indian School Road NW., Suite                      of ESEA, which has complicated the                    composed of at least one representative
                                                332, Albuquerque, New Mexico, 87104;                    method BIE uses to effectively compare                of the Federal Government and
                                                email: AYPcomments@bia.gov;                             achievement. It is necessary, therefore,              representatives of the interests that will
                                                Telephone: (505) 563–5274; Fax: (505)                   to revise 25 CFR Part 30, and to receive              be significantly affected by the rule.
                                                563–5281; or                                            recommendations from a negotiated                     Decisions are made by consensus,
                                                   • Hand-carry comments or use an                                                                            which means unanimous concurrence
                                                                                                        rulemaking committee on how BIE can
                                                overnight courier service to Manuel                                                                           among the interests represented on the
                                                                                                        compare academic achievement across
                                                Lujan Jr. Building, Building II, Suite                                                                        Committee, unless the Committee agrees
                                                                                                        the 23 States.
                                                332, 1011 Indian School Road NW.,                          This rulemaking would not change                   to define ‘‘consensus’’ to mean a general
                                                Suite 332, Albuquerque, New Mexico                      the existing authority for tribes to adopt            but not unanimous concurrence, or
                                                87104.                                                  their own tribal definition of AYP. The               agrees upon another specified
                                                FOR FURTHER INFORMATION CONTACT: Ms.                    BIE encourages tribal self-determination              definition. 5 U.S.C. 562(2)(A) and (B).
                                                Sue Bement, Designated Federal Officer;                 in Native education, encouraging tribes                  As part of the negotiated rulemaking
                                                Telephone: (505) 563–5274; Fax (505)                    to develop alternative accountability                 process, BIE has identified interests
                                                563–5281.                                               systems (and definitions of AYP) and                  potentially affected by the rulemaking
                                                SUPPLEMENTARY INFORMATION:                              providing technical assistance. For                   under consideration, including students
                                                                                                        example, on June 1, 2015, U.S.                        enrolled at 174 BIE-funded schools,
                                                I. Background                                           Education Secretary Arne Duncan and                   parents of such students, school
                                                   Under the Elementary and Secondary                   Interior Secretary Sally Jewell                       administrators, Tribes, and the Indian
                                                Education Act of 1965 (ESEA), student                   announced that the Miccosukee Indian                  communities served by these schools.
                                                achievement data is used to determine                   School received flexibility from the                  By this notice of intent, BIE is soliciting:
                                                whether schools are successfully                        Elementary and Secondary Education                    (1) comments on its proposal to form a
                                                educating their students. Under current                 Act (ESEA) to use a definition of AYP                 negotiated rulemaking committee; and
                                                law, this accountability measure is                     that meets their students’ unique                     (2) nominations for Committee members
                                                Adequate Yearly Progress (AYP). The                     academic and cultural needs. Local                    who will adequately represent the
                                                law requires States to use a single                     tribal communities know best what their               interests that are likely to be
                                                accountability system for schools to                    children need, and BIE prioritizes tribal             significantly affected by the proposed
                                                determine whether all students, as well                 self-determination in Indian education.               rule.
                                                as individual subgroups of students, are                This rulemaking aims only to make the                    Following the receipt of nominations
                                                making progress toward meeting State                    existing system more effective and                    and comments, BIE will publish a
                                                academic content standards. The goal,                   efficient. It would impact only those                 second notice in the Federal Register
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                                                as stated in the ESEA, was to have all                  BIE-funded schools that do not wish to                with a list of persons to represent the
                                                students reaching proficient levels in                  develop alternative definitions of AYP,               interests that are likely to be
                                                reading and math by 2014 as measured                    though the option will remain open to                 significantly affected by the rule, and
                                                by performance on State tests. The                      them regardless.                                      the person or persons proposed to
                                                ESEA requires the Bureau of Indian                         In 2012, BIE conducted four regional               represent BIE. Persons who will be
                                                Affairs to promulgate regulations                       meetings on the topic of accountability               significantly affected by the proposed
                                                through negotiated rulemaking for the                   in BIE-funded schools. Meetings were                  rule and who believe that their interests
                                                accountability system to be used in                     held in Oklahoma City, Oklahoma, on                   will not be adequately represented by


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                                                                     Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules                                            69163

                                                any person specified in that second                     sufficient resources to complete its work                1. Such member certifies a lack of
                                                Federal Register notice will be given an                in a timely fashion.                                  adequate financial resources to
                                                opportunity to apply or nominate                          7. The BIE, to the maximum extent                   participate in the Committee; and
                                                another person for membership on the                    possible and consistent with the legal                   2. The agency determines that such
                                                negotiated rulemaking committee to                      obligations of the Agency, will use the               members participation in the Committee
                                                represent such interests with respect to                consensus report of the Committee as                  is necessary to assure an adequate
                                                the proposed rule.                                      the basis for a proposed rule for public              representation of the members interest.
                                                   Following the second Federal                         notice and comment.                                      The BIE commits to pay the
                                                Register notice and responses to it, BIE                                                                      reasonable travel and per diem expenses
                                                expects to establish the Committee.                                                                           of Committee members, if appropriate
                                                After the Committee reaches consensus                   IV. Negotiated Rulemaking Procedures
                                                                                                                                                              under the NRA and Federal travel
                                                on the recommended provisions of the                      In compliance with FACA and NRA,                    regulations.
                                                proposed rule, as discussed in more                     BIE will use the following procedures
                                                                                                        and guidelines for this negotiated                    C. Composition of Committee
                                                detail below, BIE will publish a
                                                proposed rule in the Federal Register.                  rulemaking. The BIE may modify them                      The Secretary is seeking nominations
                                                   Under 5 U.S.C. 563, the head of the                  in response to comments received on                   submitted by Tribes for tribal
                                                agency is required to determine that the                this notice of intent or during the                   representatives, consistent with the
                                                use of the negotiated rulemaking                        negotiation process.                                  provisions of 25 U.S.C. 2018, to serve on
                                                procedure is in the public interest.                                                                          the Committee, who have a
                                                   In making such a determination, the                                                                        demonstrated ability to communicate
                                                                                                        A. Committee Formation
                                                agency head must consider certain                                                                             well with groups about the interests
                                                factors. Taking these factors into                        The Committee will be formed and                    they will represent. The Committee
                                                account, the Secretary, through the                     operated in full compliance with the                  cannot exceed 25 members, and BIE
                                                authority delegated to the Assistant                    requirements of FACA and NRA, and                     prefers 15.
                                                Secretary—Indian Affairs, has                           specifically under the guidelines of its                 Tribal Committee membership must:
                                                determined that a negotiated rulemaking                 charter.                                                 • Include only representatives of
                                                is in the public interest because:                                                                            Tribes served by BIE-funded schools;
                                                   1. A rule is needed. The ESEA directs                                                                         • Be selected from among individuals
                                                                                                        B. Membership Responsibility
                                                the Secretary to conduct a negotiated                                                                         nominated by the Tribes that have
                                                rulemaking pursuant to the NRA. The                        The Committee is expected to meet                  students attending BIE-funded schools;
                                                current definition of AYP creates a                     approximately 3–5 times. The meetings                    • Reflect the proportionate share of
                                                fragmented accountability system that                   will be held at various locations across              students from Tribes served by the BIE-
                                                prevents the BIE from developing and                    Indian Country, and will last 2–3 days                funded school system; and
                                                implementing comprehensive school                       each. The initial meeting will be in                     • Comply with the FACA
                                                reform initiatives in the 174 BIE-funded                person; some later meetings may be held                  Section 2018 of Title 25 also requires
                                                schools with academic programs in 23                    by teleconference and/or web-                         the Secretary to ensure that the various
                                                States.                                                 conference. The Committee’s work is                   interests affected by the proposed
                                                   2. A limited number of identifiable                  expected to occur over the course of 6–               report(s) or rules be represented on the
                                                interests will be significantly affected by             12 months. However, the Committee                     Committee. In making membership
                                                the rule. The 174 BIE-funded schools,                   may continue its work for a duration of               decisions, the Secretary shall consider
                                                students enrolled at these schools,                     two years.                                            whether the interest represented by a
                                                school teachers and administrators,                        Because of the scope and complexity                nominee will be affected significantly
                                                tribes, and Indian communities served                   of the tasks at hand, committee                       by the final products of the Committee,
                                                by these schools will be significantly                  members must be able to invest                        which may include report(s) and/or
                                                affected by this review and the                         considerable time and effort in the                   proposed regulations; whether that
                                                recommendations made by this                            negotiated rulemaking process.                        interest is already adequately
                                                Committee.                                              Committee members must be able to                     represented by tribal nominees; and
                                                   3. There is a reasonable likelihood                  attend all committee meetings, work on                whether the potential addition would
                                                that the Committee can be convened                      committee work groups, consult with                   adequately represent that interest.
                                                with a balanced representation of                       their constituencies between committee                Federally registered lobbyists are
                                                persons who can adequately represent                    meetings, and negotiate in good faith                 ineligible to serve on all FACA and non-
                                                the interests discussed in item 2, above,               toward a consensus on issues before the               FACA boards, committees, or councils
                                                and who are willing to negotiate in good                Committee. Because of the complexity                  in an individual capacity. The term
                                                faith to attempt to reach a consensus on                of the issues under consideration, as                 ‘‘individual capacity’’ refers to
                                                provisions of a proposed rule.                          well as the need for continuity, the                  individuals who are appointed to
                                                   4. There is a reasonable likelihood                  Secretary reserves the right to replace               exercise their own individual best
                                                that the Committee will reach consensus                 any member who is unable to                           judgment on behalf of the government,
                                                on a proposed rule within a fixed period                participate in the Committee’s meetings.              such as when they are designated
                                                of time.                                                   Responsibility for expenses is stated              Special Government Employees, rather
                                                   5. The use of negotiated rulemaking                  under 5 U.S.C. 568(c) as follows:                     than being appointed to represent a
                                                will not unreasonably delay the                            Members of a negotiated rulemaking                 particular interest.
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                                                development of a proposed rule because                  committee shall be responsible for their
                                                time limits will be placed on the                       own expenses of participation in such                 D. Administrative and Technical
                                                negotiation. We anticipate that these                   committee, except that an Agency may,                 Support
                                                negotiations will expedite a proposed                   in accordance with section 7(d) of the                  The BIE will provide sufficient
                                                rule and ultimately the acceptance of a                 FACA, pay for a member’s reasonable                   administrative and technical resources
                                                final rule.                                             travel and per diem expenses, expenses                for the Committee to complete its work
                                                   6. The BIE is making a commitment                    to obtain technical assistance, and a                 in a timely fashion. The BIE, with the
                                                to ensure that the Committee has                        reasonable rate of compensation, if—                  help of the facilitator, will prepare all


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                                                69164                        Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules

                                                agendas, provide meeting notes, and                                      BIE personnel and educators at BIE-                            schools operated either by BIE or by the
                                                provide a final report of any issues on                                  funded schools. Through these and                              tribe through a contract or grant, to
                                                which the Committee reaches                                              previous consultations, such as those                          nominate tribal representatives to serve
                                                consensus.                                                               conducted in 2012 for an Elementary                            on the Committee and tribal alternates
                                                                                                                         and Secondary Education Act                                    to serve when the representative is
                                                E. Training and Organization                                             Flexibility Waiver Request, BIE has                            unavailable. Based upon the
                                                   At the first meeting of the Committee,                                identified interests to be significantly                       proportionate share of students, some
                                                a neutral facilitator will provide training                              affected by this new rule that include                         tribes similar in affiliation or geography
                                                on negotiated rulemaking, interests-                                     students enrolled at 174 BIE-funded                            are grouped together for one seat. It will
                                                based negotiations, consensus-building,                                  schools, parents of such students,
                                                                                                                                                                                        be necessary for such nominating tribes
                                                and team-building. In addition, at the                                   school administrators, tribes, and the
                                                first meeting, Committee members will                                                                                                   either to co-nominate a single tribal
                                                                                                                         Indian communities served by these
                                                make organizational decisions                                            schools. The BIE is accepting comments                         representative to represent the multi-
                                                concerning protocols, scheduling, and                                    identifying other interests that may be                        tribal jurisdiction or for each tribe in the
                                                facilitation of the Committee.                                           significantly affected by the final                            multi-tribal jurisdiction to nominate a
                                                                                                                         products of the Committee, which may                           representative with the knowledge that
                                                F. Interests Identified Through                                                                                                         BIE will be able to appoint only one of
                                                                                                                         include report(s) and/or proposed
                                                Consultation                                                                                                                            the nominees who will then be
                                                                                                                         regulations, until the date listed in the
                                                    Under Section 562 of the NRA,                                        DATES section of this notice of intent.                        responsible for representing the entire
                                                ‘‘ ‘interest’ means, with respect to an                                                                                                 multi-tribal jurisdiction on the
                                                issue or matter, multiple parties which                                  V. Request for Nominations and                                 Committee. (See chart below for
                                                have a similar point of view or which                                    Comments
                                                                                                                                                                                        jurisdictions.)
                                                are likely to be affected in a similar                                      The BIE solicits nominations from
                                                manner.’’ The BIE has consulted with                                     tribes whose students attend BIE-funded

                                                                                                                                                                     Student count      Percent of         % Times 15     Suggested
                                                                                                    Tribes                                                            school year      total student       seats total      seats
                                                                                                                                                                      2013–2014            count

                                                Navajo     Nation     Tuba City Agency Western (AZ) ..............................................                            3,727
                                                Navajo     Nation     Crown Point Agency Eastern (NM) .........................................                               3,642
                                                Navajo     Nation     Chinle Agency (AZ) ..................................................................                   3,216
                                                Navajo     Nation     Fort Defiance Agency (AZ) ......................................................                        2,437
                                                Navajo     Nation     Shiprock Agency (AZ) ..............................................................                     1,870

                                                      Total Navajo Nation ..................................................................................                14,892               32.70             4.91               5

                                                Oglala Sioux Tribe of the Pine Ridge Reservation(SD) ..................................                                       2,994
                                                Cheyenne River Sioux (SD) ............................................................................                        1,280
                                                Rosebud Sioux Tribe (SD) ..............................................................................                         896
                                                Standing Rock Sioux Tribe (ND) .....................................................................                            989
                                                Sisseton-Wahpeton Sioux of Lake Traverse Res. (SD) ..................................                                           797
                                                Spirit Lake Tribe (Devils Lake Sioux Tribe) (ND) ............................................                                   615

                                                      Total Sioux Tribes ....................................................................................                 7,571              16.63             2.49               2

                                                The Hopi Tribe (AZ) .........................................................................................                 1,465
                                                Pueblo of Acoma .............................................................................................                   251
                                                Pueblo of Chochiti ...........................................................................................                   23
                                                Pueblo of Isleta ................................................................................................               175
                                                Pueblo of Jemez ..............................................................................................                  165
                                                Pueblo of Laguna ............................................................................................                   386
                                                Pueblo of Nambe .............................................................................................                    12
                                                Pueblo of Picuris ..............................................................................................                  5
                                                Pueblo of Pojoaque .........................................................................................                      5
                                                Pueblo of San Felipe .......................................................................................                    447
                                                Pueblo of San Ildefonso ..................................................................................                       38
                                                Pueblo of San Juan .........................................................................................                    171
                                                Pueblo of Sandia .............................................................................................                    2
                                                Pueblo of Santa Ana .......................................................................................                       7
                                                Pueblo of Santa Clara .....................................................................................                     134
                                                Pueblo of Santo Domingo ...............................................................................                         210
                                                Pueblo of Taos ................................................................................................                 151
                                                Pueblo of Tesuque ..........................................................................................                     43
                                                Pueblo of Zia ...................................................................................................                84
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                                                      Total Hopi and Pueblo Tribes ..................................................................                         3,774               8.29             1.24               1

                                                Bad River Band of the Lake Superior Tribe (WI) ............................................                                     10
                                                Bay Mills (MI) ...................................................................................................              11
                                                Chippewa-Cree (MT) .......................................................................................                      24
                                                Grand Traverse Band of Ottawa & Chippewa (MI) .........................................                                          4
                                                Keweenaw Bay of L’Anse and Ontonagon of Chippewa (MI) .........................                                                  1
                                                Lac Courte Oreilles of Lake Superior Chippewa (WI) .....................................                                       227



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                                                                              Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules                                                                                                69165

                                                                                                                                                                         Student count                Percent of                 % Times 15               Suggested
                                                                                                     Tribes                                                               school year                total student               seats total                seats
                                                                                                                                                                          2013–2014                      count

                                                Lac du Flambeau of Lake Superior Chippewa (WI) ........................................                                                    13
                                                Minnesota Chippewa Bois Forte Band (Nett Lake) .........................................                                                   18
                                                Minnesota Chippewa Fond du Lac Band ........................................................                                              167
                                                Minnesota Chippewa Leech Lake Band ..........................................................                                             143
                                                Minnesota Chippewa Mille Lacs Band ............................................................                                           207
                                                Minnesota Chippewa Red Lake of Chippewa Indians ....................................                                                       75
                                                Minnesota Chippewa Tribe, MN—6 reservations ............................................                                                   17
                                                Minnesota Chippewa White Earth Band ..........................................................                                            146
                                                Red Cliff Band of Lake Superior Chippewa Indians (WI) ................................                                                     11
                                                Saginaw Chippewa (MI) ..................................................................................                                    4
                                                Sault Ste. Marie Tribe of Chippewa Indians (MI) ............................................                                              285
                                                Sokaogon Chippewa of Mole Lake Band (Chippewa) (WI) ............................                                                            3
                                                St. Croix Chippewa Indians (WI) .....................................................................                                      12
                                                Turtle Mountain Band of Chippewa Indians (ND) ...........................................                                               2,089

                                                      Total Chippewa Tribes .............................................................................                               3,467                        7.61                       1.14                  1

                                                Gila River .........................................................................................................                    1,094
                                                White Mountain Apache of Fort Apache .........................................................                                            975
                                                Tohono O’odham Nation .................................................................................                                   924
                                                Mescalero Apache ...........................................................................................                              549

                                                      Total ..........................................................................................................                  3,542                        7.78                       1.17                  1

                                                Mississippi Band of Choctaw Indians (MS) .....................................................                                          2,168
                                                Eastern Band of Cherokee Indians (NC) .........................................................                                         1,040

                                                      Total ..........................................................................................................                  3,208                        7.04                       1.06                  1

                                                      Total Other Tribes ....................................................................................                         12,492                       27.43                        4.11                  4

                                                             Total 2013-2014 Student Count ........................................................                                   45,537

                                                Federal Government—Committee Membership ..............................................                                                    Designated Federal Officer                                                  1
                                                                                                                                                                                             Office of the Solicitor                                                  1
                                                                                                                                                                                          Bureau of Indian Education                                                  1
                                                                                                                                                                                           Department of Education                                                    1

                                                      Total Tribal Committee Members .............................................................                       ........................   ........................   ........................           15

                                                      Total Federal Committee Members ..........................................................                         ........................   ........................   ........................               4

                                                      TOTAL AYP Negotiated Rulemaking Committee .....................................                                    ........................   ........................   ........................           19



                                                   Each nomination is expected to                                              • Be able to negotiate effectively on                                    considered. Nominations must include
                                                include a nomination for a                                                  behalf of the tribe(s) represented;                                         the following information about each
                                                representative and an alternate who can                                        • Be able to commit the time and                                         nominee:
                                                fulfill the obligations of membership                                       effort required to attend and prepare for                                      (1) A letter from the Tribe supporting
                                                should the representative be unable to                                      meetings; and                                                               the nomination of the individual to
                                                attend. The Committee membership                                               • Be able to collaborate among                                           serve as a tribal representative for the
                                                should also reflect the diversity of tribal                                 diverse parties in a consensus-seeking                                      Committee;
                                                interests, and tribes should nominate                                       process.                                                                       (2) A resume reflecting the nominee’s
                                                representatives and alternates who will:                                                                                                                qualifications and experience in Indian
                                                   • Have knowledge of school                                               VI. Submitting Nominations                                                  education; resume to include the
                                                assessments and accountability systems;                                       This notice was previously published                                      nominee’s name, tribal affiliation, job
                                                   • Have relevant experience as past or                                    in the Federal Register on January 31,                                      title, major job duties, employer,
                                                present superintendents, principals,                                        2013. The evaluation of nominations                                         business address, business telephone
                                                teachers, or school board members, or                                       received as a result of the previous                                        and fax numbers (and business email
                                                possess direct experience with AYP;                                         notice were conducted and validated for                                     address, if applicable);
                                                   • Be able to coordinate, to the extent                                   one year, expiring January 31, 2014.                                           (3) The tribal interest(s) to be
                                                possible, with other tribes and schools                                                                                                                 represented by the nominee (see Section
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                                                                                                                            Representatives who were previously
                                                who may not be represented on the                                           nominated would need to be re-                                              IV, Part F of this notice of intent) and
                                                Committee;                                                                  nominated in response to this notice.                                       whether the nominee will represent
                                                   • Be able to represent the tribe(s) with                                 The Secretary will only consider                                            other interest(s) related to this
                                                the authority to embody tribal views,                                       nominees nominated through the                                              rulemaking, as the tribe may designate;
                                                communicate with tribal constituents,                                       process identified in this Federal                                          and
                                                and have a clear means to reach                                             Register notice. Nominations received in                                       (4) A brief description of how the
                                                agreement on behalf of the tribe(s);                                        any other manner will not be                                                nominee will represent tribal views,


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                                                69166                Federal Register / Vol. 80, No. 216 / Monday, November 9, 2015 / Proposed Rules

                                                communicate with tribal constituents,                   Officer, Directorate of Oversight and                 national security positions in the U.S.
                                                and have a clear means to reach                         Compliance, Regulatory and Audit                      federal government for at least one year.
                                                agreement on behalf of the tribe(s) they                Matters Office, 9010 Defense Pentagon,
                                                                                                                                                              Benefits
                                                are representing.                                       Washington, DC 20301–9010.
                                                   Additionally, a statement on whether                    Instructions: All submissions received                NSEP, as outlined in the David L.
                                                the nominee is only representing one                    must include the agency name and                      Boren National Security Education Act
                                                tribe’s views or whether the expectation                docket number or Regulatory                           of 1991 (NSEA), oversees multiple
                                                is that the nominee represents a specific               Information Number (RIN) for this                     critical initiatives. All of NSEP’s
                                                group of tribes.                                        Federal Register document. The general                programs are designed to complement
                                                   To be considered, nominations must                   policy for comments and other                         one another, ensuring that the lessons
                                                be received by the close of business on                 submissions from members of the public                learned in one program inform the
                                                the date listed in the DATES section, at                is to make these submissions available                approaches of the others. Congress
                                                the location indicated in the ADDRESSES                 for public viewing on the Internet at                 specifically—and uniquely—structured
                                                section.                                                http://www.regulations.gov as they are                NSEP to focus on the combined issues
                                                                                                        received without change, including any                of language proficiency, national
                                                Certification                                           personal identifiers or contact                       security, and the needs of the federal
                                                  For the above reasons, I hereby certify               information.                                          workforce.
                                                that the Adequate Yearly Progress                                                                                NSEA outlines five major purposes for
                                                                                                        FOR FURTHER INFORMATION CONTACT:
                                                Negotiated Rulemaking Committee is in                                                                         NSEP, namely:
                                                                                                        Alison Patz, 571–256–0771.                               • To provide the necessary resources,
                                                the public interest.
                                                                                                        SUPPLEMENTARY INFORMATION:                            accountability, and flexibility to meet
                                                  Dated: October 29, 2015.
                                                                                                        Background                                            the national security education needs of
                                                Kevin K. Washburn,                                                                                            the United States, especially as such
                                                Assistant SecretaryÐIndian Affairs.                        The David L. Boren National Security               needs change over time;
                                                [FR Doc. 2015–28379 Filed 11–6–15; 8:45 am]             Education Act of 1991 (Pub. L. 102–                      • To increase the quantity, diversity,
                                                BILLING CODE 4337–15–P                                  183), as amended, codified at 50 U.S.C.               and quality of the teaching and learning
                                                                                                        1901 et seq. (NSEA), mandated that the                of subjects in the fields of foreign
                                                                                                        Secretary of Defense create and sustain               languages, area studies,
                                                DEPARTMENT OF DEFENSE                                   a program to award scholarships to U.S.               counterproliferation studies, and other
                                                                                                        undergraduate students, fellowships to                international fields that are critical to
                                                Office of the Secretary                                 U.S. graduate students, and grants to                 the nation’s interest;
                                                                                                        U.S. institutions of higher education.                   • To produce an increased pool of
                                                32 CFR Part 208                                            The NSEP is authorized through 50                  applicants to work in the departments
                                                                                                        U.S.C. 1901–1912 to award                             and agencies of the United States
                                                [Docket ID: DOD–2013–OS–0021]                           scholarships, fellowships, and grants to              government with national security
                                                RIN 0790–AJ01                                           institutions of higher education in order             responsibilities;
                                                                                                        to increase the quantity, diversity, and                 • To expand, in conjunction with
                                                National Security Education Program                     quality of the teaching and learning of               other federal programs, the international
                                                (NSEP) and NSEP Service Agreement                       subjects in the fields of foreign                     experience, knowledge base, and
                                                                                                        languages, area studies,                              perspectives on which the United States
                                                AGENCY:  Under Secretary of Defense for                 counterproliferation studies, and other
                                                Personnel and Readiness, DoD.                                                                                 citizenry, government employees, and
                                                                                                        international fields that are critical to             leaders rely; and
                                                ACTION: Proposed rule                                   the Nation’s interest, as well as to                     • To permit the federal government to
                                                                                                        produce an increased pool of applicants               advocate on behalf of international
                                                SUMMARY:   This proposed rule
                                                                                                        for working the departments and                       education.
                                                implements the responsibilities of the
                                                                                                        agencies of the United States                            As a result, NSEP is the only
                                                Secretary of Defense for administering
                                                                                                        Government with national security                     federally-funded effort focused on the
                                                NSEP and explains the responsibilities
                                                                                                        responsibilities.                                     combined issues of language
                                                of the Under Secretary of Defense for                      NSEP oversees nine national security               proficiency, national security, and the
                                                Personnel and Readiness (USD (P&R))                     language and culture initiatives                      needs of the federal workforce.
                                                for policy and funding oversight for                    designed to attract, recruit, and train a                • Boren Scholarships are awarded to
                                                NSEP. It discusses requirements for                     future federal workforce skilled in                   U.S. undergraduates for up to one
                                                administering and executing the                         languages and cultures to work across                 academic year of overseas study of
                                                National Security Education Program                     all agencies involved in national                     languages and cultures critical to
                                                (NSEP) service agreement and; and                       security. These initiatives support                   national security. Boren Scholars
                                                assigns oversight of NSEP to the Defense                professional proficiency language                     demonstrate their merit for an award in
                                                Language and National Security                          training at U.S. colleges and                         part by agreeing to fulfill a one year
                                                Education Office (DLNSEO).                              universities, as well as support students             (minimum) service commitment to the
                                                DATES: Comments must be received by                     to study overseas in regions critical to              U.S. government. NSEP awards
                                                January 8, 2016.                                        U.S. national security through                        approximately 150 Boren Scholarships
                                                ADDRESSES: You may submit comments,                     scholarships and fellowships.                         annually.
                                                                                                                                                                 • Boren Fellowships are awarded for
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                identified by docket number and/or RIN                     The proposed rule outlines
                                                number and title, by any of the                         requirements applicable to the NSEP                   up to two years to U.S. graduate
                                                following methods:                                      office and NSEP award recipients. This                students who develop independent
                                                  • Federal Rulemaking Portal: http://                  includes information about the NSEP                   projects that combine study of language
                                                www.regulations.gov. Follow the                         service agreement, which award                        and culture in areas critical to national
                                                instructions for submitting comments.                   recipients must adhere to as a condition              security. Boren Fellows demonstrate
                                                  • Mail: Department of Defense, Office                 of award. In exchange for support, NSEP               their merit for an award in part by
                                                of the Deputy Chief Management                          awardees must work in qualifying                      agreeing to fulfill a one year (minimum)


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Document Created: 2015-12-14 15:05:40
Document Modified: 2015-12-14 15:05:40
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of intent; request for nominations for tribal representatives; and comments.
DatesSubmit nominations for Committee members or written comments on this notice of intent on or before December 24, 2015.
ContactMs. Sue Bement, Designated Federal Officer; Telephone: (505) 563-5274; Fax (505) 563-5281.
FR Citation80 FR 69161 

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