81 FR 54768 - Notice of Intent To Establish a Negotiated Rulemaking Committee

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 81, Issue 159 (August 17, 2016)

On November 9, 2015, the Bureau of Indian Education (BIE) published a notice of intent requesting comments and nominations for Tribal representatives for the Accountability Negotiated Rulemaking Committee (Committee). The comment period for that notice of intent closed December 24, 2015. On April 14, 2016, the BIE reopened the comment and nomination period with a new deadline of May 31, 2016. The BIE is further extending the comment period for Tribes to nominate individuals for membership on the Committee. The BIE also solicits comments on the proposal to establish the Committee, including comments on additional interests not identified in this notice of intent and comments on the expansion of the scope of the Committee. The BIE is also correcting a drafting error in the April 14, 2016 Notice that omitted from Section III the central purpose of the Committee under the requirements of the Every Student Succeeds Act (ESSA), which requires the Secretary of the Interior, using a negotiated rulemaking process, to develop regulations for implementation no later than the 2017-2018 academic year. It also requires the Secretary to define the standards, assessments, and accountability system consistent with Section 1111 of the Elementary and Secondary Education Act (ESEA) for the schools funded by BIE on a national, regional, or tribal basis.

[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Proposed Rules]
[Pages 54768-54770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19599]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 30

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


Notice of Intent To Establish a Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Extension of comment and nomination periods.

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SUMMARY: On November 9, 2015, the Bureau of Indian Education (BIE) 
published a notice of intent requesting comments and nominations for 
Tribal representatives for the Accountability Negotiated Rulemaking 
Committee (Committee). The comment period for that notice of intent 
closed December 24, 2015. On April 14, 2016, the BIE reopened the 
comment and nomination period with a new deadline of May 31, 2016. The 
BIE is further extending the comment period for Tribes to nominate 
individuals for membership on the Committee. The BIE also solicits 
comments on the proposal to establish the Committee, including comments 
on additional interests not identified in this notice of intent and 
comments on the expansion of the scope of the Committee. The BIE is 
also correcting a drafting error in the April 14, 2016 Notice that 
omitted from Section III the central purpose of the Committee under the 
requirements of the Every Student Succeeds Act (ESSA), which requires 
the Secretary of the Interior, using a negotiated rulemaking process, 
to develop regulations for implementation no later than the 2017-2018 
academic year. It also requires the Secretary to define the standards, 
assessments, and accountability system consistent with Section 1111 of 
the Elementary and Secondary Education Act (ESEA) for the schools 
funded by BIE on a national, regional, or tribal basis.

DATES: Submit nominations for Committee members or written

[[Page 54769]]

comments on this notice of intent on or before October 3, 2016.

ADDRESSES: You may submit nominations for Committee members or written 
comments on this notice of intent to Ms. Jackie Cheek, Bureau of Indian 
Education, by any of the following methods:
     (Preferred method) Email to: [email protected];
     Mail, hand-carry or use an overnight courier service to 
Ms. Jackie Cheek, Bureau of Indian Education, 1849 C Street NW., Mail 
Stop 3642, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: Ms. Jackie Cheek, Bureau of Indian 
Education; telephone: (202) 208-6983.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 9, 2015, BIE published a notice of intent requesting 
nominations for a negotiated rulemaking committee to recommend 
revisions to the existing regulations for BIE's accountability system 
(80 FR 69161). In that notice of intent, the BIE solicited nominations 
from Tribes whose students attend BIE-funded schools operated either by 
the BIE or by the Tribe through a contract or grant, to nominate Tribal 
representatives to serve on the Committee and Tribal alternates to 
serve when the representative is unavailable.
    Since that time, the Every Student Succeeds Act (ESSA), Public Law 
114-95, became law requiring an update to the subject, scope, and 
issues that the Committee will address. On April 14, 2016, BIE then 
announced its intent to expand the scope of the committee and reopened 
the comment and nomination period, requesting comments and nominations 
by May 31, 2016. 81 FR 22039 (April 14, 2016).

II. Every Student Succeeds Act (ESSA)

    The ESSA reauthorizes and amends the Elementary and Secondary 
Education Act of 1965 (ESEA). ESSA Section 8007(2) directs the 
Secretary of the Interior, in consultation with the Secretary of 
Education, if so requested, to use a negotiated rulemaking process to 
develop regulations for implementation no later than the 2017-2018 
academic year. The regulations will define the standards, assessments, 
and accountability system consistent with Section 1111 of the ESEA, for 
BIE-funded schools on a national, regional, or Tribal basis. The 
regulations will be developed in a manner that considers the unique 
circumstances and needs of such schools and the students served by such 
schools.
    ESSA Section 8007(2) also provides that if a Tribal governing body 
or school board of a BIE-funded school determines the requirements 
established by the Secretary of the Interior are inappropriate, they 
may waive, in part or in whole, such requirements. Where such 
requirements are waived, the Tribal governing body or school board 
shall, within 60 days, submit to the Secretary of the Interior a 
proposal for alternative standards, assessments, and an accountability 
system, if applicable, consistent with ESEA Section 1111. The proposal 
must take into account the unique circumstances and needs of the school 
or schools and the students served. The proposal will be approved by 
the Secretary of the Interior and the Secretary of Education, unless 
the Secretary of Education determines that the standards, assessments, 
and accountability system do not meet the requirements of ESEA Section 
1111. Additionally, a Tribal governing body or school board of a BIE-
funded school seeking a waiver may request, and the Secretary of the 
Interior and the Secretary of Education will provide, technical 
assistance.
    Due to the statutory changes described above, BIE expanded the 
scope of the negotiated rulemaking committee to receive recommendations 
and revise our current regulations (25 CFR part 30). This document 
provides notice that BIE is extending the comment period for: (1) 
Nominations of individuals for membership on the Committee and (2) 
comments on the proposal to establish the Committee, including comments 
on additional interests not identified in this notice of intent and 
comments on the expansion of the scope of the Committee.

III. The Committee and Its Process

    The BIE encourages Tribal self-determination in Native education, 
encouraging Tribes to develop alternative standards, assessments, and 
an accountability system and providing technical assistance.
    The negotiated rulemaking committee would be charged, consistent 
with ESSA Section 8007, with developing regulations, no later than the 
2017-2018 academic year, for implementation of the Secretary's 
responsibility to define the standards, assessments, and an 
accountability system consistent with ESEA Section 1111, for schools 
funded by the BIE on a national, regional, or tribal basis, as 
appropriate, taking into account the unique circumstances and needs of 
such schools and the students served by such schools. Additionally, the 
Committee will be asked to provide recommendations that encourage the 
exercise of the authority of Tribes to adopt their own standards, 
assessments, and an accountability system and also to provide 
recommendations on how BIE could best provide technical assistance 
under ESSA Section 8007(2).

IV. Nominations

    Each nomination is expected to include a nomination for a 
representative and an alternate who can fulfill the obligations of 
membership should the representative be unable to attend. The Committee 
membership should also reflect the diversity of Tribal interests, and 
Tribes should nominate representatives and alternates who will:
     Have knowledge of school assessments and accountability 
systems;
     Have relevant experience as past or present 
superintendents, principals, teachers, or school board members, or 
possess direct experience with Adequate Yearly Progress (AYP);
     Be able to coordinate, to the extent possible, with other 
Tribes and schools who may not be represented on the Committee;
     Be able to represent the Tribe(s) with the authority to 
embody Tribal views, communicate with Tribal constituents, and have a 
clear means to reach agreement on behalf of the Tribe(s);
     Be able to negotiate effectively on behalf of the Tribe(s) 
represented;
     Be able to commit the time and effort required to attend 
and prepare for meetings; and
     Be able to collaborate among diverse parties in a 
consensus-seeking process.
    The BIE will consider nominations for Tribal committee 
representatives only if they are nominated through the process 
identified in this notice of intent and in the Federal Register notices 
of intent at 80 FR 69161 and 81 FR 22040. The BIE will not consider any 
nominations that it receives in any other manner. The BIE will not 
consider nominations for Federal representatives. Only the Secretary 
may nominate Federal employees to the Committee.
    Based upon the proportionate share of students (see Section V of 
Federal Register notice of intent at 80 FR 69161), some Tribes similar 
in affiliation or geography are grouped together for one seat. It will 
be necessary for such nominating Tribes either to co-nominate a single 
Tribal representative to represent the multi-Tribal jurisdiction or for 
each Tribe in the multi-Tribal jurisdiction to nominate a 
representative with the knowledge that BIE will be able to appoint only 
one of the nominees who will then be responsible for

[[Page 54770]]

representing the entire multi-Tribal jurisdiction on the Committee.
    Nominations must include the following information about each 
nominee:
    (1) A letter from the Tribe supporting the nomination of the 
individual to serve as a Tribal representative for the Committee;
    (2) A resume reflecting the nominee's qualifications and experience 
in Indian education; resume to include the nominee's name, Tribal 
affiliation, job title, major job duties, employer, business address, 
business telephone and fax numbers (and business email address, if 
applicable);
    (3) The Tribal interest(s) to be represented by the nominee (see 
Section IV, Part F of Federal Register notice of intent at 80 FR 69161) 
and whether the nominee will represent other interest(s) related to 
this rulemaking, as the Tribe may designate; and
    (4) A brief description of how the nominee will represent Tribal 
views, communicate with Tribal constituents, and have a clear means to 
reach agreement on behalf of the Tribe(s) they are representing.
    (5) A statement on whether the nominee is only representing one 
Tribe's views or whether the expectation is that the nominee represents 
a specific group of Tribes.
    To be considered, nominations must be received by the close of 
business on the date listed in the DATES section, at the location 
indicated in the ADDRESSES section.
    If you already submitted a nomination prior to the December 24, 
2015, deadline or May 31, 2016 deadline, your application will still be 
considered.

V. Certification

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

    Dated: August 8, 2016.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2016-19599 Filed 8-16-16; 8:45 am]
 BILLING CODE 4337-15-P