82 FR 19240 - Proposed Waiver and Extension of the Project Period for the Native American Career and Technical Education Program

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 79 (April 26, 2017)

For the Native American Career and Technical Education Program (NACTEP), the Secretary proposes to: (1) Waive the requirements in 34 CFR 75.261(a) and (c)(2) that generally prohibit project extensions involving the obligation of additional Federal funds; and (2) extend the project periods for the current 30 NACTEP grantees for an additional 12 months under the existing program authority. This proposed waiver and extension would allow the 30 current NACTEP grantees to seek fiscal year (FY) 2017 continuation awards for project periods through FY 2018 under the existing program authority.

[Federal Register Volume 82, Number 79 (Wednesday, April 26, 2017)]
[Notices]
[Pages 19240-19241]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-08449]


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DEPARTMENT OF EDUCATION


Proposed Waiver and Extension of the Project Period for the 
Native American Career and Technical Education Program

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

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

ACTION: Proposed waiver and extension of the project period.

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SUMMARY: For the Native American Career and Technical Education Program 
(NACTEP), the Secretary proposes to: (1) Waive the requirements in 34 
CFR 75.261(a) and (c)(2) that generally prohibit project extensions 
involving the obligation of additional Federal funds; and (2) extend 
the project periods for the current 30 NACTEP grantees for an 
additional 12 months under the existing program authority. This 
proposed waiver and extension would allow the 30 current NACTEP 
grantees to seek fiscal year (FY) 2017 continuation awards for project 
periods through FY 2018 under the existing program authority.

DATES: We must receive your comments on or before May 26, 2017.

ADDRESSES: Address all comments regarding this proposed extension and 
waiver to Gwen Washington, room 11076, or Linda Mayo, Room 11075, U.S. 
Department of Education, 400 Maryland Avenue SW., Potomac Center Plaza 
(PCP), Washington, DC 20202-7241. If you prefer to send your comments 
by email, use one of the following addresses: [email protected] or 
[email protected]. You must include ``Proposed Waiver and Extension for 
NACTEP'' in the subject line of your message.

FOR FURTHER INFORMATION CONTACT: Gwen Washington by telephone at (202) 
245-7790 or by email at [email protected]. You may also contact 
Linda Mayo by telephone at (202) 245-7792 or by email at 
[email protected]. If you use a telecommunications device for the deaf 
(TDD), or a text telephone (TTY), call the Federal Relay Service, toll 
free, at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: 
    Invitation To Comment: We invite you to submit comments regarding 
this proposed waiver and extension of the project period.
    During and after the project period, you may inspect all public 
comments about this proposed waiver and extension in Room 11076 or Room 
11075, PCP, 550 12th Street SW., Washington, DC, between the hours of 
8:30 a.m. and 4:00 p.m., Washington, DC time, Monday through Friday of 
each week, except Federal holidays.
    Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record: On request, we will provide an appropriate 
accommodation or auxiliary aid to an individual with a disability who 
needs assistance to review the comments or other documents in the 
public rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, please contact one of the persons 
listed under FOR FURTHER INFORMATION CONTACT.

Background

    The NACTEP, as authorized by section 116 of the Carl D. Perkins 
Career and Technical Education Act of 2006 (the Act), provides grants 
to improve career and technical education programs that are consistent 
with the purposes of the Act and that benefit Native Americans and 
Alaska Natives. The Act also provides that NACTEP programs should build 
on the efforts of States and localities to develop challenging academic 
and technical standards and to assist students in meeting such 
standards, including preparation for high-skill, high-wage, or high-
demand occupations in emerging or established professions. (20 U.S.C. 
2301(1)).
    In addition, programs are required to provide technical assistance 
that promotes leadership, initial preparation, and professional 
development and improves the quality of career and technical education 
teachers, faculty, administrators, and counselors. (20 U.S.C. 2301(5)).
    Additionally, NACTEP programs generally support partnerships among 
secondary schools, postsecondary institutions, baccalaureate degree-
granting institutions, area career and technical education schools, 
local workforce investment boards, business and industry, and 
intermediaries, as well as provide, in conjunction with other education 
and training programs, individuals with opportunities throughout their 
lives to develop the knowledge and skills needed to keep the United 
States competitive. (20 U.S.C. 2301(6) and (7)).
    On February 26, 2013, we published in the Federal Register (78 FR 
13030) a notice inviting applications under NACTEP (2013 NIA), to 
operate career and technical education programs, as authorized by 
section 116(a) through (g) of the Act. (20 U.S.C. 2326(a)-(g)).
    In FY 2013, the Department funded two-year awards to NACTEP 
projects that were scheduled to end in FY 2015. On February 10, 2015, 
we published in the Federal Register (80 FR 7439), a proposed waiver 
and extension of the project period for the NACTEP grants. In that 
notice, we stated that we did not believe it would be in the public 
interest to hold a new NACTEP competition in FY 2015, due to the 
potential for changes in the authorizing legislation for NACTEP beyond 
2015, resulting in projects that might then operate for just one year. 
Following that notice and consideration of the comments received in 
response to it, on July 6, 2015, we published in the Federal Register 
(80 FR 38440), a notice of final waiver and extension of the project 
period for the NACTEP, waiving the requirements of 34 CFR 75.261(a) and 
(c)(2) that generally prohibit project period extensions involving the 
obligation of additional Federal funds. Therefore, the NACTEP grantees 
were permitted to request an extension of the project period for up to 
an additional 24 months.
    In this notice, we are proposing to waive the requirements in 34 
CFR 75.261(a) and (c)(2) in order to allow the Department to consider 
current grantee requests to extend the project period for an additional 
12 months. Given that

[[Page 19241]]

these funds expire by September 30, 2017, there would be limited time 
to conduct a NACTEP competition and provide the new administration 
sufficient time to determine its career and technical education 
priorities. Therefore, the Department believes it is in the best 
interest of the public to extend the existing grants for an additional 
12 months.
    If this proposed waiver becomes final through a notice of final 
waiver and extension of the project period published in the Federal 
Register: (1) The requirements applicable to continuation awards for 
current NACTEP grantees set forth in the 2013 NIA and the requirements 
in 34 CFR 75.253 would apply to any continuation awards sought by 
current NACTEP grantees; (2) we will make decisions regarding the 
continuation awards based on grantee program narratives, budgets and 
budget narratives, and program performance reports and the requirements 
in 34 CFR 75.253; and (3) we will not announce a new competition or 
make new awards in FY 2017.
    The proposed waiver and project period extension would not exempt 
the current NACTEP grantees from the appropriation account closing 
provisions of 31 U.S.C. 1552(a), nor would they extend the availability 
of funds previously awarded to current NACTEP grantees. As a result of 
31 U.S.C. 1552(a), appropriations available for a limited period may be 
used for payment of valid obligations for only five years after the 
expiration of their period of availability for Federal obligation. 
After that time, the unexpended balance of those funds is canceled and 
returned to the U.S. Department of the Treasury and is unavailable for 
restoration for any purpose (31 U.S.C. 1552(b)).

Regulatory Flexibility Act Certification

    The Secretary certifies that the proposed waiver and extension and 
the activities required to support additional months of funding would 
not have a significant economic impact on a substantial number of small 
entities.
    The small entities that would be affected by this proposed waiver 
and extension are the 30 currently funded NACTEP grantees and any other 
potential applicants. The Secretary certifies that the proposed waiver 
and extension would not have a significant economic impact on these 
entities because the extension of an existing project imposes minimal 
compliance costs, and the activities required to support the additional 
years of funding would not impose additional regulatory burdens or 
require unnecessary Federal supervision.

Paperwork Reduction Act of 1995

    This notice of proposed waiver and extension contains information 
collection requirements approved by OMB under control number 1830-0542; 
this proposed waiver and extension does not cause any changes to the 
approved OMB information collection.

Intergovernmental Review

    The NACTEP is not subject to Executive Order 12372 and regulations 
in 34 CFR part 79.
    Accessible Format: Individuals with disabilities can obtain this 
document in an accessible format (e.g., braille, large print, 
audiotape, or compact disc) on request to the contact person listed 
under FOR FURTHER INFORMATION CONTACT.
    Electronic Access to This Document: The official version of this 
document is the document published in the Federal Register. Free 
internet access to the official edition of the Federal Register and the 
Code of Federal Regulations is available via the Federal Digital System 
at: www.thefederalregister.org/fdsys. At this site, you can view this document, as 
well as all other documents of this Department published in the Federal 
Register, in text or Portable Document Format (PDF). To use PDF you 
must have Adobe Acrobat Reader, which is available free at this site.
    You may also access documents of the Department published in the 
Federal Register by using the article search feature at: 
www.federalregister.gov. Specifically, through the advanced search 
feature at this site, you can limit your search to documents published 
by the Department.

Kim R. Ford,
Delegated the Duties of the Assistant Secretary for Career, Technical, 
and Adult Education.
[FR Doc. 2017-08449 Filed 4-25-17; 8:45 am]
 BILLING CODE 4000-01-P