82 FR 35768 - Final Waiver and Extension of the Project Period for the Native American Career and Technical Education Program

DEPARTMENT OF EDUCATION

Federal Register Volume 82, Issue 146 (August 1, 2017)

For the 24-month projects originally funded in fiscal year (FY) 2013 and extended for an additional 24-months in FY 2015 under the Native American Career and Technical Education Program (NACTEP), the Secretary: Waives the requirements in Education Department regulations that generally prohibit project extensions involving the obligation of additional Federal funds; and extends the project period for the current 30 NACTEP grantees for an additional 12 months under the existing program authority. This waiver and extension will allow the 30 current NACTEP grantees to seek FY 2017 continuation awards for the project period through FY 2018.

[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Notices]
[Pages 35768-35770]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16182]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF EDUCATION


Final 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: Final waiver and extension of the project period.

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

SUMMARY: For the 24-month projects originally funded in fiscal year 
(FY) 2013 and extended for an additional 24-months in FY 2015 under the 
Native American Career and Technical Education Program (NACTEP), the 
Secretary: Waives the requirements in Education Department regulations 
that generally prohibit project extensions involving the obligation of 
additional Federal funds; and extends the project period for the 
current 30 NACTEP grantees for an additional 12 months under the 
existing program authority. This waiver and extension will allow the 30 
current NACTEP grantees to seek FY 2017 continuation awards for the 
project period through FY 2018.

DATES: As of August 1, 2017, the waiver and extension of the project 
period are finalized.

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: On April 26, 2017, we published a notice in 
the Federal Register (82 FR 19240) proposing to waive the requirements 
of 34 CFR 75.261(a) and (c)(2) that generally prohibit project period 
extensions involving the obligation of additional Federal funds. In 
that notice, the Secretary also proposed to extend the NACTEP project 
period for up to an additional 12 months. The proposed waiver and 
extension of project period would enable the Secretary to provide 
continuation awards to the current NACTEP grantees through FY 2018 
under the existing program authority.
    That notice contained background information and our reasons for 
proposing the waiver and extension of the project period. This notice 
makes the waiver and extension of the project period final. Any 
activities carried out during the period of a NACTEP continuation award 
must be consistent with, or a logical extension of, the scope, goals, 
and objectives of the grantee's application as approved in the FY 2013 
NACTEP competition. The requirements applicable to continuation awards 
for this competition set forth in the 2013 notice inviting applications 
and the requirements in 34 CFR 75.253 will apply to any continuation 
awards sought by the current NACTEP grantees.
    We will make decisions regarding the continuation awards based on 
grantee program narratives, budgets and budget narratives, program 
performance reports, and the requirements in 34 CFR 75.253. We will not 
announce a new competition or make new awards in FY 2017.
    The final waiver and project period extension will not exempt the 
current NACTEP grantees from the appropriation account closing 
provisions of 31 U.S.C. 1552(a), nor will it 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)).
    Public Comment: In response to our invitation in the proposed 
waiver and extension, we received 85 comments.

[[Page 35769]]

Generally, we do not address general comments that raise concerns not 
directly related to the proposed waiver and extension.
    There are no substantive differences between the proposed waiver 
and extension and the final waiver and extension.

Analysis of Comments and Discussion

    Comments: All of the commenters expressed support for the proposed 
waiver and extension of the NACTEP project period, or the NACTEP in 
general. The commenters provided various reasons for their support.
    Several commenters stated that continuing the NACTEP projects will 
assist students in completing their Career and Technical Education 
(CTE) programs and provide students with an opportunity to progress 
toward a fulfilling career. One commenter also indicated that the 
NACTEP has greatly assisted Tribal Colleges and Tribal communities, 
which directly benefit from educated students.
    Another commenter indicated that the NACTEP has empowered many 
Tribal members with a sense of hope and promise with regard to the 
reality that education is attainable, where there was very little 
opportunity prior to the presence of the NACTEP.
    One commenter stated that a continuation of the NACTEP for an 
additional 12 months enables a sound use of funds as these funds will 
support programs that are currently supporting Native American 
communities in need of CTE programs that improve community vitality and 
economic stability. The commenter also stated that a lapse of funds 
would create a set-back in the progress made by grantees, such as the 
relationship established with a local community college to provide in-
demand training within Native American communities. Another commenter 
stated that the extension would allow their Tribe to focus on 
maintaining its current NACTEP-funded programs, while also capitalizing 
on the current momentum of service delivery through programs that are 
already in place and operational.
    We received many comments from NACTEP students who supported the 
proposed waiver and extension of the project period. Students indicated 
that the NACTEP helped them to achieve their educational goals, which 
included associate degrees and certificate programs. Numerous students 
noted how certificates and degrees earned with the NACTEP assistance 
had correlated to job promotions or better career prospects. 
Additionally, several of these students indicated that without the 
NACTEP assistance of educational supplies, child care, transportation, 
and other financial assistance, education would not have been 
attainable for them.
    Several students indicated that the direct assistance provided by 
the NACTEP resulted in students completing their CTE training. One 
student noted that he hoped the program could be extended so that he 
could obtain his certificate in leadership training.
    Another student indicated that the NACTEP has been the most useful 
part of the student's career due to its ``hands-on'' and practical 
nature. The student stated that the NACTEP benefits the individual, the 
business organization, and the community at large.
    We received several comments from current and former instructors 
who supported the proposed waiver and extension of the project period. 
Multiple instructors indicated that the NACTEP was positively impacting 
the community, as well as students. One commenter noted that the NACTEP 
assistance increased the cultural pride of students, which led to 
greater community involvement. Additionally, another commenter 
indicated that the NACTEP grants have enabled students to attain 
industry-recognized credentials and escape homelessness situations.
    Another commenter stated that systems are already in place for a 
smooth start-up, enrollment, and pathway for both new students and 
students who are in the middle of their certificate programs. 
Additionally, this commenter indicated that the NACTEP has helped to 
create leaders for the Tribe, who serve as role models in informed, 
effective, proactive, and supportive management, which has a rippling 
effect throughout the Tribal community. The commenter also indicated 
that because of the NACTEP, many students have experienced their first 
college classes, and are the first in their families to do so.
    Finally, some commenters noted the valuable services provided 
through the NACTEP to students and other community members. One 
commenter stated that a continuation would be the most rational 
approach for grantees. Another commenter stressed that Native Americans 
continue to face unemployment levels double that of the overall 
population and the NACTEP is focused on changing this.
    Discussion: We appreciate the support of the commenters and agree 
that extending the current NACTEP grant period will allow current 
NACTEP grantees to continue to work toward accomplishing the goals and 
objectives stated in their 2013 NACTEP grant applications, including 
providing specialized CTE training to Native American students. We 
agree that it is important that there not be a lapse in programming 
provided by NACTEP grantees to CTE students.
    Changes: None.

Waiver of Delayed Effective Date

    The Administrative Procedure Act (APA) requires that a substantive 
rule must be published at least 30 days before its effective date, 
except as otherwise provided for good cause (5 U.S.C. 553(d)(3)). The 
Secretary has determined that a delayed effective date is unnecessary 
and contrary to the public interest. It is unnecessary because all of 
the 85 public comments we received in response to the proposed waiver 
and extension of project period supported our proposal, and we have not 
made any substantive changes to the proposal. It is contrary to the 
public interest because we would not be able to make timely 
continuation awards to the 30 current grantees with the delay. 
Therefore, the Secretary waives the APA's delayed effective date 
provision for good cause.

Regulatory Flexibility Act Certification

    The Secretary certifies that the final 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 final 
waiver and extension are the 30 currently funded NACTEP grantees and 
any other potential applicants. 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 final waiver and extension contains information 
collection requirements approved by the Office of Management and Budget 
(OMB) under control number 1830-0542; this final 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

[[Page 35770]]

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.

    Dated: July 27, 2017.
Kim R. Ford,
Deputy Assistant Secretary for Career, Technical, and Adult Education, 
delegated the duties of the Assistant Secretary for Career, Technical, 
and Adult Education.
[FR Doc. 2017-16182 Filed 7-31-17; 8:45 am]
 BILLING CODE 4000-01-P