82_FR_5484 82 FR 5473 - Proposed Membership of the Bureau of Indian Education Accountability Negotiated Rulemaking Committee

82 FR 5473 - Proposed Membership of the Bureau of Indian Education Accountability Negotiated Rulemaking Committee

DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs

Federal Register Volume 82, Issue 11 (January 18, 2017)

Page Range5473-5476
FR Document2017-01061

The Secretary of the Interior has selected proposed members to form the Bureau of Indian Education (BIE) Accountability Negotiated Rulemaking Committee (Committee) which will recommend revisions to the existing regulations to implement the Secretary's responsibility to define the standards, assessments, and accountability system for Bureau-funded schools, as required by the Every Student Succeeds Act (ESSA). Representatives were nominated by Tribes whose students attend Bureau-funded schools. After considering nominations, the Secretary proposes to appoint the persons named in this notice as Tribal Committee members. Tribes, Tribal organizations, and individual Tribal members may submit comments on the proposed Tribal Committee membership, apply for Tribal membership on the Committee, or submit other nominations for Tribal membership on the Committee. The Secretary also proposes to appoint Federal representatives to the Committee as listed.

Federal Register, Volume 82 Issue 11 (Wednesday, January 18, 2017)
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Proposed Rules]
[Pages 5473-5476]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-01061]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR 30

[178A2100DD/AAKC001030/A0A501010.999900 253G]


Proposed Membership of the Bureau of Indian Education 
Accountability Negotiated Rulemaking Committee

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed membership of negotiated rulemaking committee; request 
for nominations; and request for comments.

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

SUMMARY: The Secretary of the Interior has selected proposed members to 
form the Bureau of Indian Education (BIE) Accountability Negotiated 
Rulemaking Committee (Committee) which will recommend revisions to the 
existing regulations to implement the Secretary's responsibility to 
define the standards, assessments, and accountability system for 
Bureau-funded schools, as required by the Every Student Succeeds Act 
(ESSA). Representatives were nominated by Tribes whose students attend 
Bureau-funded schools. After considering nominations, the Secretary 
proposes to appoint the persons named in this notice as Tribal 
Committee members. Tribes, Tribal organizations, and individual Tribal 
members may submit comments on the proposed Tribal Committee 
membership, apply for Tribal membership on the Committee, or submit 
other nominations for Tribal membership on the Committee. The Secretary 
also proposes to appoint Federal representatives to the Committee as 
listed.

DATES: Comments on the proposed Tribal members of this Committee must 
be submitted no later than February 17, 2017.

ADDRESSES: Send comments and nominations to the Designated Federal 
Official: Sue Bement, Education Program Specialist, Bureau of Indian 
Education, C/O Office of Regulatory Affairs and Collaborative Action, 
1001 Indian School Road NW., Suite 312, Albuquerque, NM 87104. Or email 
at: [email protected].

FOR FURTHER INFORMATION CONTACT: Sue Bement, Designated Federal 
Official; email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The purpose of the BIE Committee is to serve as an advisory 
committee under the Federal Advisory Committee Act (FACA) and the 
Negotiated Rulemaking Act (NRA) in a manner that:
    (1) Reflects the unique government-to-government relationship 
between American Indian Tribes and the United States;
    (2) Ensures that the membership of the Committee includes only 
representatives of the Federal Government and Tribes; and
    (3) To the extent possible, allots Tribal representation based upon 
the Tribes' proportionate share of the total enrollment in Bureau-
funded schools.
    The Secretary has determined that the proper functioning of the 
Committee requires that the Committee be limited to no more than the 25 
members recommended by the NRA (5 U.S.C. 565). The Secretary has 
selected 19 Tribal representatives and 6 Federal representatives for 
the Committee, for a proposed total of 25 members.
    The Secretary finds that the proposed Tribal representatives for 
the Committee:
    (1) Represent a balance of interests that will be significantly 
affected by the final rules (i.e., parents; teachers; school board 
members; and administrators of Tribal and Tribally operated contract 
day schools, grant day schools, grant boarding schools, and peripheral 
dormitories);
    (2) Proportionately represent students from Tribes served by 
Bureau-funded schools;
    (3) Reflect the different varieties of school size, type of school 
and facility, and geographical location; and

[[Page 5474]]

    (4) Have been selected using a process that considers the nominees' 
experience and expertise in Indian education.

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 of the Secretary of the 
Interior's defined standards, assessments, and accountability system 
for Bureau-funded schools no later than the 2017-2018 academic year. 
The Committee will recommend revisions to the existing regulations (25 
CFR part 30) to replace Adequate Yearly Progress (AYP) regulatory 
language and implement the Secretary's statutory responsibilities. The 
regulations will define the standards, assessments, and accountability 
system, consistent with Section 1111 of the ESEA, for Bureau-funded 
schools on a national, regional, or Tribal basis.
    ESSA Section 8007(2) also provides that if a Tribal governing body 
or school board of a Bureau-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 
must, 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 proposed standards, assessments, and accountability system do not 
meet the requirements of ESEA Section 1111. Additionally, a Tribal 
governing body or school board of a Bureau-funded school seeking a 
waiver may request, and the Secretary of the Interior and the Secretary 
of Education will provide, technical assistance.

Proposed Work of the Committee

    The Committee will attempt to reach consensus on draft regulatory 
language for implementation by the 2017-2018 academic year. The 
objectives of the Committee are to represent the interests that will be 
significantly affected by the final regulations, negotiate in good 
faith, and reach consensus, where possible, on recommendations to the 
Secretary for the proposed regulations.
    The Committee will be charged, consistent with ESSA Section 8007, 
with developing draft regulations to implement the Secretary's 
responsibility to define the standards, assessments, and an 
accountability system, consistent with ESEA Section 1111, for Bureau-
funded schools. The draft regulations will be considered by the 
Secretary and subject to government-to-government consultation. The 
Department must have final regulations for implementation by the 2017-
2018 academic year. As a part of its deliberations, the Committee will 
consider the appropriate scope of the draft regulations, e.g., 
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, and how BIE will implement such 
regulations.
    The BIE encourages Tribal self-determination in Native education, 
by encouraging governing Tribes or school boards to develop alternative 
standards, assessments, and accountability systems, and by providing 
technical assistance. Therefore, the Committee will also be asked to 
provide recommendations on how BIE could best provide technical 
assistance under ESSA Section 8007(2) to Tribes who opt to exercise 
their authority to adopt their own standards, assessments, and an 
accountability system).
    Since the Department must have final regulations in place by the 
2017-2018 academic year, the Committee will be expected to meet 
frequently within a short time frame, i.e., from the time of 
establishment through summer 2017. BIE currently anticipates up to six 
meetings, with each meeting lasting three days in length. The BIE has 
dedicated resources required to: ensure the Committee is able to 
conduct meetings, provide technical assistance, and provide any 
additional support required to fulfill the Committee's 
responsibilities.

Proposed Tribal Committee Members

    On November 9, 2015, the BIE published a notice of intent (80 FR 
69161) requesting comments and nominations for Tribal representatives 
for the 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 (81 FR 22039). 
The BIE further extended the comment period for Tribes to nominate 
individuals for membership on the Committee on August 17, 2016 (81 FR 
54768) with a closing date of October 3, 2016.
    Within each of those notices, the BIE solicited comments on the 
proposal to establish the Committee, including comments on any 
additional interests not identified. Within each of those notices, the 
BIE solicited nominations from Tribes whose students attended Bureau-
funded schools operated either by BIE or by a Tribe or tribal 
organization 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 were grouped together for one seat. BIE asked those Tribes to 
either 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 the 
Secretary will be able to appoint only one of the nominees who will be 
responsible for representing the entire multi-Tribal jurisdiction on 
the Committee. A chart demonstrating the proportionate share of 
students attending Bureau-funded schools can be found in the Federal 
Register at 80 FR 69161, dated November 9, 2015.
    The Secretary of the Interior proposes the following Tribal 
representatives for the BIE Committee, who:
     Have knowledge of school assessments and accountability 
systems;
     Have relevant experiences as past or present 
superintendents, principals, teachers, or school board members, or 
possess direct experience with AYP;
     Are able to coordinate, to the extent possible, with other 
Tribes and schools who may not be represented on the Committee;
     Are able to present 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);
     Are able to negotiate effectively on behalf of the 
Tribe(s) represented;
     Are able to commit the time and effort required to attend 
and prepare for meetings; and
     Are able to collaborate among diverse parties in a 
consensus-seeking process.
    The proposed Committee was selected based upon nominations 
submitted through the process identified in each of the Federal 
Register notices under the ``Nominations'' or ``Submitting 
Nominations'' section. The BIE did not consider nominations that were 
received in any other manner or were

[[Page 5475]]

received after the close of each comment period.
    The Secretary proposes the following Tribal representatives for the 
Committee:

------------------------------------------------------------------------
                                  Proposed committee
     Tribe(s) represented               members           Nominated by
------------------------------------------------------------------------
Navajo Nation (Total seats =    Dr. Tommy Lewis,        Navajo Nation.
 5).                             Superintendent of
                                 Schools, Department
                                 of Din[eacute]
                                 Education.
                                Dr. Kalvin White,
                                 Office of Din[eacute]
                                 School Improvement..
                                Dr. Florinda Jackson,
                                 Office of Din[eacute]
                                 Accountability and
                                 Compliance..
                                Lemual Adson,
                                 Superintendent,
                                 Shonto Preparatory
                                 School.
Sioux Tribes (Total seats = 2)  Charles Cuny, Jr.,      Oglala Sioux
                                 Superintendent,         Tribe.
                                 Little Wound School..
                                Dr. Glori Coats-
                                 Kitsopoulas,
                                 Superintendent,
                                 American Horse School.
Hopi and Pueblo Tribes (Total   E. David Atencio,       Pueblo of
 seats = 1).                     Superintendent,         Laguna.
                                 Laguna Department of
                                 Education.
Chippewa Tribes (Total seats =  Leslie Harper,          Leech Lake Band
 2).                             Executive Assistant,    of Ojibwe.
                                 Leech Lake Band of
                                 Ojibwe Tribal Council.
Gila River, Apache, Etc.        Isaac Salcido,          Gila River
 (Total seats = 1).              Director of Tribal      Indian
                                 Education, Gila River   Community.
                                 Indian Community.
Choctaw (MS) & Cherokee (NC)    Sherry Tubby,           Mississippi Band
 (Total seats = 1).              Exceptional Education   of Choctaw
                                 Coordinator.            Indians.
Other Tribes (Total seats = 4)  Quinton Roman Nose,     Cheyenne Arapaho
                                 Executive Director,     Tribes.
                                 Tribal Education       Cherokee Nation
                                 Departments National    of Oklahoma.
                                 Assembly.              Hopi Tribe.
                                Ron Etheridge, Deputy   Santa Clara
                                 Executive Director      Pueblo.
                                 for the Education
                                 Services at Cherokee
                                 Nation..
                                Alban Naha, Interim
                                 Superintendent, Hopi
                                 Junior-Senior High
                                 School..
                                Michael Dabrieo,
                                 Principal, Kha'p'o
                                 Community School..
------------------------------------------------------------------------

    The Secretary proposes the following alternate Tribal 
representatives for the BIE Committee:

------------------------------------------------------------------------
                                  Proposed alternate
     Tribe(s) represented          committee members      Nominated by
------------------------------------------------------------------------
Chippewa Tribes...............  Jason Schlender,        Lac Courte
                                 Tribal Governing        Oreilles Band
                                 Board Representative    of Lake
                                 and Education Liaison.  Superior
                                                         Chippewa
                                                         Indians.
Choctaw (MS) & Cherokee (NC)..  Lucretia Williams,      Mississippi Band
                                 Project Coordinator,    of Choctaw
                                 Tribal Education        Indians.
                                 Department.
Other Tribes..................  Chuck Hoskin, Chief of  Cherokee Nation
                                 Staff, Cherokee         of Oklahoma.
                                 Nation of Oklahoma.    Hopi Tribe.
                                Rebecca Fred,           Santa Clara
                                 Instructional Coach,    Pueblo.
                                 Moencopi Day School.
                                Paula Gutierrez, Board
                                 President, Kha'p'o
                                 Community School.
------------------------------------------------------------------------

Proposed Federal Committee Members

    The Secretary proposes the following Federal representatives for 
the BIE Committee:

------------------------------------------------------------------------
                  Name                             Affiliation
------------------------------------------------------------------------
Sue Bement.............................  Designated Federal Officer,
                                          Bureau of Indian Education.
Dr. Jeffrey Hamley.....................  Associate Deputy Director,
                                          Division of Performance and
                                          Accountability, Bureau of
                                          Indian Education.
Brian Quint............................  Attorney-Advisor, Office of the
                                          Solicitor.
------------------------------------------------------------------------

    The Secretary proposes the following alternate Federal 
representatives for the BIE Committee:

------------------------------------------------------------------------
                  Name                             Affiliation
------------------------------------------------------------------------
Regina Gilbert.........................  Regulatory Policy Specialist,
                                          Office of Regulatory Affairs
                                          and Collaborative Action.
Jim Hastings...........................  Acting Associate Deputy
                                          Director and Education Program
                                          Administrator, Bureau of
                                          Indian Education.
Brenda Riel............................  Attorney-Advisor, Office of the
                                          Solicitor
------------------------------------------------------------------------

    If you are a Tribe with Bureau-funded schools, an Indian education 
organization, or an interested individual, we invite you to comment on 
the nominations in this notice or to nominate other persons for 
membership on the Committee. The Committee membership should 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 experiences 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 present 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.
    We 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 notice of intent at 80 FR 
69161. We will not consider any nominations that we receive in any 
other manner. We will also not consider nominations for Federal 
representatives. Only the Secretary may nominate Federal employees to 
the Committee.

[[Page 5476]]

    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 and 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. Also include 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);
    (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); and
    (3) 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.
    We will consider only comments and nominations that we receive by 
the close of business Eastern Standard Time on the date listed in the 
DATES section, at the location indicated in the ADDRESSES section. 
Comments received will be available for inspection at the address 
listed above from 8 a.m. to 4 p.m., Monday through Friday, except 
Federal holidays. Before including your address, phone number, email 
address or other personal identifying information in your comment, 
please note that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comments to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.

    Dated: January 11, 2017.
Lawrence S. Roberts,
Principal Deputy Assistant Secretary--Indian Affairs.
[FR Doc. 2017-01061 Filed 1-17-17; 8:45 am]
 BILLING CODE 4337-15-P



                                                                         Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                              5473

                                                       (b) owner maintenance and                            action against an owner of a                           Committee, or submit other nominations
                                                    management charges for the space;                       manufactured home space who fails to                   for Tribal membership on the
                                                       (c) the monthly payments made by the                 fulfill his or her responsibilities under              Committee. The Secretary also proposes
                                                    family to amortize the cost of                          the HCV program? Would a                               to appoint Federal representatives to the
                                                    purchasing the manufactured home,                       manufactured home park owner be                        Committee as listed.
                                                    including any required insurance and                    willing to enter into a contract under                 DATES: Comments on the proposed
                                                    property taxes; and                                     which he or she would receive no direct                Tribal members of this Committee must
                                                       (d) the applicable allowances for                    payment?                                               be submitted no later than February 17,
                                                    tenant paid utilities.                                                                                         2017.
                                                       The monthly payment made by the                      III. Environmental Impact Certification
                                                    family to amortize the cost of                                                                                 ADDRESSES: Send comments and
                                                                                                              A Finding of No Significant Impact
                                                    purchasing the manufactured home is                     (FONSI) with respect to the                            nominations to the Designated Federal
                                                    the debt service established at the time                environment has been made in                           Official: Sue Bement, Education
                                                    of application to a lender for financing                accordance with HUD regulations in 24                  Program Specialist, Bureau of Indian
                                                    the purchase of the manufactured home                   CFR part 50 that implement section                     Education, C/O Office of Regulatory
                                                    if monthly payments are still being                     102(2)(C) of the National Environmental                Affairs and Collaborative Action, 1001
                                                    made. Any increase in debt service due                  Policy Act of 1969 (42 U.S.C.                          Indian School Road NW., Suite 312,
                                                    to refinancing after purchase of the                    4332(2)(C)). The FONSI is available for                Albuquerque, NM 87104. Or email at:
                                                    home may not be included in the                         public inspection on                                   BIEcomments@bia.gov.
                                                    amortization cost. Debt service for set-                www.regulations.gov.                                   FOR FURTHER INFORMATION CONTACT: Sue
                                                    up charges incurred by a family may be                                                                         Bement, Designated Federal Official;
                                                                                                              Dated: January 10, 2017.
                                                    included in the monthly amortization                                                                           email BIEcomments@bia.gov.
                                                                                                            Nani Coloretti,
                                                    payments made by the family. In                                                                                SUPPLEMENTARY INFORMATION:
                                                    addition, set-up charges incurred before                Deputy Secretary.
                                                    the family became an assisted family                    [FR Doc. 2017–00911 Filed 1–17–17; 8:45 am]            Background
                                                    may be included in the amortization                     BILLING CODE 4210–67–P
                                                                                                                                                                      The purpose of the BIE Committee is
                                                    cost if monthly payments are still being                                                                       to serve as an advisory committee under
                                                    made to amortize the charges.                                                                                  the Federal Advisory Committee Act
                                                       The total amount for the rent of the                 DEPARTMENT OF THE INTERIOR                             (FACA) and the Negotiated Rulemaking
                                                    manufactured home space and the other                                                                          Act (NRA) in a manner that:
                                                    eligible expenses is reported in PIC on                 Bureau of Indian Affairs                                  (1) Reflects the unique government-to-
                                                    the HUD–50058 on line 12k, even                                                                                government relationship between
                                                    though it includes amounts in addition                  25 CFR 30                                              American Indian Tribes and the United
                                                    to the total monthly rent payable to the                [178A2100DD/AAKC001030/                                States;
                                                    owner under the lease for the contract                  A0A501010.999900 253G]                                    (2) Ensures that the membership of
                                                    unit.                                                                                                          the Committee includes only
                                                       The utility allowances are the                       Proposed Membership of the Bureau                      representatives of the Federal
                                                    applicable utility allowances from the                  of Indian Education Accountability                     Government and Tribes; and
                                                    PHA utility allowance schedule under                    Negotiated Rulemaking Committee                           (3) To the extent possible, allots
                                                    24 CFR 982.517 and 982.624.
                                                                                                            AGENCY:   Bureau of Indian Affairs,                    Tribal representation based upon the
                                                       If the amount of the monthly
                                                                                                            Interior.                                              Tribes’ proportionate share of the total
                                                    assistance payment for a family exceeds
                                                                                                            ACTION: Proposed membership of
                                                                                                                                                                   enrollment in Bureau-funded schools.
                                                    the monthly rent for the manufactured
                                                    home space (including the owner’s                       negotiated rulemaking committee;                          The Secretary has determined that the
                                                    monthly management and maintenance                      request for nominations; and request for               proper functioning of the Committee
                                                    charges), the PHA may pay the                           comments.                                              requires that the Committee be limited
                                                    remainder to the family, lender or utility                                                                     to no more than the 25 members
                                                    company.                                                SUMMARY:   The Secretary of the Interior               recommended by the NRA (5 U.S.C.
                                                       HOTMA further provides that the                      has selected proposed members to form                  565). The Secretary has selected 19
                                                    PHA may choose to make a single                         the Bureau of Indian Education (BIE)                   Tribal representatives and 6 Federal
                                                    payment to the family for the entire                    Accountability Negotiated Rulemaking                   representatives for the Committee, for a
                                                    monthly assistance amount rather than                   Committee (Committee) which will                       proposed total of 25 members.
                                                    making the HAP directly to the owner                    recommend revisions to the existing                       The Secretary finds that the proposed
                                                    of the manufactured home space the                      regulations to implement the Secretary’s               Tribal representatives for the
                                                    family is renting. HUD is not                           responsibility to define the standards,                Committee:
                                                    implementing this option at this time                   assessments, and accountability system                    (1) Represent a balance of interests
                                                    but is seeking comment on how to best                   for Bureau-funded schools, as required                 that will be significantly affected by the
                                                    implement this option, including how                    by the Every Student Succeeds Act                      final rules (i.e., parents; teachers; school
                                                    to best ensure the PHA may still take                   (ESSA). Representatives were                           board members; and administrators of
                                                    enforcement action when necessary                       nominated by Tribes whose students                     Tribal and Tribally operated contract
                                                    against an owner who fails to fulfill his               attend Bureau-funded schools. After                    day schools, grant day schools, grant
mstockstill on DSK3G9T082PROD with PROPOSALS




                                                    or her responsibilities under the HCV                   considering nominations, the Secretary                 boarding schools, and peripheral
                                                    program.                                                proposes to appoint the persons named                  dormitories);
                                                                                                            in this notice as Tribal Committee                        (2) Proportionately represent students
                                                    Question for Comment                                    members. Tribes, Tribal organizations,                 from Tribes served by Bureau-funded
                                                       When implementing the option to                      and individual Tribal members may                      schools;
                                                    allow the PHA to make a single HAP                      submit comments on the proposed                           (3) Reflect the different varieties of
                                                    directly to the family, how would HUD                   Tribal Committee membership, apply                     school size, type of school and facility,
                                                    ensure that a PHA take enforcement                      for Tribal membership on the                           and geographical location; and


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                                                    5474                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                      (4) Have been selected using a process                recommendations to the Secretary for                   (81 FR 54768) with a closing date of
                                                    that considers the nominees’ experience                 the proposed regulations.                              October 3, 2016.
                                                    and expertise in Indian education.                        The Committee will be charged,                          Within each of those notices, the BIE
                                                                                                            consistent with ESSA Section 8007,                     solicited comments on the proposal to
                                                    Every Student Succeeds Act (ESSA)                       with developing draft regulations to                   establish the Committee, including
                                                       The ESSA reauthorizes and amends                     implement the Secretary’s responsibility               comments on any additional interests
                                                    the Elementary and Secondary                            to define the standards, assessments,                  not identified. Within each of those
                                                    Education Act of 1965 (ESEA). ESSA                      and an accountability system, consistent               notices, the BIE solicited nominations
                                                    Section 8007(2) directs the Secretary of                with ESEA Section 1111, for Bureau-                    from Tribes whose students attended
                                                    the Interior, in consultation with the                  funded schools. The draft regulations                  Bureau-funded schools operated either
                                                    Secretary of Education, if so requested,                will be considered by the Secretary and                by BIE or by a Tribe or tribal
                                                    to use a negotiated rulemaking process                  subject to government-to-government                    organization through a contract or grant,
                                                    to develop regulations for                              consultation. The Department must                      to nominate Tribal representatives to
                                                    implementation of the Secretary of the                  have final regulations for                             serve on the Committee and Tribal
                                                    Interior’s defined standards,                           implementation by the 2017–2018                        alternates to serve when the
                                                    assessments, and accountability system                  academic year. As a part of its                        representative is unavailable. Based
                                                    for Bureau-funded schools no later than                 deliberations, the Committee will                      upon the proportionate share of
                                                    the 2017–2018 academic year. The                        consider the appropriate scope of the                  students, some Tribes similar in
                                                    Committee will recommend revisions to                   draft regulations, e.g., national, regional,           affiliation or geography were grouped
                                                    the existing regulations (25 CFR part 30)               or Tribal basis, as appropriate, taking                together for one seat. BIE asked those
                                                    to replace Adequate Yearly Progress                     into account the unique circumstances                  Tribes to either co-nominate a single
                                                    (AYP) regulatory language and                           and needs of such schools and the                      Tribal representative to represent the
                                                    implement the Secretary’s statutory                     students served by such schools, and                   multi-tribal jurisdiction or for each
                                                    responsibilities. The regulations will                  how BIE will implement such                            Tribe in the multi-Tribal jurisdiction to
                                                    define the standards, assessments, and                  regulations.                                           nominate a representative with the
                                                    accountability system, consistent with                    The BIE encourages Tribal self-                      knowledge that the Secretary will be
                                                    Section 1111 of the ESEA, for Bureau-                   determination in Native education, by                  able to appoint only one of the
                                                                                                            encouraging governing Tribes or school                 nominees who will be responsible for
                                                    funded schools on a national, regional,
                                                                                                            boards to develop alternative standards,               representing the entire multi-Tribal
                                                    or Tribal basis.
                                                                                                            assessments, and accountability                        jurisdiction on the Committee. A chart
                                                       ESSA Section 8007(2) also provides                   systems, and by providing technical
                                                    that if a Tribal governing body or school                                                                      demonstrating the proportionate share
                                                                                                            assistance. Therefore, the Committee                   of students attending Bureau-funded
                                                    board of a Bureau-funded school                         will also be asked to provide
                                                    determines the requirements established                                                                        schools can be found in the Federal
                                                                                                            recommendations on how BIE could                       Register at 80 FR 69161, dated
                                                    by the Secretary of the Interior are                    best provide technical assistance under
                                                    inappropriate, they may waive, in part                                                                         November 9, 2015.
                                                                                                            ESSA Section 8007(2) to Tribes who opt                    The Secretary of the Interior proposes
                                                    or in whole, such requirements. Where                   to exercise their authority to adopt their
                                                    such requirements are waived, the                                                                              the following Tribal representatives for
                                                                                                            own standards, assessments, and an                     the BIE Committee, who:
                                                    Tribal governing body or school board                   accountability system).
                                                    must, within 60 days, submit to the                                                                               • Have knowledge of school
                                                                                                              Since the Department must have final                 assessments and accountability systems;
                                                    Secretary of the Interior a proposal for                regulations in place by the 2017–2018                     • Have relevant experiences as past or
                                                    alternative standards, assessments, and                 academic year, the Committee will be                   present superintendents, principals,
                                                    an accountability system, if applicable,                expected to meet frequently within a                   teachers, or school board members, or
                                                    consistent with ESEA Section 1111. The                  short time frame, i.e., from the time of               possess direct experience with AYP;
                                                    proposal must take into account the                     establishment through summer 2017.                        • Are able to coordinate, to the extent
                                                    unique circumstances and needs of the                   BIE currently anticipates up to six                    possible, with other Tribes and schools
                                                    school or schools and the students                      meetings, with each meeting lasting                    who may not be represented on the
                                                    served. The proposal will be approved                   three days in length. The BIE has                      Committee;
                                                    by the Secretary of the Interior and the                dedicated resources required to: ensure                   • Are able to present the Tribe(s) with
                                                    Secretary of Education, unless the                      the Committee is able to conduct                       the authority to embody Tribal views,
                                                    proposed standards, assessments, and                    meetings, provide technical assistance,                communicate with Tribal constituents,
                                                    accountability system do not meet the                   and provide any additional support                     and have a clear means to reach
                                                    requirements of ESEA Section 1111.                      required to fulfill the Committee’s                    agreement on behalf of the Tribe(s);
                                                    Additionally, a Tribal governing body or                responsibilities.                                         • Are able to negotiate effectively on
                                                    school board of a Bureau-funded school                                                                         behalf of the Tribe(s) represented;
                                                                                                            Proposed Tribal Committee Members
                                                    seeking a waiver may request, and the                                                                             • Are able to commit the time and
                                                    Secretary of the Interior and the                         On November 9, 2015, the BIE                         effort required to attend and prepare for
                                                    Secretary of Education will provide,                    published a notice of intent (80 FR                    meetings; and
                                                    technical assistance.                                   69161) requesting comments and                            • Are able to collaborate among
                                                                                                            nominations for Tribal representatives                 diverse parties in a consensus-seeking
                                                    Proposed Work of the Committee
                                                                                                            for the Committee. The comment period                  process.
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                                                       The Committee will attempt to reach                  for that notice of intent closed December                 The proposed Committee was selected
                                                    consensus on draft regulatory language                  24, 2015. On April 14, 2016, the BIE                   based upon nominations submitted
                                                    for implementation by the 2017–2018                     reopened the comment and nomination                    through the process identified in each of
                                                    academic year. The objectives of the                    period with a new deadline of May 31,                  the Federal Register notices under the
                                                    Committee are to represent the interests                2016 (81 FR 22039). The BIE further                    ‘‘Nominations’’ or ‘‘Submitting
                                                    that will be significantly affected by the              extended the comment period for Tribes                 Nominations’’ section. The BIE did not
                                                    final regulations, negotiate in good faith,             to nominate individuals for membership                 consider nominations that were
                                                    and reach consensus, where possible, on                 on the Committee on August 17, 2016                    received in any other manner or were


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                                                                              Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules                                                     5475

                                                    received after the close of each comment                          The Secretary proposes the following
                                                    period.                                                         Tribal representatives for the
                                                                                                                    Committee:

                                                              Tribe(s) represented                                            Proposed committee members                                            Nominated by

                                                    Navajo Nation (Total seats = 5) ......              Dr. Tommy Lewis, Superintendent of Schools, Department of Diné                   Navajo Nation.
                                                                                                          Education.
                                                                                                        Dr. Kalvin White, Office of Diné School Improvement.
                                                                                                        Dr. Florinda Jackson, Office of Diné Accountability and Compliance.
                                                                                                        Lemual Adson, Superintendent, Shonto Preparatory School
                                                    Sioux Tribes (Total seats = 2) ........             Charles Cuny, Jr., Superintendent, Little Wound School. .....................     Oglala Sioux Tribe.
                                                                                                        Dr. Glori Coats-Kitsopoulas, Superintendent, American Horse School
                                                    Hopi and Pueblo Tribes (Total                       E. David Atencio, Superintendent, Laguna Department of Education ..               Pueblo of Laguna.
                                                      seats = 1).
                                                    Chippewa Tribes (Total seats = 2)                   Leslie Harper, Executive Assistant, Leech Lake Band of Ojibwe Tribal              Leech Lake Band of Ojibwe.
                                                                                                          Council.
                                                    Gila River, Apache, Etc. (Total                     Isaac Salcido, Director of Tribal Education, Gila River Indian Commu-             Gila River Indian Community.
                                                      seats = 1).                                         nity.
                                                    Choctaw (MS) & Cherokee (NC)                        Sherry Tubby, Exceptional Education Coordinator ...............................   Mississippi Band of Choctaw Indi-
                                                      (Total seats = 1).                                                                                                                    ans.
                                                    Other Tribes (Total seats = 4) ........             Quinton Roman Nose, Executive Director, Tribal Education Depart-                  Cheyenne Arapaho Tribes.
                                                                                                          ments National Assembly.                                                        Cherokee Nation of Oklahoma.
                                                                                                        Ron Etheridge, Deputy Executive Director for the Education Services               Hopi Tribe.
                                                                                                          at Cherokee Nation.                                                             Santa Clara Pueblo.
                                                                                                        Alban Naha, Interim Superintendent, Hopi Junior-Senior High School.
                                                                                                        Michael Dabrieo, Principal, Kha’p’o Community School. ......................



                                                       The Secretary proposes the following
                                                    alternate Tribal representatives for the
                                                    BIE Committee:

                                                              Tribe(s) represented                                       Proposed alternate committee members                                       Nominated by

                                                    Chippewa Tribes .............................       Jason Schlender, Tribal Governing Board Representative and Edu-                   Lac Courte Oreilles Band of Lake
                                                                                                          cation Liaison.                                                                   Superior Chippewa Indians.
                                                    Choctaw (MS) & Cherokee (NC) ....                   Lucretia Williams, Project Coordinator, Tribal Education Department ..            Mississippi Band of Choctaw Indi-
                                                                                                                                                                                            ans.
                                                    Other Tribes ....................................   Chuck Hoskin, Chief of Staff, Cherokee Nation of Oklahoma ..............          Cherokee Nation of Oklahoma.
                                                                                                        Rebecca Fred, Instructional Coach, Moencopi Day School .................          Hopi Tribe.
                                                                                                        Paula Gutierrez, Board President, Kha’p’o Community School ............           Santa Clara Pueblo.



                                                    Proposed Federal Committee Members                                   Name                      Affiliation              who may not be represented on the
                                                                                                                                                                            Committee;
                                                      The Secretary proposes the following                          Jim Hastings ..     Acting Associate Deputy Di-            • Be able to present the Tribe(s) with
                                                    Federal representatives for the BIE                                                   rector and Education Pro-         the authority to embody Tribal views,
                                                    Committee:                                                                            gram Administrator, Bu-
                                                                                                                                                                            communicate with Tribal constituents,
                                                                                                                                          reau of Indian Education.
                                                                                                                    Brenda Riel ....    Attorney-Advisor, Office of         and have a clear means to reach
                                                          Name                           Affiliation
                                                                                                                                          the Solicitor                     agreement on behalf of the Tribe(s);
                                                    Sue Bement ...         Designated Federal Officer,                                                                         • Be able to negotiate effectively on
                                                                             Bureau of Indian Edu-                    If you are a Tribe with Bureau-funded                 behalf of the Tribe(s) represented;
                                                                             cation.                                schools, an Indian education                               • Be able to commit the time and
                                                    Dr. Jeffrey            Associate Deputy Director,               organization, or an interested                          effort required to attend and prepare for
                                                      Hamley.                Division of Performance                individual, we invite you to comment                    meetings; and
                                                                             and Accountability, Bureau             on the nominations in this notice or to
                                                                             of Indian Education.                                                                              • Be able to collaborate among
                                                                                                                    nominate other persons for membership
                                                    Brian Quint .....      Attorney-Advisor, Office of                                                                      diverse parties in a consensus-seeking
                                                                                                                    on the Committee. The Committee
                                                                             the Solicitor.                         membership should reflect the diversity                 process.
                                                                                                                    of Tribal interests, and Tribes should                     We will consider nominations for
                                                       The Secretary proposes the following                         nominate representatives and alternates                 Tribal committee representatives only if
                                                                                                                    who will:                                               they are nominated through the process
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                                                    alternate Federal representatives for the
                                                    BIE Committee:                                                    • Have knowledge of school                            identified in this notice of intent and in
                                                                                                                    assessments and accountability systems;                 the Federal Register notice of intent at
                                                          Name                           Affiliation                  • Have relevant experiences as past or                80 FR 69161. We will not consider any
                                                                                                                    present superintendents, principals,                    nominations that we receive in any
                                                    Regina Gilbert         Regulatory Policy Specialist,            teachers, or school board members, or                   other manner. We will also not consider
                                                                            Office of Regulatory Af-                possess direct experience with AYP;                     nominations for Federal representatives.
                                                                            fairs and Collaborative Ac-               • Be able to coordinate, to the extent                Only the Secretary may nominate
                                                                            tion.                                   possible, with other Tribes and schools                 Federal employees to the Committee.


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                                                    5476                 Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Proposed Rules

                                                       Nominations must include the                         DEPARTMENT OF THE TREASURY                             List of Subjects in 26 CFR Part 1
                                                    following information about each                                                                                 Income taxes, Reporting and
                                                    nominee:                                                Internal Revenue Service
                                                                                                                                                                   recordkeeping requirements.
                                                       (1) A letter from the Tribe supporting
                                                                                                            26 CFR Part 1                                          Partial Withdrawal of a Notice of
                                                    the nomination of the individual to                                                                            Proposed Rulemaking
                                                    serve as a Tribal representative for the                [REG–135734–14]
                                                    Committee and a statement on whether                                                                             Accordingly, under the authority of
                                                                                                            RIN 1545–BM45
                                                    the nominee is only representing one                                                                           26 U.S.C. 7805, §§ 1.7874–7(c)(2) and
                                                    Tribe’s views, or whether the                           Rules Regarding Inversions and                         (h) and 1.7874–10(d)(2) and (i) of the
                                                    expectation is that the nominee                         Related Transactions; Partial                          notice of proposed rulemaking (REG–
                                                    represents a specific group of Tribes.                  Withdrawal of Notice of Proposed                       135734–14) published in the Federal
                                                    Also include the Tribal interest(s) to be               Rulemaking                                             Register on April 8, 2016 (81 FR 20588)
                                                                                                                                                                   are withdrawn.
                                                    represented by the nominee (see Section                 AGENCY:  Internal Revenue Service (IRS),
                                                    IV, Part F of Federal Register notice of                Treasury.                                              John Dalrymple,
                                                    intent at 80 FR 69161);                                 ACTION: Partial withdrawal of notice of
                                                                                                                                                                   Deputy Commissioner for Services and
                                                       (2) A resume reflecting the nominee’s                                                                       Enforcement.
                                                                                                            proposed rulemaking.
                                                    qualifications and experience in Indian                                                                        [FR Doc. 2017–00636 Filed 1–13–17; 4:15 pm]
                                                    education; resume to include the                        SUMMARY:   This document withdraws                     BILLING CODE 4830–01–P

                                                    nominee’s name, Tribal affiliation, job                 portions of a notice of proposed
                                                    title, major job duties, employer,                      rulemaking (REG–135734–14) published
                                                                                                            on April 8, 2016, in the Federal Register              DEPARTMENT OF THE TREASURY
                                                    business address, business telephone,
                                                                                                            (81 FR 20588). The withdrawn portions
                                                    and fax numbers (and business email                                                                            Internal Revenue Service
                                                                                                            relate to exceptions to general rules
                                                    address, if applicable); and
                                                                                                            addressing certain transactions that are
                                                       (3) A brief description of how the                   structured to avoid the purposes of                    26 CFR Part 1
                                                    nominee will represent Tribal views,                    section 7874 of the Internal Revenue                   [REG–135734–14]
                                                    communicate with Tribal constituents,                   Code (Code).
                                                                                                                                                                   RIN 1545–BM45
                                                    and have a clear means to reach                         DATES: Portions of the proposed rules
                                                    agreement on behalf of the Tribe(s) they                published on April 8, 2016, in the                     Rules Regarding Inversions and
                                                    are representing.                                       Federal Register (81 FR 20588) are                     Related Transactions; Notice of
                                                       We will consider only comments and                   withdrawn as of January 18, 2017.                      Proposed Rulemaking by Cross-
                                                    nominations that we receive by the                      FOR FURTHER INFORMATION CONTACT:                       Reference to Temporary Regulations
                                                    close of business Eastern Standard Time                 Joshua G. Rabon, (202) 317–6937.
                                                                                                                                                                   AGENCY:  Internal Revenue Service (IRS),
                                                    on the date listed in the DATES section,                SUPPLEMENTARY INFORMATION:
                                                                                                                                                                   Treasury.
                                                    at the location indicated in the                        Background                                             ACTION: Notice of proposed rulemaking
                                                    ADDRESSES section. Comments received
                                                                                                               On April 8, 2016, the Department of                 by cross-reference to temporary
                                                    will be available for inspection at the
                                                                                                            the Treasury (Treasury Department) and                 regulations.
                                                    address listed above from 8 a.m. to 4
                                                    p.m., Monday through Friday, except                     the IRS published in the Federal
                                                                                                            Register (81 FR 20588) proposed                        SUMMARY:   In the Rules and Regulations
                                                    Federal holidays. Before including your                                                                        section of this issue of the Federal
                                                                                                            regulations (REG–135734–14), including
                                                    address, phone number, email address                                                                           Register, the Department of the Treasury
                                                                                                            in §§ 1.7874–7 and 1.7874–10, that
                                                    or other personal identifying                                                                                  (Treasury Department) and the IRS are
                                                                                                            address certain transactions that are
                                                    information in your comment, please                     structured to avoid the purposes of                    amending portions of temporary
                                                    note that your entire comment—                          section 7874 of the Code. The                          regulations that address certain
                                                    including your personal identifying                     regulations were proposed by cross-                    transactions that are structured to avoid
                                                    information—may be made publicly                        reference to temporary regulations (TD                 the purposes of section 7874 of the
                                                    available at any time. While you can ask                9761) in the same issue of the Federal                 Internal Revenue Code (Code). The
                                                    us in your comments to withhold your                    Register (81 FR 20858). In the Rules and               temporary regulations affect certain
                                                    personal identifying information from                   Regulations section of this issue of the               domestic corporations and domestic
                                                    public review, we cannot guarantee that                 Federal Register, the Treasury                         partnerships whose assets are directly or
                                                    we will be able to do so.                               Department and the IRS are amending                    indirectly acquired by a foreign
                                                                                                            certain aspects of the temporary                       corporation and certain persons related
                                                      Dated: January 11, 2017.                                                                                     to such domestic corporations and
                                                    Lawrence S. Roberts,
                                                                                                            regulations in §§ 1.7874–7T and 1.7874–
                                                                                                            10T. Accordingly, the Treasury                         domestic partnerships. The text of the
                                                    Principal Deputy Assistant Secretary—Indian             Department and the IRS are issuing a                   temporary regulations in the Rules and
                                                    Affairs.
                                                                                                            notice of proposed rulemaking in the                   Regulations section of this issue of the
                                                    [FR Doc. 2017–01061 Filed 1–17–17; 8:45 am]             Proposed Rules section of this issue of                Federal Register also serves as the text
                                                    BILLING CODE 4337–15–P                                  the Federal Register that proposes rules               of these proposed regulations.
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                                                                                                            in §§ 1.7874–7 and 1.7874–10 by cross-                 DATES: Written or electronic comments
                                                                                                            reference to the amended temporary                     and requests for a public hearing must
                                                                                                            regulations. This document withdraws                   be received by April 18, 2017.
                                                                                                            the previously proposed regulations that               ADDRESSES: Send submissions to:
                                                                                                            are replaced by the notice of proposed                 CC:PA:LPD:PR (REG–135734–14), Room
                                                                                                            rulemaking in the Proposed Rules                       5203, Internal Revenue Service, P.O.
                                                                                                            section of this issue of the Federal                   Box 7604, Ben Franklin Station,
                                                                                                            Register.                                              Washington, DC 20224. Submissions


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Document Created: 2018-02-01 15:18:53
Document Modified: 2018-02-01 15:18:53
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
ActionProposed membership of negotiated rulemaking committee; request for nominations; and request for comments.
DatesComments on the proposed Tribal members of this Committee must be submitted no later than February 17, 2017.
ContactSue Bement, Designated Federal Official; email [email protected]
FR Citation82 FR 5473 

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