[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Rules and Regulations]
[Pages 25682-25685]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11525]
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DEPARTMENT OF EDUCATION
34 CFR Chapter II
[Docket ID: ED-2018-OESE-0122; CFDA Number: 84.356A]
Final Definitions and Requirements--Alaska Native Education (ANE)
Program
AGENCY: Office of Elementary and Secondary Education, Department of
Education.
ACTION: Final definitions and requirements.
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SUMMARY: The Assistant Secretary for Elementary and Secondary Education
(Assistant Secretary) announces definitions and requirements under the
ANE program. The Assistant Secretary may use one or more of these
definitions and requirements for competitions in fiscal year (FY) 2019
and later years. We are establishing these definitions and requirements
to clarify the eligibility requirements for the program, based upon
changes that the Every Student Succeeds Act (ESSA) made to the
Elementary and Secondary Act of 1965 (ESEA).
DATES: These definitions and requirements are effective July 5, 2019.
FOR FURTHER INFORMATION CONTACT: Almita Reed, U.S. Department of
Education, 400 Maryland Avenue SW, Room 3E222, Washington, DC 20202.
Telephone: (202) 260-1979. Email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of the ANE program is to support
innovative projects that recognize and address the unique education
needs of Alaska Natives. These projects must include activities
authorized under section 6304(a)(2) of the ESEA, and may include one or
more activities authorized under section 6304(a)(3) of the ESEA.
Program Authority: Title VI, part C of the ESEA (20 U.S.C. 7541-
7546).
We published a notice of proposed definitions and requirements for
this program (NPP) in the Federal Register on December 27, 2018 (83 FR
66655). That document contained background information and our reasons
for proposing the particular definitions and requirements.
There is one change to the proposed definitions and requirements in
the final definitions and requirements. We are allowing ``experience
operating programs that fulfill the purposes of this part'' to include
experience operating either Federal or non-Federal grants serving
Alaska Natives. In addition, we have clarified the definition of
``official charter or sanction,'' the Group Application Requirement,
and the definition of ``experience operating programs that fulfill the
purposes of the ANE program.''
Public Comment: In response to our invitation in the NPP, two
parties submitted comments on the proposed definitions and
requirements.
[[Page 25683]]
Analysis of Comments: An analysis of the comments and of any
changes in the proposed definitions and requirements since publication
of the NPP follows.
Comment: One commenter noted that education service agencies (ESAs)
play an important role in the implementation of the ESEA. Specifically,
this commenter appeared to request that ESEA section 6304(a)(1)(B)(i)
be modified to include ESAs as one of the entities that could serve as
a required partner for Alaska Native Organizations (ANOs) without
experience operating ANE programs. The commenter recommended a
corresponding change to the Group Application Documentation
requirement, asking that ESAs be added to the list of entities with
whom an ANO may partner.
Discussion: While the Department agrees that ESAs can play an
important role in the implementation of ESEA programs, the Department
cannot modify statutory language. Such a change would require a
legislative change. Similarly, because the Group Application
Documentation requirement is based directly on the statutory list of
required partners, we decline to modify that requirement to add ESAs to
the list of partner entities.
Changes: None.
Comment: None.
Discussion: Upon further review, we realized that language in the
definition of ``official charter or sanction'' and in the Group
Application Requirement was unclear. Both provisions referred to
agreements that must be signed and dated ``within 120 days of the date
of submission of the application.'' This language did not specify
whether the agreements needed to be signed and dated before the
submission of the application or could be signed and dated after the
submission of the application.
Changes: We have changed both the definition of ``official charter
or sanction'' and the Group Application Requirement to provide that the
agreements must be signed and dated within 120 days prior to the date
of submission of the application.
Comment: One commenter proposed that we revise the definition of
``experience operating programs that fulfill the purposes of the ANE
program'' to include programs that are not funded with Federal grants.
Discussion: The Department agrees that recipients of non-Federal
grants operating programs that fulfill the purposes of the ANE program
may have expertise that is relevant to Alaska Native education
programs. The Department acknowledges that the knowledge and skills
required to manage ANE program grants can also be demonstrated with
experience managing non-Department grants. We also believe this change
will result in more diversity among applicants, including novice
applicants.
Changes: We have changed the definition to include eligibility for
entities that have experience managing either Federal or non-Federal
grants.
Comment: None.
Discussion: Upon further review, we realized the definition of
``experience operating programs that fulfill the purposes of the ANE
program'' did not make clear whether the four-year timeframe in the
definition applies to ANE grants or only to other grants that fulfill
the purposes of the ANE program.
Changes: We have modified the definition to clarify that the four-
year timeframe applies to both ANE grants and to other grants focused
on meeting the unique education needs of Alaska Native children and
families in Alaska.
Final Definitions
The Assistant Secretary establishes the following definitions for
the purposes of the ANE program. We may apply one or more of these
definitions in any year in which this program is in effect.
Experience operating programs that fulfill the purposes of the ANE
program means that, within the past four years, the entity has received
and satisfactorily administered, in compliance with applicable terms
and conditions, a grant under the ANE program or another Federal or
non-Federal program that focused on meeting the unique education needs
of Alaska Native children and families in Alaska.
Official charter or sanction means a signed letter or written
agreement from an Alaska Native Tribe or Alaska Native Organization
(ANO) that is dated within 120 days prior to the date of the submission
of the application and expressly (1) authorizes the applicant to
conduct activities authorized under the ANE program and (2) describes
the nature of those activities.
Predominately governed by Alaska Natives means that at least 80
percent of the individuals on the entity's governing board (i.e., the
board elected or appointed to direct the policies of the organization)
are Alaska Natives.
Final Requirements
The Assistant Secretary establishes the following requirements for
the purposes of the ANE program. We may apply one or both of these
requirements in any year in which this program is in effect.
Requirement 1--Group Application Requirement.
An applicant that applies as part of a partnership must meet this
requirement.
(1) An ANO that applies for a grant in partnership with a State
educational agency (SEA) or local educational agency (LEA) must serve
as the fiscal agent for the project.
(2) Group applications under the ANE program must include a
partnership agreement that includes a Memorandum of Understanding or a
Memorandum of Agreement (MOU/MOA) between the members of the
partnership identified and discussed in the grant application. Each
MOU/MOA must--
(i) Be signed by all partners, and dated within 120 days prior to
the date of the submission of the application;
(ii) Clearly outline the work to be completed by each partner that
will participate in the grant in order to accomplish the goals and
objectives of the project; and
(iii) Demonstrate an alignment between the activities, roles, and
responsibilities described in the grant application for each of the
partners in the partnership agreement.
Requirement 2--Applicants Establishing Eligibility through a
Charter or Sanction from an Alaska Native Tribe or ANO.
For an entity that does not meet the eligibility requirements for
an ANO, established in sections 6304-(a)(1) and 6306(2) of the ESEA and
the definitions in this notice, and that seeks to establish eligibility
through a charter or sanction provided by an Alaska Native Tribe or ANO
as required under section 6304(a)(1)(C)(ii) of the ESEA, the following
documentation is required:
(1) Written documentation demonstrating that the entity is
physically located in the State of Alaska.
(2) Written documentation demonstrating that the entity has
experience operating programs that fulfill the purposes of the ANE
program.
(3) Written documentation demonstrating that the entity is
predominately governed by Alaska Natives, including the total number,
names, and Tribal affiliations of members of the governing board.
(4) A copy of the official charter or sanction provided to the
entity by an Alaska Native Tribe or ANO.
This notice does not preclude us from proposing additional
priorities, requirements, definitions, or selection criteria, subject
to meeting applicable rulemaking requirements.
Note: This notice does not solicit applications. In any year in
which we choose
[[Page 25684]]
to use one or more of these definitions and requirements, we invite
applications through a notice in the Federal Register.
Executive Orders 12866, 13563, and 13771 Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive Order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as an ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
This final regulatory action is not a significant regulatory action
subject to review by OMB under section 3(f) of Executive Order 12866.
Under Executive Order 13771, for each new regulation that the
Department proposes for notice and comment, or otherwise promulgates,
that is a significant regulatory action under Executive Order 12866 and
that imposes total costs greater than zero, it must identify two
deregulatory actions. For FY 2019, any new incremental costs associated
with a new regulation must be fully offset by the elimination of
existing costs through deregulatory actions. Because the final
regulatory action is not significant, the requirements of Executive
Order 13771 do not apply.
We have also reviewed this final regulatory action under Executive
Order 13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account--among other things and to the extent practicable--the costs of
cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or provide
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final definitions and requirements only on a
reasoned determination that their benefits would justify their costs.
In choosing among alternative regulatory approaches, we selected those
approaches that would maximize net benefits. Based on the analysis that
follows, the Department believes that this regulatory action is
consistent with the principles in Executive Order 13563.
We also have determined that this final regulatory action would not
unduly interfere with State, local, and Tribal governments in the
exercise of their governmental functions.
In accordance with these Executive orders, the Department has
assessed the potential costs and benefits, both quantitative and
qualitative, of this regulatory action. The potential costs are those
resulting from statutory requirements and those we have determined as
necessary for administering the Department's programs and activities.
Discussion of Costs and Benefits
We have determined that these final definitions and requirements
will impose minimal costs on eligible applicants. Program participation
is voluntary, and the costs imposed on applicants by these definitions
and requirements are limited to paperwork burden related to preparing
an application. The potential benefits of implementing the program
outweighs any costs incurred by applicants, and the costs of actually
carrying out activities associated with the application would be paid
for with program funds. For these reasons, we have determined that the
costs of implementation are not excessively burdensome for eligible
applicants, including small entities.
Paperwork Reduction Act of 1995: These final definitions and
requirements do not contain any information collection requirements.
Regulatory Flexibility Act: The Secretary certifies that this final
regulatory action will not have a significant economic impact on a
substantial number of small entities. The U.S. Small Business
Administration Size Standards define ``small entities'' as for-profit
or nonprofit institutions with total annual revenue below $7,000,000
or, if they are institutions controlled by small governmental
jurisdictions (that are comprised of cities, counties, towns,
townships, villages, school districts, or special districts), with a
population of less than 50,000.
Although some of the ANOs, LEAs, and other entities that receive
ANE program funds qualify as small entities under this definition, the
final definitions and requirements will not have a significant economic
impact on these small entities. The Department believes that the costs
imposed on an applicant by the final definitions and requirements is
limited to the costs related to providing the documentation outlined in
the final definitions and requirements when preparing an application
and that those costs will not be significant. Participation in the ANE
program is voluntary.
Intergovernmental Review: This program is not subject to Executive
Order 12372 and the regulations in 34 CFR part 79.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the program 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. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at:
[[Page 25685]]
www.govinfo.gov. 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 Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at the
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.
Frank T. Brogan,
Assistant Secretary for Elementary and Secondary Education.
[FR Doc. 2019-11525 Filed 6-3-19; 8:45 am]
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