Tribal Consultation of Indian Education Topics

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

Tribal Consultation of Indian Education Topics

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final Notice of Johnson O'Malley Program Issues.

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SUMMARY: Notice is hereby given that the Bureau of Indian Affairs (BIA)

has determined that Method B (as described in the Federal Register

notice of August 3, 1995, and below) will be utilized in the

distribution of Johnson O'Malley (JOM) program funds beginning in FY

1996. This decision was based upon comments received during the comment

period of August 3, 1995, through August 25, 1995, and comments

received through the Bureau's tribal consultation process. The August,

1995, comments were in response to the Federal Register notice of

August 3, 1995, same subject as above. There were 269 comments received

as a direct result of the Federal Register notice. Ninety percent

favored Method B as the method by which JOM funds should be

distributed. Two percent of the comments submitted favored Method A and

eight percent of the comments suggested alternative methods of

distribution, primarily modified forms of Method B.

Beginning in FY 1996, Method B will include the following steps:

1. Identification of the number of JOM students served by all JOM

contractors in FY 1995.

2. Using the FY 1995 distribution method, identify the amount of

JOM funds each prime tribal JOM contractor receives to establish a base

for each tribe.

3. Identification of the amount of JOM funds each prime non-tribal

JOM contractor (States, public school districts and tribal

organizations) receives.

4. Add another line item in budget, Special Programs and Pooled

Overhead category, entitled ``Non-tribal JOM Contractors''.

5. Place the proportionate share of JOM funds that are provided to

tribes, as prime tribal JOM Contractors, for all JOM students served

into each tribes' line item under the TPA.

6. Place the proportionate share of JOM funds that are provided to

States, public school districts and tribal organizations, as prime JOM

Contractors, for all JOM students served into the non-Tribal JOM

contractor line item under the Special Projects and Pooled Overhead

category.

FOR FURTHER INFORMATION CONTACT: Charles Geboe or Garry Martin at the

following address: Department of Interior, Bureau of Indian Affairs,

Office of Indian Education Programs, MS-3512-MIB, 1849 C St. NW,

Washington, D.C. 20240, or call (202) 219-1127.

SUPPLEMENTARY INFORMATION: The publication of this notice is to

finalize consultation meetings dealing with JOM that have been

conducted by the BIA since 1990. The purpose of consultation, as

required by 25 U.S.C. 2010(b), is to provide Indian tribes, school

boards, parents, Indian organizations and other interested parties with

an opportunity to comment on potential issues raised during previous

consultation meetings or being considered by the BIA regarding Indian

education programs. Both the House and Senate Reports accompanying the

BIA's FY 1995 appropriation act transferred the JOM program from the

``other recurring programs'' account to the ``TPA'' account in the

BIA's budget. Senate Report No. 103-294 stated that a portion of the

JOM funds may be transferred to the Special Programs and Pooled

Overhead category where such funding is not under tribal contracts

i.e., states, public school districts and tribal organizations. House

Report No. 103-551 required the BIA to consult with tribes on the

development of a method of determining each tribe's portion of the JOM

program and to publish such proposed methods in the Federal Register

prior to finalizing such a distribution method.

Dated: October 6, 1995.

Ada E. Deer,

Assistant Secretary, Indian Affairs.

[FR Doc. 95-25810 Filed 10-17-95; 8:45 am]

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