Adult Education Program

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 46

Adult Education Program

RIN 1076-AA15

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (BIA) is publishing regulations

to establish procedures for the operation of BIA's Adult Education

Program.

The final rule establishes administrative procedures which will

provide reporting uniformity and compliance with legislative management

policies.

EFFECTIVE DATE: September 18, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Garry R. Martin, Bureau of Indian

Affairs, Office of Indian Education Programs, Branch of Post-Secondary

Education, 1849 C Street, NW, MS-3512-MIB, Washington, D.C. 20240,

Phone (202) 208-3478.

SUPPLEMENTARY INFORMATION: On December 30, 1987, the BIA published

proposed Adult Education Program rules in the Federal Register. In view

of the considerable passage of time since that publication, the rule

was reproposed and reprinted in the Federal Register on August 25,

1994.

In accordance with the 1987 publication, the BIA in January, 1991

conducted consultation meetings with tribes, parents, school boards,

and other interested parties concerning the Adult Education Program

regulations. Oral testimony and written statements were received in the

Office of Indian Education Programs until February 26, 1991. All

comments, objections, and suggested changes received in response to the

1987 Federal Register publication and the 1991 consultation meetings

were considered in reproposing the rule. All BIA Area Offices, tribal

leaders, and tribal offices were notified regarding the August 25,

1994, publication of the

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proposed rule in the Federal Register and dates of the open comment

period. Announcement of the publication of the proposed rule and

closing date for the comment period was also made at a national State/

Tribal Adult Education Symposium which was held in St. Paul, Minnesota,

on October 12-14, 1994. Two public memoranda were received within the

time frame of the open comment period. One memorandum which followed

the format of a press release addressed primary information informing a

general tribal constituency of the publication of the proposed rule in

the Federal Register on August 25, 1994; provided the amount of the FY

1994 BIA appropriation for adult education; and provided the deadline

date for receipt of public comments (November 23, 1994). A second

memorandum addressed an eligible activity, in Sec. 46.10(b) of this

Part which reads: ``Funds should not be used to support programs

designed solely to prepare Indian adults to enter a specific occupation

or cluster of closely related occupations.'' Concern focused on the

purpose of this activity not being clear. This Part is directed toward

defining adult education as adult basic education and literacy

education without focusing on educational areas which require a long-

term emphasis. Adult education should not be regarded as continuing

education to achieve more specialization to remain current in an

educational subject/field or any other kind of specialized education

that is normally received through formal post-secondary education. In

addition, numerous phone calls were received regarding BIA's funding

levels for adult education. Many callers wanted to know if the BIA was

announcing new funding resources or if additional monies had been

appropriated for the BIA's Adult Education Program. BIA told these

callers that the proposed rule did not reflect new or additional funds.

The eligibility definition of Indian students participating in BIA

elementary/secondary programs is contained within 25 U.S.C. Section

2008(f)(1). In this section ``eligible Indian student'' means a student

who is a member of or is at least a \1/4\ degree Indian blood

descendant of a member of an Indian tribe which is eligible for the

special programs and services provided by the United States through the

Bureau of Indian Affairs to Indians because of their status as Indians.

In this rule, the BIA has decided to use that same definition for

purposes of defining eligibility for adult education. The controlling

factors in determining to use this definition were continuity and

consistency for all of the Bureau educational services.

The definition of ``Adult'' has been expanded to negate any

duplication of services to participants who may meet the definition of

``adult'' but may fall within an age category that could receive

services as a secondary school student and be eligible also to receive

services through an adult education program.

The definition of Adult Education Office has been expanded to

identify Tribal Priority Allocation (TPA). TPA is the system by which

the tribes prioritize their Adult Education Program funding, from the

BIA.

Information collection requirements contained in this Part have

been approved by the Office of Management and Budget under 44 U.S.C.

3501 et seq. and assigned clearance number 1076-0120.

This rule is a significant rule under Executive Order 12866 and has

been reviewed by the Office of Management and Budget.

The Department of the Interior has determined that this final rule

does not constitute a major federal action significantly affecting the

quality of the human environment and no detailed statement was required

pursuant to the National Environmental Policy Act of 1969. This rule

has been reviewed under Executive Order 12866.

This rule will not have a significant economic impact on a

substantial number of small entities under the Regulatory Flexibility

Act (5 U.S.C. 601 et seq.). These regulations will affect only the

delivery of adult education services to eligible individual Indian

adults. They will not have an impact on small entities as defined in

the Act.

The Department has certified to the Office of Management and Budget

that these proposed regulations meet the applicable standards provided

in sections 3(a) and 3(b)(2) of Executive Order 12988.

In accordance with Executive Order 12630, the Department has

determined that this rule does not have significant takings

implications.

The Department has determined that this rule does not have

significant federalism effects.

The primary author of this document is Garry R. Martin, Branch of

Post-Secondary Education, Office of Indian Education Programs, Bureau

of Indian Affairs, Washington, D.C.

List of Subjects in 25 CFR Part 46

Adult education, Education, Indians--education.

For the reasons set out in the preamble, a new part 46 is added to

subchapter E of chapter I, title 25 of the Code of Federal Regulations

as set forth below.

PART 46--ADULT EDUCATION PROGRAM

Subpart A--General Provisions

Sec.

46.1 Purpose and scope.

46.2 Definitions.

46.3 Information collection.

46.10 Eligible activities.

46.20 Program requirements.

46.30 Records and reporting requirements.

Subpart B--[Reserved]

Authority: 43 U.S.C. 1457; 25 U.S.C. 2, 9, 13.

Subpart A--General Provisions

Sec. 46.1 Purpose and scope.

The purpose of the Adult Education Program is to:

(a) Improve educational opportunities for Indian adults who lack

the level of literacy skills necessary for effective citizenship and

productive employment;

(b) Expand and improve existing programs for delivering adult

education services, including delivery of these services to

educationally disadvantaged Indian adults; and

(c) Encourage the establishment of adult education programs that

will:

(1) Enable Indian adults to acquire adult basic educational skills

necessary for literate functioning;

(2) Provide Indian adults with sufficient basic education to enable

them to benefit from job training and retraining programs and to obtain

and retain productive employment so that they might more fully enjoy

the benefits and responsibilities of citizenship; and

(3) Enable Indian adults, who so desire, to continue their

education to at least the level of completion of adult secondary

education.

Sec. 46.2 Definitions.

As used in this part:

Adult means an individual who has attained the age of sixteen or is

beyond the age of compulsory school attendance under State or tribal

law and not currently enrolled in a formal secondary or post-secondary

educational program.

Adult Basic Education (ABE) means instruction designed for an adult

who:

(1) Has minimal competence in reading, writing, and computation;

(2) Cannot speak, read, or write the English language sufficiently

to allow employment commensurate with the adult's real ability;

(3) Is not sufficiently competent to meet the educational

requirements of an adult consumer; or

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(4) In grade level measurements that would be designated as grades

0 through 8.

Adult Education means services or instruction below the college

level for adults who:

(1) Lack sufficient mastery of basic educational skills to enable

them to function effectively in society, or

(2) Do not have a certificate of graduation from a school providing

secondary education and have not achieved a GED.

Adult Education Office means the BIA or tribal office administering

funds appropriated to the BIA, under the TPA, for Adult Education

programs.

Adult Secondary Education means instruction designed for an adult

who:

(1) Is literate and can function in everyday life, but is not

proficient as a competitive consumer or employee; or

(2) Does not have a certificate of graduation (or its equivalent)

from a school providing secondary education and in grade level

measurements that would be designated as grades 9 through 12.

Assistant Secretary means the Assistant Secretary--Indian Affairs,

Department of the Interior, or his/her designee.

Bureau means the Bureau of Indian Affairs.

Department of Education (ED) means the U.S. Department of

Education.

Director means the Director, Office of Indian Education Programs,

Bureau of Indian Affairs.

Indian means a person who is a member of, or is at least a one-

fourth degree Indian blood descendent of a member of, an Indian tribe,

and is eligible for the special programs and services provided by the

United States through the Bureau of Indian Affairs to Indians because

of their status as Indians;

Indian tribe means any Indian tribe, band, nation, rancheria,

pueblo, colony or community, including any Alaska native village or

regional or village corporation as defined in, or established pursuant

to, the Alaska Native Claims Settlement Act (85 Stat. 668) that is

Federally recognized by the United States Government through the

Secretary of the Interior for the special programs and services

provided by the Secretary to Indians because of their status as

Indians.

Tribal Priority Allocation (TPA) means the BIA's budget formulation

process that allows direct tribal government involvement in the setting

of relative priorities for local operating programs.

Secretary means the Secretary of the Department of the Interior.

Service area means the geographic area served by the local Adult

Education Program.

Sec. 46.3 Information collection.

Information collection requirements contained in this part have

been approved by the Office of Management and Budget under 44 U.S.C.

3501 et seq. and assigned clearance number 1076-0120. This information

is being collected to determine eligibility of Indian applicants and

will be used to prioritize programs. Response to this request is viewed

as voluntary. Public reporting burden for this form is estimated to

average 3 hours per response, including the time for reviewing

instructions, gathering, maintaining data, completing and reviewing the

form. Direct comments regarding the burden estimate or any other aspect

of this form may be directed to the BIA Information Collection

Clearance Officer, Division of Management Support, 1849 C Street NW.,

Washington, DC 20245; and the Office of Management and Budget,

Paperwork Reduction Project (OMB #1076-0120), Washington, DC 20503.

Sec. 46.10 Eligible activities.

(a) Subject to availability of funds, funds appropriated for the

BIA's Adult Education Program may be used to support local projects or

programs designed to:

(1) Enable Indian adults to acquire basic educational skills,

including literacy;

(2) Enable Indian adults to continue their education through the

secondary school level;

(3) Establish career education projects intended to improve

employment opportunities;

(4) Provide educational services or instruction for elderly,

disabled, or incarcerated Indian adults;

(5) Prepare individuals to benefit from occupational training; and

(6) Teach employment-related skills.

(b) Funds should not be used to support programs designed solely to

prepare Indian adults to enter a specific occupation or cluster of

closely related occupations.

(c) The Adult Education Program must be implemented in accordance

with a plan established by the tribe(s) affected by the program. The

tribe(s) may determine to set standards in addition to those

established in this part.

Sec. 46.20 Program requirements.

(a) The Adult Education Office will implement the program or

project that is designed to address the needs of the Indian adults in

the service area. To determine the needs of Indian adults in the area,

the Adult Education Office must consider:

(1) Elementary/secondary school dropout or absentee rates;

(2) Average grade level completed;

(3) Unemployment rates; and

(4) Other appropriate measures.

(b) The Adult Education Office, to ensure efforts that no

duplication of services exists, will identify other services in the

area, including those offered by Federal, State and Tribal entities,

that are designed to meet the same needs as those to be addressed by

the project, and the number of Indian adults who receive those

services.

(c) The Adult Education Office must establish and maintain an

evaluation plan.

(1) The plan must be designed to measure the project's

effectiveness in meeting each objective and the impact of the project

on the adults involved; and

(2) The plan must provide procedures for periodic assessment of the

progress of the project and, if necessary, modification of the project

as a result of that assessment.

(d) Subject to the availability of funds, the project is to be

supported under the funding level established for Adult Education in

the formulation of the budget under the TPA process.

Sec. 46.30 Records and reporting requirements.

(a) The Adult Education Office will annually submit a report on the

previous project year's activities to the Director, Office of Indian

Education Programs. The report must include the following information:

(1) The type of eligible activity, under Sec. 46.10, conducted

under the project(s);

(2) The number of participants acquiring the GED, high school

diploma, and other certificates of performance; and

(3) A narrative summary of the activities conducted under the

project.

(b) Each Adult Education Office must:

(1) Submit any records and information that the Director requires

in connection with the administration of the program; and

(2) Comply with any requirements that the Director may impose to

ensure the accuracy of the reports required by this part.

Subpart B--[Reserved]

Dated: August 7, 1997.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 97-21868 Filed 8-18-97; 8:45 am]

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