[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Proposed Rules]
[Pages 26728-26730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11072]



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Part III





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 38



Southwestern Polytechnic Institute (SIPI) Personnel System; Proposed 
Rule

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed 
Rules

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 38

RIN 1076--AE02


Southwestern Polytechnic Institute (SIPI) Personnel System

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Bureau of Indian Affairs is proposing to amend its 
regulations to allow the Southwestern Indian Polytechnic Institute to 
develop a new alternative personnel system.

DATES: Written comments on the proposed rule must be filed June 7, 
2000. A public hearing will be held on June 8, 2000.

ADDRESSES: You may send written comments on the proposed rule and 
written comments to supplement oral testimony to: Dr. Carolyn Elgin, 
President, Southwestern Indian Polytechnic Institute, P. O. Box 10146, 
9169 Coors Boulevard, NW, Albuquerque, New Mexico 87184.

FOR FURTHER INFORMATION CONTACT: David Parrish, Dean of Administration, 
at (505) 346-2340.

SUPPLEMENTARY INFORMATION:
    Review of Comments: Comments will be available for inspection at 
SIPI, Room 107, 9169 Coors Boulevard, NW, Albuquerque, New Mexico, 
87184. Written comments on the proposed rule should be specific, should 
be confined to issues pertinent to the proposed rule and should explain 
the reason for any change you recommend. Where possible, you should 
reference the specific section or paragraph of the proposal you are 
addressing. This 30 day time frame is necessary to ensure that 
statutory requirements for implementation no later than October 31, 
2000 are met. A public hearing will be held on June 8, 2000.
    Individual respondents may request confidentiality. If you wish to 
request that we consider withholding your name, street address and 
other contact information from public review or from disclosure under 
the Freedom of Information Act, you must state this prominently at the 
beginning of your comment. We will honor request(s) for confidentiality 
on a case-by-case basis to the extent allowed by law. We will make 
available for public inspection in their entirety all submission from 
organizations and from individuals identifying themselves as 
representatives or officials of organizations.
    Public Hearing: A public hearing will be held at SIPI, Library 
Building, Board of Regents Conference, 9169 Coors Boulevard, NW, 
Albuquerque, New Mexico, 87184. Any person who wants to participate in 
the public hearing should notify the person identified under FOR 
FURTHER INFORMATION CONTACT section.
    (1) If no one expresses an interest in participating in a hearing 
at the given location on the given date, we will not hold the hearing. 
If only one person expresses an interest, we may hold a public meeting 
rather than a hearing, and we will include the results in the 
Administrative Record.
    (2) If we hold a hearing, we will continue the hearing until 
everyone who wants to testify has done so. We will include the results 
in the Administrative Record.
    At the time of the hearing, interested persons or institutions may 
present written or oral comments on the proposed rule. The hearing will 
be informal. However, anyone wishing to testify should contact the 
person listed under FOR FURTHER INFORMATION CONTACT. He will then plan 
the hearings and provide sufficient time for all interested persons and 
institutions to be heard. Priority will be given to those on the 
schedule. Other individuals may speak during any remaining available 
time. Each speaker's presentation will be limited to 10 minutes. 
Written comments may be submitted to supplement oral testimony during 
the public comment period.
    This demonstration project is initiated under the authority of Pub. 
L. 105-337. The congress believes that SIPI requires more flexibility 
and autonomy in their personnel activities than is currently allowed by 
the Office of Personnel Management regulations (Title 5, U.S.C.). The 
Congress further required that if a demonstration project is 
implemented, that it be implemented no later than October 31, 2000. 
This demonstration project allows SIPI to develop a completely new 
personnel system to meet the unique needs of the SIPI mission. This 
project is designed to increase the flexibility of training modules and 
services provided to the students attending SIPI. To accomplish these 
goals, a separation from Title 5 requirements was necessary.

Background

    Individuals employed at the Southwestern Indian Polytechnic 
Institute (SIPI) are currently covered under Title 5 of the CFR 
(Administrative Personnel). Under the demonstration project, SIPI 
employees will no longer be covered by Title 5 of the CFR, but will be 
covered by Part 38 of Title 25 (Indians), as established in this 
proposed rule. This action will allow SIPI greater autonomy in 
administration and improvement of the academic program while 
maintaining SIPI and its employees as an integral part of the Bureau of 
Indian Affairs. Under this demonstration project, employees at SIPI 
will be converted to the Excepted Service and all future appointments 
to positions at SIPI will be in the Excepted Service. SIPI Management 
will establish qualifications and classifications standards that will 
directly support the mission of SIPI in providing quality education 
programs for its students. The employee compensation and pay system 
will be converted to that of the current contract education pay system 
with no loss of pay or benefits. The current Title 5 benefits (ie. 
Retirement, Health, Life Insurance and Thrift Savings Plan) will be 
continued. The current annual and sick leave program will be continued. 
A new 5 step performance evaluation system will be utilized under the 
project. Any collective bargaining agreement in effect on the day 
before this demonstration project commences shall be recognized by SIPI 
until the earlier of:
    (1) The date occurring 3 years after the commencement date of the 
project;
    (2) The date as of which the agreement is scheduled to expire 
(disregarding any option to renew); or
    (3) such date as may be determined by mutual agreement of the 
parties.

Termination of the Demonstration Project

    This demonstration project will terminate on October 31, 2005, or 
on such date beyond October 31, 2005, as deemed necessary to validate 
the results of the project, or as determined by Congress.

Discussion

    This proposed rule will expedite the employment and utilization of 
future employees with qualifications that more readily reflect the 
needs of the Institution than is currently allowed under Office of 
Personnel Management regulations. It will also provide the 
administration of SIPI with the flexibility to modify program 
requirements and more appropriately assign employees to reflect 
changing requirements.

Regulatory Planning and Review (E.O. 12866)

    These proposed regulations are not a significant regulatory action 
because they affect only a small number of employees (approximately 
185) and

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have no additional affect on SIPI employees beyond the current approved 
budget. Therefore, they are subject to review by the Office of 
Management and Budget under Executive Order 12866.
    (1) This rule will have no effect beyond the current approved 
budget which is less than $6 million.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects or entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients.
    (4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Department certifies that these proposed regulations will not 
have a significant economic effect on a substantial number of small 
entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), 
because it only effects the 185 total positions located at SIPI and has 
no economic impact on the incumbents of those positions.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have any annual effect on the economy beyond the 
current approved budget of less that $6 million.
    (b) Will not cause any increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions.
    (c) Does not have any adverse effects on competition, employment, 
investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises.

Unfunded Mandates Reform Act

    This rule does not impose any unfunded mandate on State, local, or 
tribal governments or the private sector. The rule does not have any 
effect on State, local, or tribal governments or the private sector. A 
statement containing the information required by the Unfunded Mandates 
Reform Act (1 U.S.C. 1531, et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
any takings implications. A takings implication assessment is not 
required.

Federalism (E.O. 13132)

    The proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132. This 
proposed rule does not propose any regulation that:
    (1) Has any direct effect on the States, the relationship between 
national government and the States, or the distribution of power and 
responsibilities among the various levels of government;
    (2) Impose any compliance costs on State and local governments; or,

Executive Order 13132

    The proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(``Federalism''). This proposed rule does not propose any regulation 
that:
    (1) Has any direct effect on the States, the relationship between 
the national government and the States, or the distribution of power 
and responsibilities among the various levels of government;
    (2) Impose any direct compliance costs on State and local 
governments; or
    (3) Preempts state law.
    Therefore, the consultation and funding requirements of Executive 
Order 13132 do not apply.
    The proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13084, `` 
Consultation and Coordination with Indian Tribal Governments.'' Because 
the proposed rule does not affect the Indian tribal governments, the 
funding and consultation requirement of Executive Order 13084 does not 
apply.

Civil Justice Reform (Executive Order 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not impact the judicial 
system and does not meet the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation does not require information collection from 10 or 
more parties and a submission under the Paperwork Reduction Act is not 
required. An OMB form 83-I is not required.

National Environmental Policy Act

    This rule does not constitute a major Federal action affecting the 
quality of the human environment. A detailed statement under the 
National Environmental Policy Act of 1969 is not required.

Consultation and Coordination With Indian Tribal Governments (E.O. 
13084)

    The proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13084. Because the 
proposed rule would not affect the Indian tribal governments, the 
funding and consultation requirement of Executive Order 13084 does not 
apply.

Clarity of This Regulation

    Executive Order 12866 requires each agency to write regulations 
that are easy to understand. President Clinton's Presidential 
memorandum of June 2, 1998 required us to write new regulations in 
plain language. We invite your comments on how to make this proposed 
rule easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the proposed rule clearly 
stated? (2) Does the proposed rule contain technical language or jargon 
that interferes with its clarity? (3) Does the format of the proposed 
rule (grouping and order of sections, use of headings, paragraphing, 
etc.) aid or reduce its clarity? (4) Would the rule be easier to 
understand if it were divided into more (but shorter) sections? (A 
``section'' appears in bold type and is preceded by the symbol 
``Sec. '' and a numbered heading, for example, Sec. 38.15 Southwest 
Indian Polytechnic Institute. (5) Is the description of the proposed 
rule in the SUPPLEMENTARY INFORMATION section of this preamble helpful 
in understanding the proposed rule? What else could we do to make the 
proposed rule easier to understand?
    Send a copy of any comments that concern how we could make this 
proposed rule easier to understand to: Office Regulatory Affairs, 
Department of the Interior, Room 7229, 1849 C Street NW, Washington, DC 
20240. You may also e-mail the comments to this address: 
<a href="/cdn-cgi/l/email-protection#1f5a677a7c6c7a7c5f76706c317b707631787069"><span class="__cf_email__" data-cfemail="12576a7771617771527b7d613c767d7b3c757d64">[email protected]</span></a> .
    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposal is 
consistent with the provisions of the Public Law. Persons making 
written submissions should file with the Southwestern Indian 
Polytechnic Institute. A copy of the submission, all subsequent 
amendments, all written statements with respect to the proposed rule 
that are filed with SIPI, and all written communications relating to 
the proposed rule between SIPI and any person, other than those that 
may be withheld from the public in accordance with the provisions of 5 
U.S.C. 552, will

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be available for inspection and copying at the address indicated in the 
ADDRESSES section.

List of Subjects in 25 CFR Part 38

    Indians--education.

Words of Issuance

    For the reasons stated in the summary, the Department of the 
Interior proposes to amend Title 25 CFR, as follows:

PART 38--EDUCATION PERSONNEL

    1. The authority for part 38 is revised to read as follows:

    Authority: Secs. 1131 and 1135 of the Act of November 1, 1978 
(92 Stat. 2322 and 2327; 25 U.S.C. 2011 and 2015); Secs. 511 and 512 
of Pub. L. 98-511; and Secs. 8 and 9 of Pub. L. 99-89 (Indian 
Education Technical Amendments Act of 1985) and Title V of Pub. L. 
100-297 (Indian Education Amendments of 1988) and Pub. L. 105-337.

    2. A new Sec. 38.15 is added to read as follows:


Sec. 38.15  Southwestern Indian Polytechnic Institute.

    The Southwest Indian Polytechnic Institute has an independent 
personnel system established under Pub. L. 105-337, the Administrative 
Systems Act of 1998, 112 Stat. 3171. The details of this system are in 
the Bureau of Indian Affairs Manual at 62 BIAM, which may be found in 
Bureau of Indian Affairs Area and Agency offices, Education Line 
Offices and the Central office in Washington, DC.

    Dated: April 25, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-11072 Filed 5-5-00; 8:45 am]
BILLING CODE 4310-02-P


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