26728 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules

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.

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

Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules 26729

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 ‘‘§ ’’ and a numbered

heading, for example, § 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: Execsec@ios.doi.gov .

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

26730 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Proposed Rules

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 § 38.15 is added to read as

follows:

§ 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]

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