Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices 30575

existing community resources to create

a new range of services for federally

recognized Indian tribe and tribal

organization projects;

• Promote achievement of the

National Education Goals one, three,

five, and eight that address school

readiness, student achievement, adult

literacy, and parent involvement in the

education of their children; and

• Assist children and adults to

achieve to challenging State content

standards and challenging State student

performance standards.

Each project must use the grant funds

to provide an intensive family-centered

education program that involves parents

and children, from birth through age

seven, in a cooperative effort to help

parents become full partners in the

education of their children and to assist

children in reaching their full potential

as learners.

In accordance with section 1205 of

the ESEA, each project must include ten

specific program elements (listed in the

application package). Those ten

elements include in part the following

activities: identifying, recruiting, and

providing services to families that are

the most in need of family literacy

services, as indicated by a low level of

adult literacy or English language

proficiency of the eligible parent or

parents, and other need-related

indicators; providing (through

collaboration with other entities when

possible) high-quality, intensive

instructional programs in adult basic or

secondary education (or English

language training), early childhood

education, literacy-based parenting

education training, and interactive

literacy activities between parents and

their children; and providing yearround services, including some

instructional services in the home. For

a specific description of all of the

required program elements, applicants

should refer to the application package.

Eligible Participants

Eligible participants are families with

children and their parents who also

meet the following conditions specified

in section 1206(a) of the ESEA:

(1) The parent or parents must be

eligible for participation in an adult

education program under the Adult

Education Act; or within the State’s

compulsory school attendance age range

(in which case a local educational

agency must provide (or ensure the

availability of) the basic education

component); and

(2) The child or children must be

younger than eight years of age.

Federal and Local Funding

An Even Start Family Literacy

project’s funding is comprised of both a

Federal portion of funds (Federal share)

and a portion contributed by the eligible

applicant (local project share). The local

share of the project may be provided in

cash or in kind and may be obtained

from any source, including other

Federal programs funded by the ESEA.

The Federal share of the project may not

exceed—

• 90 percent of the total cost of the

project in the first year;

• 80 percent in the second year;

• 70 percent in the third year;

• 60 percent in the fourth year;

• 50 percent in the fifth through eight

years; and

• 35 percent in any subsequent year.

The Federal share for any grantee

receiving a grant for a second grant

cycle may not exceed 50 percent, and

for any cycle after that may not exceed

35 percent. Any grantee that wishes to

reapply at the end of a project period

(up to 48 months) must recompete for

funding with new applicants.

Indirect Costs

Even Start Family Literacy Program

funds may not be used for the indirect

costs of a project. Recipients of an Even

Start Indian tribe and tribal organization

grant may request the Secretary to waive

this requirement. To obtain a waiver,

however, the recipient must

demonstrate to the Secretary’s

satisfaction that the recipient otherwise

would not be able to participate in the

Even Start Family Literacy Program.

National Evaluation

The Department is conducting a

national evaluation of Even Start Family

Literacy projects. Grantees are required

to participate in the Department’s

national evaluation and to conduct a

separate independent local evaluation

consistent with the grantee’s

responsibilities under 34 CFR 75.590.

Specific information about budgeting for

those evaluations are contained in the

application package.

FOR FURTHER INFORMATION CONTACT: To

obtain a copy of the application package

or further information, contact Doris

Sligh, Compensatory Education

Programs, Office of Elementary and

Secondary Education, U.S. Department

of Education, 400 Maryland Avenue

SW, Washington, DC 20202–6132;

telephone (202) 260–0999; or email

doris_sligh@ed.gov.

The application package also is

available on the Department’s Web site

at: www.ed.gov/GrantApps/#84.258.

Individuals who use a

telecommunications device for the deaf

(TDD) may call the Federal Information

Relay Service (FIRS) at 1–800–877–

8339. Individuals with disabilities may

obtain this document in an alternate

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

Individuals with disabilities may

obtain a copy of the application package

in an alternative format by contacting

that person. However, the Department is

not able to reproduce in an alternative

format the standards forms included in

the application package.

Electronic Access to This Document

Anyone may view this document, as

well as all other Department of

Education documents published in

Federal Register, in text or Adobe

Portable Document Format (PDF) on the

Internet at either of the following sites:

http://ocfo.ed.gov/fedreg.htm

http://www.ed.gov/news.html

To use the PDF, you must have Adobe

Acrobat Reader, which is available free

at either of the previous sites. If you

have questions about using the PDF, call

the U.S. Government Printing Office

(GPO) toll free at 1–888–293–6498, or in

the Washington DC area at (202) 512–

1530.

The official version of this document

is the document published in the

Federal Register. Free Internet access to

the official education of the Federal

Register and Code of Federal

Regulations is available on GPO Access

at: http://www.access.gpo.gov/nara/

index.html.

Program Authority: 20 U.S.C. 6362(c).

Dated: May 9, 2000.

Michael Cohen,

Assistant Secretary for Elementary and

Secondary Education.

[FR Doc. 00–12162 Filed 5–11–00; 8:45 am]

BILLING CODE 4000–01–M

DEPARTMENT OF EDUCATION

Arbitration Panel Decision Under the

Randolph-Sheppard Act

AGENCY: Department of Education.

ACTION: Notice of Arbitration Panel

Decision Under the Randolph-Sheppard

Act.

SUMMARY: Notice is hereby given that on

March 31, 1999, an arbitration panel

rendered a decision in the matter of

West Virginia Department of Education

and the Arts, Division of Rehabilitation

Services v. U.S. Department of Labor,

Mine Safety and Health Administration

(Docket No. R-S/97–14). This panel was

30576 Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices

convened by the U.S. Department of

Education pursuant to 20 U.S.C. 107d1(b) upon receipt of a complaint filed by

petitioner, the West Virginia

Department of Education and the Arts,

Division of Rehabilitation Services.

FOR FURTHER INFORMATION: A copy of the

full text of the arbitration panel decision

may be obtained from George F.

Arsnow, U.S. Department of Education,

400 Maryland Avenue, SW., room 3230,

Mary E. Switzer Building, Washington

DC 20202–2738. Telephone: (202) 205–

9317. If you use a telecommunications

device for the deaf (TDD), you may call

the TDD number at (202) 205–8298.

Individuals with disabilities may

obtain this document in an alternate

format (e.g., Braille, large print,

audiotape, or computer diskette) on

request to the contact person listed in

the preceding paragraph.

Electronic Access to This Document

You may view this document, as well

as all other Department of Education

documents published in the Federal

Register, in text or Adobe Portable

Document Format (PDF) on the Internet

at either of the following sites: http://

ocfo.ed.gov/fedreg.htm http://

www.ed.gov/news.html.

To use the PDF you must have the

Adobe Acrobat Reader, which is

available free at either of the previous

sites. If you have questions about using

the PDF, call the U.S. Government

Printing Office (GPO), toll free, at 1–

888–293–6498; or in the Washington,

DC, area at (202) 512–1530.

Note: The official version of this document

is the document published in the Federal

Register. Free Internet access to the official

edition of the Federal Register and the Code

of Federal Regulations is available on GPO

Access at: http://www.access.gpo.gov/nara/

index.html.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d-2(c)) (the Act), the Secretary

publishes in the Federal Register a

synopsis of each arbitration panel

decision affecting the administration of

vending facilities on Federal and other

property.

Background

This dispute concerns the alleged

violation by the U.S. Department of

Labor in the termination of the contract

of the West Virginia Department of

Education and the Arts, Division of

Rehabilitation Services, the State

licensing agency (SLA), to operate a

facility at the National Mine Health and

Safety Academy in Beckley, West

Virginia. A summary of the facts is as

follows: On July 13, 1997, Mr. David

Naylor, Director of the West Virginia

Society for the Blind (Society), received

a letter dated July 2, 1997, from Mr.

William Och, the Contracting Officer for

the National Mine Health and Safety

Academy in Beckley. In the letter,

which was entitled ‘‘Notice of Partial

Termination of Contract Number

J2566023 for Food Service at the

National Mine Health and Safety

Academy, Beaver, WV,’’ Mr. Och was

informed that a substantial part of the

Society’s food service would be

terminated effective July 7, 1997, for the

remainder of the Federal fiscal year. The

reason given for the termination was

simply ‘‘the Government’s

convenience.’’

The SLA alleged that the contract was

terminated with less than 1 business

day’s notice since the Fourth of July

holiday in that year fell on Friday. The

SLA further alleged that the actions

taken by the U.S. Department of Labor,

Mine Safety and Health Administration,

in terminating the SLA’s contract,

violated the substantive and procedural

provisions of the Act and implementing

regulations.

The SLA filed a request for Federal

arbitration dated July 15, 1997, which

was received by the Department on July

24, 1997. While the complaint was

under review by the Department, the

parties were encouraged to meet and

discuss the issues in an effort to reach

an amicable settlement.

To that end, the parties successfully

negotiated a resolution concerning two

of the three issues in the SLA’s original

complaint. The two issues settled were:

(1) That the SLA through its agent, the

West Virginia Society for the Blind, and

the Mine Safety and Health

Administration would negotiate and

enter into a contract providing for the

operation of the cafeteria and vending

facilities at the Academy. The contract

would begin on or before November 1,

1997. The contract would provide for a

term of 120 days with ongoing options

for renewal on a 30-day basis. (2) For

the duration of the previously-named

contract, the Mine Safety and Health

Administration would permit no other

entity to provide food or vending

services at the Academy unless the right

to furnish those food or vending

services would be first offered to the

West Virginia Society for the Blind. If

the Society was unable to provide those

services, it would advise the Mine

Safety and Health Administration.

The SLA filed a request to proceed

with arbitration on the remaining issue

in the complaint. A Federal arbitration

hearing on this matter was held on

September 18, 1998.

Arbitration Panel Decision

The central issue before the

arbitration panel was whether the Mine

Safety and Health Administration may

seek bids for the operation of the food

and vending facilities contract at the

National Mine Health and Safety

Academy while a contractor is already

in place pursuant to the provisions of

the Act (20 U.S.C. 107 et seq.) and the

implementing regulations (34 CFR part

395).

The majority of the panel ruled that

the sole purpose of the Act is to benefit

blind persons through employment as

entrepreneurs on all Federal property.

Additionally, it is a requirement of the

Act that a priority be given to blind

vending facilities on all Federal

property, and it is the obligation of

every Federal department, agency, and

instrumentality to ensure that one or

more vending facilities is established on

all Federal property.

In its complaint, the SLA argued that

the Mine Safety and Health

Administration, the respondent, was

prohibited from seeking bids because of

the priority provisions of the Act.

Conversely, the Mine Safety and Health

Administration responded that the Act

and implementing regulations do not

expressly prohibit it from soliciting

bids.

After review of all evidence and

arguments, the majority of the panel

ruled that the Mine Safety and Health

Administration was entitled to seek

bids. The panel concluded that if the

SLA submitted a bid to the Mine Safety

and Health Administration, then the

priority provisions of the Act and

regulations would apply. The panel

further ruled that the priority provisions

of the Act do not affect the bidding

process and are only pertinent after the

bidding process has been completed.

Specifically, the panel found that there

is no requirement in the Act that

precludes the contracting agency from

soliciting for the food service operation

merely because a blind vendor was

previously operating the facility under a

contract. Consequently, the Mine Safety

and Health Administration is free to

seek bids as long as it ultimately gives

preferential treatment to a qualified

blind vendor consistent with the Act.

Additionally, the panel ruled that if

the SLA demonstrates that it can

provide food service at comparable cost

and of comparable high quality as that

available from other providers, the Act’s

priority provisions would apply.

Therefore, this would mean that at the

end of the contract period with the SLA,

if the SLA submits a new contract

proposal that is within the competitive

Federal Register / Vol. 65, No. 93 / Friday, May 12, 2000 / Notices 30577

range, the SLA is entitled to the

contract. Further, the Mine Safety and

Health Administration may negotiate

directly with the SLA without opening

the competitive bidding process.

One panel member dissented.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: May 8, 2000.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 00–11914 Filed 5–11–00; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF ENERGY

Secretary of Energy Advisory Board;

Notice of Open Meeting

AGENCY: Department of Energy.

SUMMARY: This notice announces a

meeting of the Secretary of Energy

Advisory Board’s Openness Advisory

Panel. The Federal Advisory Committee

Act (Public Law 92–463, 86 Stat. 770),

requires that agencies publish these

notices in the Federal Register to allow

for public participation.

NAME: Secretary of Energy Advisory

Board—Openness Advisory Panel.

DATE: Tuesday, May 16, 2000, 9 a.m.–

3:30 p.m.

ADDRESSES: U.S. Department of Energy,

Program Review Center (Room 8E–089),

Forrestal Building, 1000 Independence

Avenue, SW., Washington, DC 20585.

Note: Members of the public are requested

to contact the Office of the Secretary of

Energy Advisory Board at (202) 586–7092 in

advance of the meeting (if possible), to

expedite their entry to the Forrestal Building

on the day of the meeting. Public

participation is welcomed.

FOR FURTHER INFORMATION CONTACT:

Richard Burrow, Deputy Director,

Secretary of Energy Advisory Board

(AB–1), U.S. Department of Energy,

1000 Independence Avenue, SW.,

Washington, DC 20585, (202) 586–7092

or (202) 586–6279 (fax).

SUPPLEMENTARY INFORMATION: The

purpose of the Openness Advisory

Panel is to provide advice to the

Secretary of Energy Advisory Board

regarding the status and strategic

direction of the Department’s

classification and declassification

policies and programs, and other

aspects of the Department’s ongoing

Openness Initiative. The Panel’s work

will help institutionalize the

Department’s Openness Initiative.

Tentative Agenda

The agenda for the May 16 meeting

has not been finalized but will include

detailed briefings and discussions on

the history and accomplishments of

DOE’s Openness Initiative; the legal

foundations and basis for openness;

implementation status of the OAP

Interim Report; and key issues and

challenges in classification,

declassification and records

management. Members of the Public

wishing to comment on issues before

the Openness Advisory Panel will have

an opportunity to address the Panel

during the afternoon period for public

comment.

Tentative Agenda

9–9:30 a.m. Opening Remarks &

Introductions—Herbert Brown,

Chairman Openness Advisory Panel

9:30–10:15 a.m. Briefing & Discussion:

History and Accomplishments of

DOE’s Openness Initiative

10:15–10:30 a.m. Break

10:30–11:15 a.m. Briefing & Discussion:

Legal Foundations and the Basis for

Openness

11:15–12 p.m. Status Report:

Implementation of OAP Interim

Report Recommendations

12–1 p.m. Lunch Break

1–1:45 p.m. Briefing & Discussion:

Issues and Challenges in

Classification and Declassification

1:45–2:30 p.m. Briefing & Discussion:

Issues and Challenges in Records

Management

2:30–3:15 p.m. Working Session: Panel

Organization, Scope, & Work Plans

3:15–3:30 p.m. Public Comment Period

3:30 p.m. Adjourn

This tentative agenda is subject to

change. A final agenda will be available

at the meeting.

Public Participation

In keeping with procedures, members

of the public are welcome to observe the

business of the Openness Advisory

Panel and submit written comments or

comment during the scheduled public

comment periods. The Chairman of the

Panel is empowered to conduct the

meeting in a fashion that will, in the

Chairman’s judgment, facilitate the

orderly conduct of business. During its

meeting in Washington, DC the Panel

welcomes public comment. Members of

the public will be heard in the order in

which they sign up at the beginning of

the meeting. The Panel will make every

effort to hear the views of all interested

parties. You may submit written

comments to Betsy Mullins, Executive

Director, Secretary of Energy Advisory

Board, AB–1, U.S. Department of

Energy, 1000 Independence Avenue,

SW., Washington, DC 20585. This notice

is being published less than 15 days

before the date of the meeting due to the

late resolution of programmatic issues.

Minutes

A copy of the minutes and a transcript

of the meeting will be made available

for public review and copying

approximately 30 days following the

meeting at the Freedom of Information

Public Reading Room, 1E–190 Forrestal

Building, 1000 Independence Avenue,

SW., Washington, DC, between 9 a.m.

and 4 p.m., Monday through Friday

except Federal holidays. Further

information on the Secretary of Energy

Advisory Board and its subcommittees

may be found at the Board’s web site,

located at http://www.hr.doe.gov/seab.

Issued at Washington, DC, on May 9, 2000.

Rachel M. Samuel,

Deputy Advisory Committee Management

Officer.

[FR Doc. 00–12114 Filed 5–11–00; 8:45 am]

BILLING CODE 6450–01–U

DEPARTMENT OF ENERGY

Secretary of Energy Advisory Board;

Notice of Open Meeting

AGENCY: Department of Energy.

SUMMARY: This notice announces a

meeting of the Secretary of Energy

Advisory Board’s National Ignition

Facility Laser System Task Force. The

Federal Advisory Committee Act (Public

Law 92–463, 86 Stat. 770), requires that

agencies publish these notices in the

Federal Register to allow for public

participation.

NAME: Secretary of Energy Advisory

Board—National Ignition Facility Laser

System Task Force.

DATES: Wednesday, May 17, 2000, 8:30

am–3 pm.

ADDRESSES: Lawrence Livermore

National Laboratory (LLNL), Conference

Room A, Building 123, 7000 East

Avenue, Livermore, California 94551–

0808.

Note: For their convenience, members of

the public who plan to attend this open

meeting are requested to contact Ms.

Kathleen Moody of the LLNL Protocol Office

in advance of the meeting in order to

facilitate access to the meeting site. Ms.

Moody may be reached at (925) 423–5948 or

via e-mail at moody2@llnl.gov.

FOR FURTHER INFORMATION CONTACT:

Betsy Mullins, Executive Director, or

Richard Burrow, Deputy Director,

Secretary of Energy Advisory Board

(AB–1), U.S. Department of Energy,