Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 5363 

not fulfilled the conditions of a prior 

grant; or is otherwise not responsible. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: (a) If you apply for a 

grant under this competition, you must 

ensure that you have in place the 

necessary processes and systems to 

comply with the reporting requirements 

in 2 CFR part 170 should you receive 

funding under the competition. This 

does not apply if you have an exception 

under 2 CFR 170.110(b). 

(b) At the end of your project period, 

you must submit a final performance 

report, including financial information, 

as directed by the Secretary. If you 

receive a multi-year award, you must 

submit an annual performance report 

that provides the most current 

performance and financial expenditure 

information as directed by the Secretary 

under 34 CFR 75.118. The Secretary 

may also require more frequent 

performance reports under 34 CFR 

75.720(c). For specific requirements on 

reporting, please go to http:// 

www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: Under the 

Government Performance and Results 

Act of 1993 (GPRA), the Department has 

developed the following performance 

measures for measuring the overall 

effectiveness of the ANE program: (1) 

The percentage of Alaska Native 

students in schools served by the 

program who meet or exceed 

proficiency standards in reading, 

mathematics, and science on the Alaska 

State assessments; (2) the percentage of 

Alaska Native children participating in 

early learning and preschool programs 

who consistently demonstrate school 

readiness in language and literacy as 

measured by the Revised Alaska 

Development Profile (RADP); and (3) the 

percentage of Alaska Native students in 

schools served by the program who 

graduate from high school with a regular 

high school diploma in four years. 

All grantees will be expected to 

submit an annual performance report 

that includes data addressing these 

performance measures, to the extent that 

they apply to the grantee’s project. 

5. Continuation Awards: In making a 

continuation award, the Secretary may 

consider, under 34 CFR 75.253, the 

extent to which a grantee has made 

‘‘substantial progress toward meeting the 

objectives in its approved application.’’ 

This consideration includes the review 

of a grantee’s progress in meeting the 

targets and projected outcomes in its 

approved application, and whether the 

grantee has expended funds in a manner 

that is consistent with its approved 

application and budget. In making a 

continuation grant, the Secretary also 

considers whether the grantee is 

operating in compliance with the 

assurances in its approved application, 

including those applicable to Federal 

civil rights laws that prohibit 

discrimination in programs or activities 

receiving Federal financial assistance 

from the Department (34 CFR 100.4, 

104.5, 106.4, 108.8, and 110.23). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: 

Chuenee Boston, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 3E118, Washington, DC 20202– 

6200. Telephone: (202) 260–7008 or by 

e-mail: Chuenee.Boston@ed.gov. 

If you use a TDD, call the FRS, toll 

free, at 1–800–877–8339. 

VIII. Other Information 

Accessible Format: Individuals with 

disabilities can obtain this document 

and a copy of the application package in 

an accessible format (e.g., braille, large 

print, audiotape, or computer diskette) 

on request to the program contact 

person listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

Electronic Access to This Document: 

You can view this document, as well as 

all other documents of this Department 

published in the Federal Register, in 

text or Adobe Portable Document 

Format (PDF) on the Internet at the 

following site: http://www.ed.gov/news/ 

fedregister. To use PDF you must have 

Adobe Acrobat Reader, which is 

available free at this site. You can view 

this document in text of PDF at the 

following site, also: http://www.ed.gov/ 

programs/alaskanative/applicant.html. 

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.gpoaccess.gov/nara/ 

index.html. 

Dated: January 26, 2011. 

Thelma Melendez de Santa Ana, 

Assistant Secretary for Elementary and 

Secondary Education. 

[FR Doc. 2011–2075 Filed 1–28–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Intent To Compromise Claim Against 

the State of Oklahoma Department of 

Education 

AGENCY: Department of Education. 

ACTION: Notice of intent to compromise 

claim with request for comments. 

SUMMARY: The United States Department 

of Education (Department) intends to 

compromise a claim against the 

Oklahoma Department of Education 

(Oklahoma) now pending before the 

Office of Administrative Law Judges 

(OALJ), Docket No. 07–04–R. Before 

compromising a claim, the Department 

must publish its intent to do so in the 

Federal Register and provide the public 

an opportunity to comment on that 

action. 

DATES: We must receive your comments 

on the proposed action on or before 

March 17, 2011. 

ADDRESSES: Address all comments 

concerning the proposed action to 

Ronald B. Petracca, Office of the General 

Counsel, U.S. Department of Education, 

400 Maryland Avenue, SW., Room 

6E111, Washington, DC 20202–2110. 

FOR FURTHER INFORMATION CONTACT: 

Ronald B. Petracca, Telephone: 

(202) 401–6008. If you use a 

telecommunications device for the deaf 

(TDD), you may call the Federal 

Information Relay Service (FIRS) at 

1–800–877–8339. Individuals with 

disabilities may obtain this document in 

an alternative format (e.g., Braille, large 

print, audio tape, or computer diskette) 

on request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: 

Invitation To Comment 

We invite you to submit comments 

regarding this proposed action. During 

and after the comment period, you may 

inspect all public comments in room 

6E312, FB–6, 400 Maryland Avenue, 

SW., Washington, DC, between the 

hours of 8:30 a.m. and 4 p.m., Eastern 


jlentini on DSKJ8SOYB1PROD with NOTICES
5364 Federal Register / Vol. 76, No. 20 / Monday, January 31, 2011 / Notices 

1When new regulations for the IDEA–B program 

were issued in 2006, the maintenance of effort 

requirements were re-codified at 34 CFR 300.203– 

300.205. 

time, Monday through Friday of each 

week except Federal holidays. 

Assistance to Individuals With 

Disabilities in Reviewing Comments 

On request, we will supply an 

appropriate aid, such as a reader or 

print magnifier, to an individual with a 

disability who needs assistance to 

review the comments. If you want to 

schedule an appointment for this type of 

aid, please contact the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Background 

On December 21, 2006, the Assistant 

Secretary for Special Education and 

Rehabilitative Services (Assistant 

Secretary) issued a final program 

determination letter (PDL) seeking to 

recover from Oklahoma $583,943.29 of 

Part B of the Individuals with 

Disabilities Education Act (IDEA–B) 

funds. These funds, based on a finding 

in a single audit of Oklahoma (Audit 

Control Number 06–04–58175), were 

determined by the Assistant Secretary to 

have been expended, during fiscal year 

2003, in violation of the IDEA–B’s 

maintenance of effort requirement set 

out in 34 CFR 300.230–300.233 (2003).1

Specifically, the PDL identified 76 LEAs 

in Oklahoma that violated the 

maintenance of effort requirement and 

the amount of that violation for each of 

those LEAs. 

Oklahoma filed an Application for 

Review of this PDL with the Office of 

Administrative Law Judges (OALJ) on 

February 26, 2007. On April 16, 2007, 

the OALJ granted the parties Joint 

Motion to Conduct Voluntary Discovery, 

Engage in Settlement, Negotiations, and 

Suspend the Procedural Schedule (Joint 

Motion). Since this Joint Motion was 

granted, Oklahoma has presented the 

Department with extensive 

documentation and analysis, not 

available to the Department at the time 

the PDL was issued, to support its 

contention that the total level of the 

maintenance of effort violation was 

lower than set out in the PDL. On the 

basis of that documentation the 

Assistant Secretary, on November 22, 

2010, filed a Notice of Reduction of 

Claim with the OALJ that reduced the 

claim in this matter from $583,943.29 to 

$289,501.76. 

The Department proposes to 

compromise this remaining claim to 

$217,126.32. Based on litigation risks 

and the costs of proceeding through the 

administrative and, possibly, court 

process for this appeal, the Department 

has determined that it would not be 

practical or in the public interest to 

continue this proceeding. In addition, in 

light of corrective actions Oklahoma has 

taken, we do not anticipate recurrence 

of this maintenance of effort violation. 

As a result, under the authority in 20 

U.S.C. 1234a(j), the Department has 

determined that compromise of this 

claim for $217,126.32 is appropriate. 

The public is invited to comment on the 

Department’s intent to compromise this 

claim. Additional information may be 

obtained by calling or writing to Ronald 

B. Petracca at the telephone number and 

address listed at the beginning of this 

notice. 

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 the following site: http:// 

frwebgate.access.gpo.gov/cgi-bin/ 

leaving.cgi?from=leavingFR.html&log=

linklog&to=http://www.ed.gov/

legislation/FedRegister. 

To use PDF, you must have Adobe 

Acrobat Reader, which is available free 

at this site. 

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://frwebgate.access.gpo.gov/ 

cgi-bin/leaving.cgi?from=

leavingFR.html&log=linklog&to=http:// 

www.access.gop.gov/nara/index.html. 

Program Authority: 20 U.S.C. 1234a(j). 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Thomas Skelly, Director, Budget 

Service, to perform the functions and 

duties of the Chief Financial Officer of 

the Department of Education. 

Dated: January 26, 2011. 

Thomas Skelly, 

Director, Budget Service. 

[FR Doc. 2011–2079 Filed 1–28–11; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

Public Availability of Department of 

Energy FY 2010 Service Contract 

Inventory 

AGENCY: Department of Energy. 

ACTION: Notice of public availability of 

FY 2010 Service Contract Inventories. 

SUMMARY: In accordance with Section 

743 of Division C of the Consolidated 

Appropriations Act of 2010 (Pub. L. 

111–117), Department of Energy is 

publishing this notice to advise the 

public of the availability of the FY 2010 

Service Contract inventory. This 

inventory provides information on 

service contract actions over $25,000 

that were made in FY 2010. The 

information is organized by function to 

show how contracted resources are 

distributed throughout the agency. The 

inventory has been developed in 

accordance with guidance issued on 

November 5, 2010 by the Office of 

Management and Budget’s Office of 

Federal Procurement Policy (OFPP). 

OFPP’s guidance is available at http://

www.whitehouse.gov/sites/default/files/

omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf. Department of Energy has 

posted its inventory and a summary of 

the inventory at the following link: 

http://www.management.energy.gov/

policy_guidance/competitive_

sourcing.htm. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the service contract 

inventory should be directed to Jeff 

Davis in the Strategic Programs Division 

at 202–287–1877 or jeff.davis@hq.

doe.gov. 

Dated: January 25, 2011. 

David Boyd, 

Deputy Director, Office of Procurement and 

Assistance Management. 

[FR Doc. 2011–2028 Filed 1–28–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Environmental Management Advisory 

Board Meeting 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Advisory Board (EMAB). 

The Federal Advisory Committee Act 

(Pub. L. 92–463, 86 Stat. 770) requires 

that public notice of this meeting be 

announced in the Federal Register. 

DATES: Thursday, February 24, 2011, 

8:30 a.m.–5 p.m. 

ADDRESSES: Green Valley Ranch, 2300 

Paseo Verde Parkway, Henderson, 

Nevada 89052. 

FOR FURTHER INFORMATION CONTACT: 

Kristen G. Ellis, Designated Federal 

Officer, EMAB (EM–42), U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585. Phone (202) 

586–5810; fax (202) 586–0293 or e-mail: 

kristen.ellis@em.doe.gov. 


jlentini on DSKJ8SOYB1PROD with NOTICES