40458 Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices 

DEPARTMENT OF EDUCATION 

[Docket ID ED–2013–OSERS–0083] 

American Indian Vocational 

Rehabilitation Services Program; 

Notice of Tribal Consultation and 

Request for Comments 

AGENCY: Rehabilitation Services 

Administration, Office of Special 

Education and Rehabilitative Services, 

Department of Education. 

ACTION: Notice. 

SUMMARY: The Department seeks input 

from tribal officials, tribal governments, 

tribal organizations, and affected tribal 

members on the Department’s 

interpretation of the term ‘‘reservation’’ 

in section 121(c) of the Rehabilitation 

Act of 1973, as amended (Act). The 

Department is also exploring additional 

measures of consultation, including 

regional face-to-face meetings to be held 

in August and September of 2013. 

DATES: The Department must receive 

your comments on or before September 

3, 2013. 

ADDRESSES: Submit your comments 

through the Federal eRulemaking Portal 

or via postal mail, commercial delivery, 

or hand delivery. We will not accept 

comments submitted by fax or by email 

or those submitted after the comment 

period. To ensure that we do not receive 

duplicate copies, please submit your 

comments only once. 

In addition, please include the Docket 

ID at the top of your comments. 

• Federal eRulemaking Portal: Go to 

www.regulations.gov to submit your 

comments electronically. Information 

on using Regulations.gov, including 

instructions for accessing agency 

documents, submitting comments, and 

viewing the docket, is available on the 

site under ‘‘Are you new to the site?’’ 

• Postal Mail, Commercial Delivery, 

or Hand Delivery: If you mail or deliver 

your comments about this notice, 

address them to August Martin, U.S. 

Department of Education, 400 Maryland 

Avenue SW., Room 5049, Potomac 

Center Plaza (PCP), Washington, DC 

20202–2800. 

Privacy Note: The Department’s policy is 

to make all comments received from 

members of the public available for public 

viewing in their entirety on the Federal 

eRulemaking Portal at www.regulations.gov. 

Therefore, commenters should be careful to 

include in their comments only information 

that they wish to make publicly available. 

FOR FURTHER INFORMATION CONTACT: 

August Martin. Telephone: (202) 245– 

7410, or by email: 

august.martin@ed.gov. 

If you use a telecommunications 

device for the deaf (TDD) or a text 

telephone (TTY), call the Federal Relay 

Service (FRS), toll free, at 1–800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

Invitation to Comment: The 

Rehabilitation Services Administration 

(RSA) invites you to submit comments 

regarding this notice. Specifically, we 

invite comments regarding the effect of 

a possible change in how the 

Department interprets the definition of 

the term ‘‘reservation’’ that is used to 

determine eligibility for a grant under 

the American Indian Vocational 

Rehabilitation Services (AIVRS) 

program. 

Assistance to Individuals with 

Disabilities in Reviewing the Record: On 

request we will provide an appropriate 

accommodation or auxiliary aid to an 

individual with a disability who needs 

assistance to review the comments or 

other documents in the public record for 

this notice of tribal consultation. If you 

want to schedule an appointment for 

this type of accommodation or auxiliary 

aid, please contact the person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Background: On May 9, 2012, the U.S. 

Government Accountability Office 

(GAO) released a report, ‘‘Federal 

Funding for Non-Federally Recognized 

Tribes,’’ GAO–12–348 (available at 

www.gao.gov/products/GAO-12-348), in 

which a question was raised concerning 

the Department’s practice for 

determining eligibility under the AIVRS 

program. 

In this report, the GAO questioned 

whether the Department’s interpretation 

of the term ‘‘reservation,’’ when used in 

determining eligibility for grants under 

the AIVRS program, was broader than 

the term’s statutory definition. 

Specifically, the GAO noted that there 

are substantial questions about the 

eligibility for AIVRS program grants of 

State-recognized tribes that are not 

located on State reservations but on a 

defined and contiguous area of land 

where there is a concentration of tribal 

members and in which the tribe is 

providing structured activities and 

services, such as the tribal service areas 

identified in a tribe’s grant application. 

The GAO recommended that the 

Secretary review the eligibility 

requirements for AIVRS grants and take 

appropriate action on grants made to 

tribes that do not have Federal or State 

reservations. 

Therefore, the Department seeks input 

from tribal officials, tribal governments, 

tribal organizations, and affected tribal 

members regarding a possible change in 

the Department’s interpretation of 

‘‘reservation,’’ as that term is used in 

determining AVIRS program grant 

eligibility, and that would align with the 

GAO interpretation and include only 

those areas of land specifically listed in 

the statutory definition. 

This notice complies with Executive 

Order 13175, which requires tribal 

consultation and collaboration with 

tribal officials in the development of 

Federal policies that have tribal 

implications. 

The Definition of ‘‘Reservation’’: 

Section 121(a) of the Act (29 U.S.C. 

741) provides that eligible applicants for 

an AIVRS grant are the governing bodies 

of Indian tribes located on Federal and 

State reservations (and consortia of such 

governing bodies). Section 121(c) of the 

Act further provides that the term 

‘‘reservation’’ includes Indian 

reservations, public domain Indian 

allotments, former Indian reservations 

in Oklahoma, and land held by 

incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act. In its 

regulations in 34 CFR 371.4(b), the 

Department defines ‘‘reservation’’ as ‘‘a 

Federal or State Indian reservation, 

public domain Indian allotment, former 

Indian reservation in Oklahoma, and 

land held by incorporated Native 

groups, regional corporations and 

village corporations under the 

provisions of the Alaska Native Claims 

Settlement Act.’’ 

In interpreting the term ‘‘reservation,’’ 

the Department has included tribes that 

are located on a defined and contiguous 

area of land where there is a 

concentration of tribal members and in 

which the tribe is providing structured 

activities and services, such as the tribal 

service areas identified in a tribe’s grant 

application. Because the statutory 

definition of ‘‘reservation’’ uses the term 

‘‘include,’’ the Department has 

interpreted the term to mean that the list 

of land areas in the statutory definition 

is not exhaustive; and, as a result, the 

Department has the authority to include 

other land areas that are consistent with 

both the purpose of the program and the 

list of land areas provided in the statute. 

The Department is considering 

narrowing its interpretation of the 

statutory definition of ‘‘reservation’’ to 

align with the GAO interpretation, 

which would include only those areas 

of land specifically listed in the 

statutory definition—Indian 

reservations, public domain Indian 

allotments, former Indian reservations 

in Oklahoma, and land held by 

incorporated Native groups, regional 

corporations, and village corporations 

under the provisions of the Alaska 

Native Claims Settlement Act. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 129 / Friday, July 5, 2013 / Notices 40459 

With this possible change, federally 

recognized tribes without Federal 

reservations and State recognized tribes 

without State reservations (or other 

areas of land specifically listed in the 

statutory definition of ‘‘reservation’’) 

would no longer be eligible to apply for 

grants under the AIVRS program. 

Therefore, the Department is seeking 

comments that address three areas: 

(1) The Department is interested in 

the potential effect of limiting eligibility 

for AVIRS program grants to those 

Indian tribes (and consortia of tribes) 

located on Federal and State 

reservations and the other land areas 

specifically listed in the statutory 

definition of ‘‘reservation.’’ 

(2) For tribes that currently provide 

services under this program and that 

would not meet the revised 

interpretation of ‘‘reservation,’’ the 

Department is particularly interested in 

whether individuals currently receiving 

services from these tribes would 

continue to receive vocational 

rehabilitation services to assist them to 

return to work; and, if so, how and 

where the clients might obtain these 

services. 

(3) The Department is also interested 

in how a revised interpretation of 

‘‘reservation’’ would affect the pool of 

potential applicants for the AIVRS 

program, including tribes that have not 

previously applied but may consider 

applying for an AIVRS grant. 

Accessible Format: Individuals with 

disabilities can obtain this document in 

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

print, audiotape, or compact disc) on 

request to the contact person listed 

under FOR FURTHER INFORMATION

CONTACT. 

Electronic Access to This Document: 

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 via the Federal Digital System 

at: www.gpo.gov/fdsys. At this site 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). To use PDF you must 

have Adobe Acrobat Reader, which is 

available free at this site. 

You may also access documents of the 

Department published in the Federal 

Register by using the article search 

feature at: www.federalregister.gov. 

Specifically, through the advanced 

search feature at this site, you can limit 

your search to documents published by 

the Department. 

Dated: July 1, 2013. 

Michael K. Yudin, 

Delegated the authority to perform the 

functions and duties of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

[FR Doc. 2013–16190 Filed 7–3–13; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Applications for New Awards; 

Technical Assistance and 

Dissemination To Improve Services 

and Results for Children With 

Disabilities and the Safe and Drug-Free 

Schools and Communities Program— 

National Technical Assistance Center 

on Positive Behavioral Interventions 

and Supports 

AGENCY: Office of Special Education and 

Rehabilitative Services, Office of 

Elementary and Secondary Education, 

Department of Education. 

ACTION: Notice. 

Overview Information 

Technical Assistance and 

Dissemination To Improve Services and 

Results for Children With Disabilities 

and the Safe and Drug-Free Schools and 

Communities Program—National 

Technical Assistance Center on Positive 

Behavioral Interventions and Supports 

(PBIS) 

Notice inviting applications for a new 

award for fiscal year (FY) 2013. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.326S. 

DATES:

Applications Available: July 5, 2013. 

Deadline for Transmittal of 

Applications: August 19, 2013. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Programs: The purpose of 

the Technical Assistance and 

Dissemination To Improve Services and 

Results for Children With Disabilities 

program is to promote academic 

achievement and to improve results for 

children with disabilities by providing 

technical assistance (TA), supporting 

model demonstration projects, 

disseminating useful information, and 

implementing activities that are 

supported by scientifically based 

research. 

The Safe and Drug-Free Schools and 

Communities program provides support 

to State educational agencies (SEAs) for 

a variety of drug-abuse- and violenceprevention activities focused primarily 

on school-age youths. 

Priorities: This notice includes two 

absolute priorities. In accordance with 

34 CFR 75.105(b)(2)(v), absolute priority 

1 is from allowable activities specified 

or otherwise authorized in the 

Individuals With Disabilities Education 

Act (IDEA) (see sections 663 and 681(d) 

of the IDEA, 20 U.S.C. 1463 and 

1481(d)). We are establishing absolute 

priority 2 under the authority in section 

4121 of the Elementary and Secondary 

Education Act of 1965, as amended, and 

in accordance with section 437(d)(1) of 

the General Education Provisions Act 

(GEPA) (20 U.S.C. 7131; 20 U.S.C. 

1232(d)(1). 

Absolute Priorities: These priorities 

are absolute priorities. Under 34 CFR 

75.105(c)(3), we consider only 

applications that meet these priorities. 

These priorities are: 

Absolute Priority 1—Technical 

Assistance and Dissemination To 

Improve Services and Results for 

Children With Disabilities—National 

Technical Assistance Center on Positive 

Behavioral Interventions and Supports 

(PBIS) 

Background 

The purpose of this priority is to fund 

a cooperative agreement to support the 

establishment and operation of a 

National Technical Assistance Center on 

Positive Behavioral Interventions and 

Supports (PBIS) (Center). The Center 

will assist SEAs and local educational 

agencies (LEAs) to develop, implement, 

scale-up, and sustain school-wide 

frameworks for positive behavioral 

interventions and supports that will 

help improve student behavior and 

school climate and help students with 

disabilities and their non-disabled peers 

remain engaged in learning. 

PBIS Frameworks in General 

The term ‘‘positive behavioral 

interventions and supports’’ (PBIS) was 

first used in a priority published by the 

Department in 1997, and it is currently 

used in the Individuals with Disabilities 

Education Act (IDEA) (e.g., sections 

601(c)(5)(F), 611(e)(2)(C)(iii), 

614(d)(3)(B)(i), 662(b)(2)(A)(v), and 665). 

We do not use ‘‘PBIS’’ to mean any 

specific program or curriculum. Rather, 

we use the term generically to reference 

a multi-tiered behavioral framework 

used to improve the integration and 

implementation of behavioral practices, 

data-driven decisionmaking systems, 

professional development opportunities, 

school leadership, supportive SEA and 

LEA policies, and evidence-based 

instructional strategies. A PBIS 

framework helps to improve behavioral 

and academic outcomes by improving 

school climate, preventing problem 

behavior, increasing learning time, 


tkelley on DSK3SPTVN1PROD with NOTICES