[Federal Register Volume 65, Number 188 (Wednesday, September 27, 2000)]
[Rules and Regulations]
[Pages 58182-58183]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-24716]



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Part IV





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 38



Southwestern Indian Polytechnic Institute (SIPI) Personnel System; 
Final Rule

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / 
Rules and Regulations

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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 38

RIN 1076-AE02


Southwestern Indian Polytechnic Institute (SIPI) Personnel System

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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

EFFECTIVE DATE: The new personnel system becomes operational on October 
27, 2000.

FOR FURTHER INFORMATION CONTACT: Dr. Carolyn Elgin, SIPI, 505-346-2347.

SUPPLEMENTARY INFORMATION: This final rule is published in the exercise 
of the authority delegated by the Secretary of the Interior to the 
Assistant Secretary--Indian Affairs by 209 DM 8.
    The Bureau of Indian Affairs is issuing this final rule in 
accordance with the Administrative Systems Act of 1998, Pub. L. 105-
337, to establish an alternative personnel system at SIPI. This 
personnel system will be a demonstration project to provide an 
alternative to OPM's government-wide personnel system. It 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 
classification 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 (i.e., retirement, health, life insurance and 
thrift savings plan) will be continued. The current annual and sick 
leave program will be continued. The personnel system will be in the 
excepted service and will specifically address the areas of 
classification, staffing, pay, performance, discipline and separation. 
Other areas of personnel such as leave, retirement, life insurance, 
health benefits, thrift savings, etc., will remain under the current 
jurisdiction of the Office of Personnel Management (OPM). All current 
employees of SIPI will be converted to the excepted service with no 
loss of pay under this personnel system.
    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.
    The 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.
    Proposed rulemaking to establish this project was published in the 
Federal Register on May 8, 2000 (65 FR 26727), and invited comments for 
30 days ending June 7, 2000. Comments were received from two 
individuals. The comments did not prompt any changes to the proposed 
rule.

Comments and Responses

    Comment 1: One commenter asked if pay under the new system would be 
based on experience and education and who would decide the pay.
    Response: No employee will lose any pay because of the change in 
pay systems. Some employees will be converted to a higher rate of pay 
based on the education and experience of the individual involved. This 
will be the result of the qualification requirements of the position 
which will be published in the Personnel Manual prior to the 
implementation of the demonstration project. These qualification 
standards were developed by the management of SIPI.
    Comment 2: A commenter asked if they transferred to another agency, 
would they go back to the GS pay system.
    Response: If the employee returns to another agency under the GS 
pay system, they would then return to the GS pay system.
    Comment 3: A commenter asked if they transferred to another agency, 
would the pay be set at their current pay under the demonstration 
project.
    Response: The receiving agency would determine the pay based on 
current guidelines.
    Comment 4: A commenter asked if all employees would be grand 
fathered into the new system.
    Response: All employees will be converted to the excepted service 
at the pay set by the new qualification standards. No one will lose 
pay.
    Comment 5: A commenter asked if an instructor with an Associate 
Degree at a grade GS-9 would be impacted.
    Response: All employees will be impacted by the conversion. No one 
will lose any pay. Some employees will receive raises.
    Comment 6: A commenter asked if it is possible that they will get a 
raise.
    Response: It is possible, depending on the particular qualification 
standards for your position.
    Comment 7: A commenter asked if SIPI would be following Part 38 of 
the CFR for Contract Educators.
    Response: Part 38, Title 25 of the Code of Federal Regulations 
(CFR) is the part of the CFR that covers the personnel system in the 
excepted service for the Bureau of Indian Affairs.
    Comment 8: A commenter wanted to know if the leave system would 
change from what it is currently under Title 5.
    Response: No, the leave system will remain the same.
    Comment 9: A commenter wanted to know if their eligibility for 
retirement would change with the new system.
    Response: The answer is no, nothing in the retirement system will 
change.
    Comment 10: A commenter asked if the employees would be told what 
portions of their experience will count for pay purposes under the new 
pay system.
    Response: The qualifications standards, classification standards, 
and pay levels for each position will be published in the personnel 
manual. They will be available for all to review.
    Comment 11: A commenter wanted to know who is management in SIPI.
    Response: The President, Deans, and Department Chairs are 
considered management.
    Comment 12: A commenter wanted to know if a GS-11 supervisor were a 
part of management.
    Response: A supervisor is a part of management. However, they may 
not have participated in the development of the various parts of the 
personnel manual.
    Comment 13: A commenter wanted to know if employees would still be 
furloughed each school year.
    Response: Since furloughs are budget driven, everything depends on 
the allocations made by Congress each session.

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Regulatory Planning and Review (E.O. 12866)

    This rule is not a significant regulatory action because it affects 
only a small number of employees (approximately 185) and have no 
additional affect on SIPI employees beyond the current approved budget. 
Therefore, this rule is not 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 this rule 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:
    (1) Does not have any annual effect on the economy beyond the 
current approved budget of less that $6 million.
    (2) Will not cause any increase in costs or prices for consumers, 
individual industries, Federal, State, or local government agencies, or 
geographic regions.
    (3) 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 (2 U.S.C. 1501, 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)

    This rule has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132. The 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,
    (3) Preempts state law.
    Therefore, the consultation and funding requirements of Executive 
Order 13132 do not apply.

Civil Justice Reform (E.O. 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 rule 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)

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

List of Subjects in 25 CFR Part 38

    Indians--education, personnel.

    For the reasons set out in the preamble, we are amending part 38 in 
chapter I of title 25 of the Code of Regulations as follows.

PART 38--EDUCATION PERSONNEL

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

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

    2. Add Sec. 38.15 to read as follows:


Sec. 38.15  Southwestern Indian Polytechnic Institute.

    (a) The Southwestern Indian Polytechnic Institute has an 
independent personnel system established under Public Law 105-337, the 
Administrative Systems Act of 1998, 112 Stat. 3171. The details of this 
system are in the Indian Affairs Manual (IAM) at Part 20. This manual 
system may be found in Bureau of Indian Affairs Regional and Agency 
Offices, Education Line Offices, and the Central Office in Washington, 
DC.
    (b) The personnel system is in the excepted service and addresses 
the areas of classification, staffing, pay, performance, discipline, 
and separation. Other areas of personnel such as leave, retirement, 
life insurance, health benefits, thrift savings, etc., remain under the 
jurisdiction of the Office of Personnel Management.

    Dated: September 19, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-24716 Filed 9-26-00; 8:45 am]
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