58182 Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations

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.

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.

Federal Register / Vol. 65, No. 188 / Wednesday, September 27, 2000 / Rules and Regulations 58183

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 § 38.15 to read as follows:

§ 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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