17602 Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices

Applicable Regulations

The following regulations apply to the

Federal Work-Study program:

(1) Student Assistance General

Provisions, 34 CFR Part 668.

(2) Federal Work-Study Programs, 34

CFR Part 675.

(3) Institutional Eligibility Under the

Higher Education Act of 1965, as

amended, 34 CFR Part 600.

(4) New Restrictions on Lobbying, 34

CFR Part 82.

(5) Government Debarment and

Suspension (Nonprocurement) and

Government Requirements for Drug-Free

Workplace (Grants), 34 CFR Part 85.

(6) Drug-Free Schools and Campuses,

34 CFR Part 86.

FOR FURTHER INFORMATION CONTACT: To

receive information, contact Ms. Sandra

Donelson, Institutional Financial

Management Division, U.S. Department

of Education, P.O. Box 23781

Washington, D.C. 20026–0781.

Telephone (202) 708–9751. Individuals

who use a telecommunications device

for the deaf (TDD) may call the Federal

Information Relay Service (FIRS) at 1–

800–877–8339 between 8 a.m. and 8

p.m., Eastern time, Monday through

Friday.

Authority: 42 U.S.C. 2753.

Dated: March 21, 1997.

David A. Longanecker,

Assistant Secretary, for Postsecondary

Education.

[FR Doc. 97–9184 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

DEPARTMENT OF EDUCATION

President’s Board of Advisors on

Historically Black Colleges and

Universities; Meeting

AGENCY: President’s Board of Advisors

on Historically Black Colleges and

Universities, Education.

ACTION: Notice of meeting.

SUMMARY: This notice sets forth the

schedule and agenda of the initial

meeting of the President’s Board of

Advisors on Historically Black Colleges

and Universities. This notice also

describes the functions of the Board.

Notice of this meeting is required under

Section 10(a)(2) of the Federal Advisory

Committee Act.

DATES AND TIMES: Tues. May 6, 1997

from 2:00 pm to 5:00 pm, and Wed. May

7, 1997 from 9:00 am to 5:00 pm.

ADDRESSES: Sheraton City Centre Hotel,

1143 New Hampshire Av. NW,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Amy Billingsley, White House Initiative

on Historically Black Colleges and

Universities, U.S. Department of

Education, 600 Independence Avenue,

SW, The Portals Building, Suite 605,

Washington, DC 20202–5120.

Telephone: (202) 708–8667.

SUPPLEMENTARY INFORMATION: The

President’s Board of Advisors on

Historically Black Colleges and

Universities is established under

Executive Order 12876 of November 1,

1993. The Board is established to advise

on the financial stability of Historically

Black Colleges and Universities, to issue

an annual report to the President on

HBCU participation in Federal

programs, and to advise the Secretary of

Education on increasing the private

sector role in strengthening HBCUs.

The meeting of the Board is open to

the public. The agenda includes:

discussion of the Board’s Report,

overview of White House Initiative

activities, and discussion on status of

Black colleges.

Records are kept of all Board

proceedings, and are available for public

inspection at the White House Initiative

on Historically Black Colleges and

Universities at 1250 Maryland Ave. SW,

Washington, DC 20224, from the hours

of 8:30 am to 5:00 pm.

Dated: April 4, 1997.

David A. Longanecker,

Assistant Secretary for Postsecondary

Education.

[FR Doc. 97–9212 Filed 4–9–97; 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

August 30, 1996, an arbitration panel

rendered a decision in the matter of The

State of Nevada, Bureau of Services to

the Blind v. U.S. Department of Interior,

Bureau of Reclamation (Docket No. R-S/

95–3). This panel was convened by the

U.S. Department of Education pursuant

to 20 U.S.C. 107d-1(b), upon receipt of

a complaint filed by the State of Nevada,

Bureau of Services to the Blind.

FOR FURTHER INFORMATION CONTACT: A

copy of the full text of the arbitration

panel decision may be obtained from

George F. Arsnow, U.S. Department of

Education, 600 Independence Avenue,

S.W., Room 3230, Mary E. Switzer

Building, Washington, D.C. 20202–2738.

Telephone: (202) 205–9317. Individuals

who use a telecommunications device

for the deaf (TDD) may call the TDD

number at (202) 205–8298.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

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

publishes in the Federal Register a

synopsis of arbitration panel decisions

affecting the administration of vending

facilities on Federal and other property.

Background

The State of Nevada, Bureau of

Services to the Blind, the State licensing

agency (SLA), alleged that the

Department of Interior, Bureau of

Reclamation (Reclamation) violated the

Randolph-Sheppard Act (the Act),

pursuant to 20 U.S.C. 107 et seq. and

implementing regulations in 34 CFR

Part 395.

The SLA established three vending

facilities under permit at the Hoover

Dam near Boulder City, Nevada. Two of

the vending facilities (the Hoover Dam

Snacketeria and the Nevada Lookout

Point, which is also known as the

Hoover Dam Store) were established in

1981. The third location, known as the

Arizona Lookout Point, was established

in 1982.

The SLA’s allegations are as follows:

Reclamation notified the SLA of its

intention to terminate the permits of the

three facilities. Reclamation then sent

the SLA, for its approval, a Special Use

Agreement limited to 10 years and

requiring the blind vendors to pay a fee

of 10 percent of the gross sales in

addition to rent.

Subsequently, the SLA was informed

by Reclamation that it would solicit

open bids for concessions at the Hoover

Dam if the SLA did not sign the Special

Use Agreement. In addition, the SLA

discovered in January 1995 that

Reclamation had operated vending

machines at the Hoover Dam

independently of the blind vendors

since January 1, 1975. Reclamation had

never paid the SLA vending machine

income as required under the Act.

Conversely, Reclamation alleged as

follows: The Randolph-Sheppard Act

does not require vending facilities in the

parking ramp or the Visitors Center and,

therefore, the SLA may operate vending

facilities at this site only upon terms

that are mutually agreeable. Further, the

Act does not require Reclamation to pay

for alleged relocation and other costs

attendant to any move that might occur.

In addition, Reclamation is not

responsible for more than 30 percent of

any vending revenues at the Hoover

Dam because the Visitors Center and

parking ramp would house fewer than
Federal Register / Vol. 62, No. 69 / Thursday, April 10, 1997 / Notices 17603

100 Federal employees during normal

working hours.

On March 6, 1996, the SLA filed a

request with the Secretary of Education

to convene an arbitration panel

pursuant to the Act and regulations.

On January 23 and 24, 1996, an

arbitration hearing was held concerning

the SLA’s charges of alleged violations

of the Act and regulations by

Reclamation. The issues heard by the

panel were—(1) Whether Reclamation

was responsible for certain relocation

costs of two vending facilities at the

Hoover Dam; (2) whether Reclamation

was required to provide a suitable site

to blind vendors in the newly

constructed parking garage or Visitors

Center at the Hoover Dam and to pay for

relocation costs, architectural fees, and

other associated costs; (3) whether

Reclamation is required to comply with

the vending machine income-sharing

provisions of the Act and implementing

regulations; and (4) whether the SLA

lost its right to claim income from

vending machines based upon waiver,

estoppel, or laches?

Arbitration Panel Decision

The majority of the Arbitration Panel

found that, while Reclamation was not

responsible for relocation costs, it was

nevertheless responsible for providing

suitable sites to the blind licensees

operating the Hoover Dam Store and the

Hoover Dam Snacketeria in the newly

constructed facility under the existing

indefinite permits, without additional

payments of rent and commissions on

sales to Reclamation. The panel stated

that Reclamation may not require, as a

condition of continuing or establishing

a vending facility in the parking ramp

or at the Arizona Lookout, the payment

of commissions on sales, rent, or other

charges not included in the indefinite

permit, nor can Reclamation require the

SLA or the vendors to sign any timelimited contract, special use agreement,

or other document of this kind.

The panel concluded that to require

the SLA to pay rent and commissions on

sales would be a violation of 34 CFR

395.31(d) and would be inconsistent

with the ruling in State of Minnesota,

Department of Jobs and Training v.

Riley, 18 Fd.3rd 606 (8th Cir. 1994).

The panel further found that

Reclamation will move, at its expense,

the stock and equipment owned by the

blind licensees operating the Hoover

Dam Snacketeria and the Hoover Dam

Store from the temporary facilities to the

new location in the parking ramp and

provide space consistent with

discussions held with the SLA. The SLA

will bear the responsibility of the cost

to complete the internal space.

In addition, the panel ruled that

pursuant to 34 CFR 395.32 (a) and (d)

Reclamation is liable to the SLA for 30

percent of all vending machine income

derived since January 2, 1975, from the

machines located inside the Hoover

Dam. Therefore, Reclamation will

identify and account for the revenues

earned since that date that are owed.

One panel member dissented from the

majority opinion.

The views and opinions expressed by

the panel do not necessarily represent

the views and opinions of the U.S.

Department of Education.

Dated: April 4, 1997.

Judith E. Heumann,

Assistant Secretary for Special Education and

Rehabilitative Services.

[FR Doc. 97–9182 Filed 4–9–97; 8:45 am]

BILLING CODE 4000–01–P

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

November 20, 1996, an arbitration panel

rendered a decision in the matter of

Valerie Hazimeh v. Massachusetts

Commission for the Blind (Docket No.

R–S/96–1). This panel was convened by

the U.S. Department of Education

pursuant to 20 U.S.C. 107d–1(a), upon

receipt of a complaint filed by

petitioner, Valerie Hazimeh.

FOR FURTHER INFORMATION CONTACT: A

copy of the full text of the arbitration

panel decision may be obtained from

George F. Arsnow, U.S. Department of

Education, 600 Independence Avenue,

S.W., Room 3230, Mary E. Switzer

Building, Washington D.C. 20202–2738.

Telephone: (202) 205–9317. Individuals

who use a telecommunications device

for the deaf (TDD) may call the TDD

number at (202) 205–8298.

SUPPLEMENTARY INFORMATION: Pursuant

to the Randolph-Sheppard Act (20

U.S.C. 107d–2(c)), 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

Ms. Valerie Hazimeh, complainant,

operated a concession/vending facility

at the Chelsea Soldier’s Home in

Massachusetts in the Spring of 1995.

The operation of this facility included

the selling of lottery tickets.

In May 1995, the Massachusetts

Commission for the Blind, the State

licensing agency (SLA), advertised an

opening of a vending location at the

Department of Veterans Affairs (DVA)

Medical Center, 7th floor, 251 Causeway

Street, Boston, Massachusetts. The

advertisement of this location indicated

that a lottery license would be required

for the sale of lottery tickets.

Subsequently, on June 15, 1995, the

SLA awarded the DVA Medical Center

vending facility to the complainant. Ms.

Hazimeh signed an operator’s agreement

for this location with the understanding

that the sale of lottery tickets was

allowed, as she already was a licensed

dealer of lottery tickets and had made

lottery sales at her former vending

facility location.

On June 26, 1995, DVA informed the

SLA that it would no longer allow

lottery sales at the Medical Center

vending facility due to the fact that the

Center treated persons with addictive

disorders, including gambling.

Following DVA’s denial of the lottery

sales at the Medical Center, the SLA

attempted to persuade the DVA to

reverse its decision. However, DVA

maintained its June 26, 1995, position

suspending lottery sales.

The complainant alleged that the

number of persons affected by a

gambling addiction was small and that

the permit agreement between DVA and

the SLA specifically allowed for the sale

of Massachusetts lottery tickets. The

complainant requested that the SLA file

for an arbitration against DVA, alleging

failure of DVA to comply with the

permit under the provisions of the

Randolph-Sheppard Act (the Act), 20

U.S.C. 107 et seq. The SLA decided not

to file for arbitration against DVA.

However, the SLA offered Ms. Hazimeh

an opportunity to return to her former

vending location, where lottery sales

were permitted, and to bid on the next

available location that would allow

lottery sales.

The complainant rejected the SLA’s

offer and filed a request for a fair

hearing, which was conducted on

November 20, 1995, before an impartial

hearing officer. The hearing officer’s

ruling affirmed the SLA’s decision not

to file for arbitration against DVA. The

hearing officer ruled that the

complainant failed to sustain the burden

of proof that the SLA was obligated to

file for an arbitration against DVA on

her behalf. Further, the hearing officer

ruled that the SLA’s decision not to file

for arbitration against DVA was within

its discretion pursuant to 34 CFR

395.37(a).