15446 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules

(2) Elevator Trim and Elevator/Flap

Interconnect Control Rods: Modification No.

6/1785;

(3) Aileron Control Rods: Modification No.

6/1791;

(4) Elevator Control Rods: Modification No.

6/1792; and

(5) Rudder Control Rods; Modification No.

6/1802.

Note 2: The specific part numbers of the

2024–T3 or 2024–T81 control and

interconnect control rods and their 6061–T6

replacement part numbers are contained in

de Havilland SB No. 6/502, dated March 24,

1989.

(b) Within 2,400 hours TIS after the

replacement required by paragraph (a) of this

AD, and thereafter at intervals not to exceed

2,400 hours TIS, inspect all the affected

control rods for cracks in accordance with

the ACCOMPLISHMENT INSTRUCTIONS

section of de Havilland SB No. 6/390,

Revision E, dated December 20, 1991; or de

Havilland SB No. 6/388, Revision C, dated

October 29, 1982, as applicable. Prior to

further flight, replace any cracked rod with

a new 6061–T6 rod as specified in and in

accordance with the ACCOMPLISHMENT

INSTRUCTIONS section of de Havilland SB

No. 6/502, dated March 24, 1989.

(c) Special flight permits may be issued in

accordance with sections 21.197 and 21.199

of the Federal Aviation Regulations (14 CFR

21.197 and 21.199) to operate the airplane to

a location where the requirements of this AD

can be accomplished.

(d) An alternative method of compliance or

adjustment of the compliance time that

provides an equivalent level of safety may be

approved by the Manager, New York Aircraft

Certification Office (ACO), 10 Fifth Street,

3rd Floor, Valley Stream, New York 11581.

The request shall be forwarded through an

FAA Maintenance Inspector, who may add

comments and then send it to the Manager,

New York ACO.

Note 3: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the New York ACO.

(e) All persons affected by this directive

may obtain copies of the documents referred

to herein upon request to de Havilland, Inc.,

123 Garratt Boulevard, Downsview, Ontario,

Canada, M3K 1Y5; or may examine these

documents at the FAA, Central Region, Office

of the Assistant Chief Counsel, Room 1558,

601 E. 12th Street, Kansas City, Missouri

64106.

(f) This amendment supersedes AD 80–13–

11 R2, Amendment 39–4703, and AD 80–03–

08, Amendment 39–3682.

Issued in Kansas City, Missouri, on March

26, 1997.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 97–8252 Filed 3–31–97; 8:45 am]

BILLING CODE 4910–13–U

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 41

RIN 1076–AD08

Grants to Tribally Controlled

Community Colleges and Navajo

Community College

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Proposed rule.

SUMMARY: The Bureau of Indian Affairs

(BIA) is proposing to revise part 41 to

improve the clarity of the regulations

and understanding of the public as

mandated by Executive Order 12866.

The regulations have been reorganized

and rewritten in plain English.

DATES: Comments must be received on

or before June 2, 1997.

ADDRESSES: Mail comments to Joann S.

Morris, Director, Office of Indian

Education Programs, Bureau of Indian

Affairs, Department of the Interior, 1849

C St. NW, Mail Stop 3512–MIB,

Washington, D.C. 20240; or, hand

deliver them to Room 3512 at the above

address. Comments will be available for

inspection at this address from 9:00 a.m.

to 4:00 p.m., Monday through Friday

beginning approximately April 15, 1997.

FOR FURTHER INFORMATION CONTACT:

Garry R. Martin, Office of Indian

Education Programs, Bureau of Indian

Affairs at telephone (202) 208–4871.

SUPPLEMENTARY INFORMATION: The

authority to issue rules and regulations

is vested in the Secretary of the Interior

by 5 U.S.C. 301 and sections 463 and

465 of the Revised Statutes, 25 U.S.C. 2

and 9.

Publication of the proposed rule by

the Department of the Interior

(Department) provides the public an

opportunity to participate in the

rulemaking process. Interested persons

may submit written comments regarding

the proposed rule to the location

identified in the ‘‘addresses’’ section of

this document.

Executive Order 12988

The Department has certified to the

Office of Management and Budget

(OMB) that the proposed rule meets the

applicable standards provided in

sections 3(a) and 3(b)(2) of Executive

Order 12988.

Executive Order 12866

This proposed rule is not a significant

regulatory action under Executive Order

12866.

Regulatory Flexibility Act

This proposed rule will not have a

significant economic impact on a

substantial number of small entities

under the Regulatory Flexibility Act (5

U.S.C. 601 et seq.).

Executive Order 12630

The Department has determined that

this proposed rule does not have

‘‘significant’’ takings implications. The

proposed rule does not pertain to

‘‘taking’’ of private property interests,

nor does it impact private property.

Executive Order 12612

The Department has determined that

this proposed rule does not have

significant Federalism effects because it

pertains solely to Federal-tribal relations

and will not interfere with the roles,

rights and responsibilities of States.

NEPA Statement

The Department has determined that

this proposed rule does not constitute a

major Federal action significantly

affecting the quality of the human

environment and that no detailed

statement is required under the National

Environmental Policy Act of 1969.

Unfunded Mandates Act of 1995

This proposed rule imposes no

unfunded mandates on any

governmental or private entity and is in

compliance with the provisions of the

Unfunded Mandates Act of 1995.

Paperwork Reduction Act of 1995

As required by the Paperwork

Reduction Act of 1995 (44 U.S.C.

3507(d), the Department of the Interior

has submitted a copy of these sections

to the Office of Management and Budget

(OMB) for its review.

All information is to be collected

annually from each applicant. The

annual reporting and recordkeeping

burden for this collection of information

is estimated to average 3 hours for each

response for 24 respondents, including

the time for reviewing instructions,

searching existing data sources,

gathering and maintaining the data

needed, and completing and reviewing

the collection of information. The total

annual reporting and recordkeeping

burden for this collection is estimated to

be 72 hours.

Organizations and individuals

desiring to submit comments on the

information collection requirement

should direct them to the Office of

Information and Regulatory Affairs,

OMB, Room 10202, New Executive

Office Building, Washington, D.C.

20503; Attention: Desk Officer for the

U.S. Department of the Interior.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules 15447

The Department considers comments

by the public on this proposed

collection of information in:

Evaluating whether the proposed

collection of information is necessary

for the proper performance of the

functions of the Department, including

whether the information will have

practical utility;

Evaluating the accuracy of the

Department’s estimate of the burden of

the proposed collection of information,

including the validity of the

methodology and assumptions used;

Enhancing the quality, usefulness,

and clarity of the information to be

collected; and

Minimizing the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

collection techniques or other forms of

information technology.

OMB is required to make a decision

concerning the collection of information

contained in these proposed regulations

between 30 and 60 days after

publication of this document in the

Federal Register. Therefore, a comment

to the OMB is best assured of having its

full effect if OMB receives it within 30

days of publication. This does not affect

the deadline for the public to comment

to the Bureau of Indian Affairs on the

proposed regulations.

Drafting Information

The primary author of this document

is Garry R. Martin, Office of Indian

Education Programs, Bureau of Indian

Affairs, Department of the Interior.

List of Subjects in 25 CFR Part 41

Indians—tribally controlled colleges;

Indians—educational grants.

For the reasons given in the preamble,

part 41 in Chapter I of Title 25 of the

Code of Federal Regulations is proposed

to be revised as set forth below:

PART 41—GRANTS TO TRIBALLY

CONTROLLED COMMUNITY

COLLEGES AND NAVAJO

COMMUNITY COLLEGE

General Provisions

Sec.

41.1 What does this part cover?

41.2 What terms are used in this part?

41.3 Where do grant funds come from?

41.4 How is the TCCC’s annual budget

requested?

41.5 What fairness provisions apply to this

part?

41.6 How do the requirements of part 276

apply to this part?

Establishing Eligibility

41.10 Who can receive a grant under this

part?

41.11 How must grant funds be used?

41.12 How does the Director determine who

is eligible for a grant?

41.13 If a TCCC is eligible, when can it

receive funding?

41.14 How can a TCCC appeal a finding of

ineligibility?

41.15 Is a TCCC’s eligibility ever reviewed?

Applying for a Title I Grant

41.20 How can a Title I TCCC apply for a

grant?

41.21 How will the TCCC hear if it has

received a grant?

41.22 What happens if the Director

disapproves an application?

41.23 What additional documentation is

required after a grant is approved?

41.24 Are there criminal penalties for

making false statements on an

application?

Counting Students and Measuring Progress

41.30 What procedures are used to count

students?

41.31 Must TCCCs have standards for

measuring progress?

Applying for a Title II Grant

41.40 What is Navajo Community College’s

grant entitlement?

41.41 How does NCC apply for its grant

under Title II?

41.42 What other provisions apply to NCC’s

grant?

Grant Payments

41.50 What general limitation applies to

grant payments?

41.51 How will BIA determine the per

capita payment for Title I TCCCs?

41.52 What are the per capita payment

procedures?

41.53 How must the TCCC handle interest

or investment income?

41.54 How is other funding that a TCCC

may receive affected by funding received

under this part?

41.55 What about grant overpayments/

underpayments?

Technical and Planning Assistance

41.60 Are there any funds for technical

assistance?

41.61 Are planning grants available?

41.62 How can a tribe or tribal entity apply

for a planning grant?

41.63 How will a tribe or tribal entity know

if it has received a planning grant?

41.64 What is required in a study made

with a planning grant?

41.65 What will happen to unused planning

grant funds?

41.66 What assistance will BIA provide

TCCCs in determining their needs and

costs?

Endowment Funds

41.70 When is a TCCC entitled to receive

endowment funds?

41.71 How can a TCCC obtain endowment

funds?

41.72 What requirements must an

endowment trust fund meet?

41.73 How does a TCCC apply to

participate in the endowment program?

41.74 What action will the Director take on

applications?

41.75 What happens if a TCCC is overpaid

under the endowment program?

41.76 What assets may a TCCC use to

comply with the matching requirement?

41.77 How is the value of donated real or

personal property established?

41.78 What happens if real or personal

property that the TCCC uses to comply

with the matching requirement is sold or

disposed of?

41.79 How will BIA match the value of

property or capital contributions?

41.80 What procedures will BIA follow

when there are additional funds for the

endowment program?

Appeals

41.90 What appeal rights do TCCCs have

under this part?

Required Reports

41.95 What reports are required?

41.96 Are there requirements for

information collection?

Authority: 25 U.S.C. 1801–1852; 25 U.S.C.

640a–640c–3

General Provisions

§ 41.1 What does this part cover?

The Congress of the United States has

required the Department of Interior to

provide funding for the establishment,

operation, and improvement of Tribally

Controlled Community Colleges

(TCCCs) to ensure the growth of

educational opportunities for Indian

people. This part contains procedures

for providing funding and technical

assistance as authorized by the Tribally

Controlled Community College

Assistance Act of 1978 (Act), as

amended, and the Navajo Community

College Act of 1971, as amended.

§ 41.2 What terms are used in this part?

Ability to benefit means that a person

without a high school diploma or its

equivalent and whose age is beyond the

States compulsory attendance law may

be admitted conditionally as a special

student in an educational program. All

higher education institutions must

establish, publish, and apply reasonable

standards for the student to benefit

which will include testing that

measures the student’s aptitude to

successfully complete the course in

which he/she is enrolled.

Academic facilities means structures

used for classroom instruction, program

administration and maintenance at an

institution of higher education. This

includes buildings used for academic,

vocational, and cultural instruction;

dormitories; service buildings used for

storage or utilities essential to the

operation of these facilities; and the

campus grounds.
15448 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules

Academic term means a semester,

quarter, trimester, or other period that

the TCCC refers to as a division of its

academic year.

Academic year means a period

established by a tribal college as the

annual period of operation of its

education programs.

Act means Title I and Title II of the

Tribally Controlled Community College

Assistance Act of 1978, Public Law 95–

471; 92 Stat. 1325, 25 U.S.C. 1801 et

seq., as amended.

Assistant Secretary means the

Assistant Secretary—Indian Affairs or

his/her designee.

BIA means the Bureau of Indian

Affairs, U.S. Department of the Interior.

Director means the Director, Office of

Indian Education Programs (OIEP),

Bureau of Indian Affairs or his/her

designee.

Endowment fund means an interest

bearing account established by a TCCC

that:

(1) Is exempt from taxation;

(2) Is maintained for the purpose of

generating income for the support of the

TCCC; and

(3) May include real and personal

property (buildings, land, and money).

Indian means a person who is a

member of an Indian tribe and is eligible

to receive services from the Secretary of

the Interior because of his/her status as

an Indian.

Indian student count (ISC) means a

number equal to the total number of

Indian students enrolled in each TCCC,

determined on the basis of the quotient

of the sum of the credit hours of all the

Indian students enrolled, divided by

twelve (full-time equivalency). The total

(ISC) is then divided by two (semesters)

or three (quarters) to determine the

annual (ISC) which is used as the basis

for fund distribution.

Indian tribe means any Indian tribe,

band, nation, or other organized group

or community, including any Alaskan

native village or regional or village

corporation as defined in, or established

pursuant to, the Alaskan Native Claims

Settlement Act, which is recognized as

eligible for the special programs and

services provided by the United States

to Indians because of their status as

Indians.

Institution of higher education means

an institution of higher education as

defined by section 1201(a) of the Higher

Education Act of 1965, except clause (2)

of that section will not be applicable.

Per capita payment means the

payment derived by dividing the

amount appropriated by Congress by the

sum of all ISC’s and then multiplying

the quotient by the ISC for each TCCC.

Personal property means property of

any kind except real property. It may be

tangible—having physical existence, or

intangible—having no physical

existence such as patents, inventions,

and copyrights.

Real property means land, land

improvements, structures, and

appendages thereto, excluding

removable personal property, machinery

and equipment.

Regular student means a person who

has a high school diploma or GED and

is enrolled in an educational program.

Satisfactory progress means that the

student is making sufficient

advancement in his/her field of study in

accordance with the standards of the

college.

Secretary means the Secretary of the

Interior, or his/her authorized

representative.

Third week means the period

beginning with the registration date as

published by the college for each

academic session and ending 21

calendar days later.

Title I means Title I of the Tribally

Controlled Community College

Assistance Act of 1978, which governs

grants to tribally controlled community

colleges other than NCC.

Title II means Title II of the Tribally

Controlled Community College

Assistance Act of 1978, which governs

grants to NCC.

Tribally controlled community college

(TCCC) means an institution of higher

education that is formally controlled,

sanctioned, or chartered by the

governing body of an Indian tribe or

tribes, except that no more than one

institution will be recognized with

respect to any single tribe.

Unused funds means the amount of

funds provided to a TCCC under this

part that has not been obligated or

expended by the TCCC by the end of the

fiscal year for which funds were

received.

§ 41.3 Where do grant funds come from?

Grant funds are subject to the

availability of appropriations and may

be drawn from:

(a) General administrative

appropriations to the Secretary; or

(b) Not more than 5 percent of the

funds appropriated to carry out

§§ 41.50–41.55.

§ 41.4 How is the TCCC’s annual budget

requested?

The annual budget request for TCCCs

must be identified separately in the BIA

Budget justifications. Funds

appropriated for grants under this part

must not be commingled with other

appropriations historically expended by

the BIA.

§ 41.5 What fairness provisions apply to

this part?

(a) Services or assistance provided to

Indians by TCCCs aided under this part

must be provided in a fair and uniform

manner.

(b) No TCCC may deny admission to

any Indian student because he/she is or

is not a member of a specific Indian

tribe.

§ 41.6 How do the requirements of part 276

apply to this part?

Except as otherwise provided in this

part, a TCCC must comply with part 276

of this Title, subject to express waiver

of specific inappropriate provisions of

part 276 that may be granted by the

Assistant Secretary after request and

justification by the TCCC.

Establishing Eligibility

§ 41.10 Who can receive a grant under this

part?

A TCCC may receive grants if it:

(a) Was established or otherwise

sanctioned or chartered by resolution,

ordinance, or other official action of the

governing body of an Indian tribe or

tribes;

(b) Is governed by a board of directors

or a board of trustees a majority of

whom are Indians;

(c) Adheres to a philosophy, plan of

operation, and stated goals that are

designed to meet Indian needs;

(d) Has been in operation for more

than one year and has a majority of

students who are Indians;

(e) Admits as regular students persons

who have a certificate of graduation

from a school providing secondary

education; or a recognized equivalent of

such a certificate, i.e., General

Education Development (GED); or who

are beyond the compulsory school

attendance age for the State in which

the institution is located and who have

the ability to benefit from the training

offered by the institution;

(f) Provides an educational program

resulting in certificates, associate,

baccalaureate, and graduate degrees;

(g) Is a nonprofit and nonsectarian

institution;

(h) Is accredited by a nationally

recognized accreditation agency or

association or, if not accredited:

(1) The Secretary has determined that

there is satisfactory assurance that the

TCCC will meet the standards of an

accreditation agency or association

within a reasonable time; or

(2) The TCCC’s credits are accepted,

on transfer, by not less than three

accredited institutions for credit on the

same basis as if transferred from an

accredited institution.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules 15449

§ 41.11 How must grant funds be used?

Grants made under this part must be

used for the general operating costs of

the TCCC to defray, at the determination

of the TCCC, expenditures for academic,

educational, and administrative

purposes, and for the operation and

maintenance of the college. Funds

provided under this part must not be

used in connection with religious

worship or sectarian instruction.

§ 41.12 How does the Director determine

who is eligible for a grant?

A TCCC may receive grants under this

part only after the Director makes a

positive determination of eligibility as

provided in this section.

(a) The governing body of a tribe or

tribes that sponsor a TCCC wishing to

receive a grant must submit a resolution

requesting to the Director.

(b) Within 30 days of receiving the

resolution referred to in paragraph (a) of

this section, the Director will designate

a study team. Within 60 days the study

team must complete an eligibility study

to determine whether there is

justification for maintaining a college

for the tribe(s). The Director will submit

a summary of the study and the decision

to:

(1) The tribal governing body or

bodies requesting the study; and

(2) The board of directors, regents, or

trustees of the college.

(c) The eligibility study will give

consideration to the following factors:

(1) The existence of a college;

(2) Financial feasibility determination

based upon an ISC that will support a

TCCC;

(3) Low levels of tribal matriculation

in and graduation from other postsecondary educational institutions;

(4) Tribal, linguistic, or cultural

differences;

(5) Relative isolation from other postsecondary institutions due to factors

such as climate, roads, topography, etc.;

(6) Availability of alternate education

sources in the service area;

(7) Proposed curriculum appropriate

for Indian post-secondary education;

(8) Demonstrated adherence to a plan

of operation, philosophy, or goals

designed to meet the needs of Indians;

(9) Instructors’ qualifications (their

degrees and evidence of expertise in

their fields of teaching);

(10) Administrative and support

staffs’ ability to sustain the teaching

faculty and operation and maintenance

of the facility;

(11) Ability to account for the funds

made available under the Act and use

them efficiently; and

(12) Adherence to the requirements of

§ 41.10.

§ 41.13 If a TCCC is eligible, when can it

receive funding?

If the Director finds a TCCC eligible

and the TCCC complies with section

41.7 of the Act, the TCCC will be

eligible for funding beginning with the

next fiscal year.

§ 41.14 How can a TCCC appeal a finding

of ineligibility?

If the Director finds a TCCC ineligible,

he/she must notify the tribe within 60

days. The tribe may file a notice of

appeal with the Assistant Secretary

under § 41.90. A negative determination

will not prevent a tribe from requesting

another eligibility study, but the

application for a new study will not be

accepted sooner than one year from the

date of the original determination.

§ 41.15 Is a TCCC’s eligibility ever

reviewed?

Yes. The Director annually reviews

the eligibility status of each TCCC. If he/

she determines that a TCCC eligible

under § 41.12 no longer meets the

criteria under which the original

determination of eligibility was granted,

he/she must promptly notify the TCCC

in writing. That determination is

grounds for rejection of a TCCC’s

application for a grant. Any TCCC

receiving this notification may appeal

the Director’s determination under

§ 41.90.

Applying for a Title I Grant

§ 41.20 How can a Title I TCCC apply for

a grant?

A TCCC that has received a positive

eligibility study determination under

§ 41.12 is entitled to apply for grants

under this part. A TCCC must complete

an application and file it with the

Director before July 1 of the year

preceding the academic year for which

a grant is requested. The application

must:

(a) Be submitted on the approved

form;

(b) Include a college catalog;

(c) Provide a proposed budget

showing total expected operating

expenses of all programs to which the

information applies;

(d) Include a description of

accounting procedures; and

(e) Include a statement that the TCCC

will not deny admission to any Indian

solely on the basis of not being a

member of the tribe that has established

and operates the TCCC.

§ 41.21 How will the TCCC hear if it has

received a grant?

Within 60 days of receiving an

application, the Director will review all

supporting documents, make a decision,

and notify the applicant in writing of

the decision.

§ 41.22 What happens if the Director

disapproves an application?

(a) If the Director disapproves an

application, he/she must send the

applicant written notification that

includes the specific reasons for

disapproval. The applicant will then

have 30 days to amend or supplement

the application and submit it for

reconsideration.

(b) A TCCC may appeal the

disapproval of its original grant

proposal or its amended application by

following the procedures in § 41.90.

§ 41.23 What additional documentation is

required after a grant is approved?

A grant award under an approved

application must be supported by a

grant agreement, signed by a BIA Grants

Officer, that includes the application

and provisions required by §§ 41.5 and

41.6 and section 111 of the Act.

§ 41.24 Are there criminal penalties for

making false statements on an application?

Yes. It’s a crime under section 1001 of

Title 18, U.S. Code, for a person to

submit, or cause to be submitted, any

false information to the BIA in

connection with any application, report,

or other document on which Federal

financial assistance or any other

payment of Federal funds is based.

Punishment for violations under 18

U.S.C. § 1001 is a fine of not more than

$10,000 or imprisonment for not more

than 5 years, or both.

Counting Students and Measuring

Progress

§ 41.30 What procedures are used to count

students?

The following Indian Student Count

(ISC) procedure must be used by all

Title I TCCCs:

(a) The number is calculated on the

basis of Indian students who are

enrolled at the conclusion of the third

week, or the equivalent thereof, of each

academic term;

(b) Credits earned by non-Indian

students cannot be counted towards the

computation of the ISC for funding

under the Act;

(c) Credits earned in classes offered

during a summer term are counted

toward the computation of the ISC in

the succeeding fall term;

(d) Credit hours converted from CEU’s

are counted toward the computation of

the ISC;

(e) The formula for conversion of

CEU’s to credit hours will be: 15 contact

hours for one semester credit hour, 10

contact hours for one quarter credit
15450 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules

hour. The non-credit activity must meet

the standards established by the TCCC

to claim the CEU credits toward

computation of the ISC.

(f) Credit hours can be counted for

students who are making satisfactory

progress under § 41.31 in accordance

with the standards and practices of the

TCCC.

(g) Students accepted for enrollment

under the ‘‘ability to benefit’’ clause as

special students will be credited and

counted the same as students who have

a certificate of graduation (or a

recognized equivalent of such a

certificate, i.e., GED) from an accredited

post-secondary school if the student

has:

(1) Passed an admission test that

measures the student’s aptitude to

complete his or her educational program

successfully;

(2) Successfully completed a remedial

or developmental program prescribed by

the institution that does not exceed one

academic year. Note: Credits earned

before successful completion of the

prescribed program cannot be included

in the TCCC’s ISC; or

(3) Received a GED before the earlier

of:

(i) The student’s certification or

graduation; or

(ii) The end of the first year of the

course of study.

(h) Credits earned specific to

obtaining the GED cannot be included

in the institution’s Indian student count.

§ 41.31 Must TCCCs have standards for

measuring progress?

Yes. TCCCs must establish, publish,

and apply reasonable standards for

satisfactory progress by students

pursuing degree or certificate programs.

Applying for a Title II Grant

§ 41.40 What is Navajo Community

College’s grant entitlement?

(a) Navajo Community College (NCC)

is entitled to an annual grant based

upon the amount of the Congressional

appropriation for administration,

academic instruction, development,

student services, and operations and

maintenance.

(b) A separate annual budget request

for NCC must be identified in the BIA

budget justification. Funds appropriated

for grants under this part must not be

commingled with other appropriations

that BIA has historically spent for

programs and projects normally

provided on the Navajo Reservation for

Navajo beneficiaries.

§ 41.41 How does NCC apply for its grant

under Title II?

(a) NCC must submit an application

statement by July 1 each year. The

statement must include:

(1) A description of NCC’s curriculum

(which may be in the form of a college

catalog or similar publication);

(2) A proposed budget showing the

total expected operating expenses of

educational programs; and

(3) The expected revenue from all

sources for that academic year.

(b) The chief executive officer of the

NCC must certify the authenticity of the

application and submit documentation

that a copy of the application was

submitted to the Navajo Tribe.

§ 41.42 What other provisions apply to

NCC’s grant?

(a) The grant award must be

evidenced by a grant agreement signed

by the Director, incorporating the grant

application and the provisions required

by §§ 41.5 and 41.6.

(b) Overpayments of grants under this

part may be recovered as provided by

§ 41.55.

(c) Payments to NCC under this part

will not disqualify NCC from applying

for or receiving grants or contracts

under any other Federal programs for

which it may qualify.

Grant Payments

§ 41.50 What general limitation applies to

grant payments?

A grant under this part for any

academic year is subject to the

availability of appropriations and the

provision that no grant can exceed the

total cost of the education program

provided by the TCCC.

§ 41.51 How will BIA determine the per

capita payment for Title I TCCCs?

The per capita payment to each Title

I TCCC will be determined by

establishing an amount per Indian

Student Count (ISC). The per capita

payment is the Title I appropriation for

the year divided by the total previous

year’s ISC.

§ 41.52 What are the per capita payment

procedures?

(a) The Director will authorize

payments in the appropriated amount

for each TCCC with an approved

application. Payments will be computed

as follows:

(1) By October 15 or no later than 14

days after appropriations become

available, whichever comes first, BIA

will allot 95 percent of the funds to each

TCCC based on the prior year’s certified

ISC.

(2) BIA will pay the balance of any

grant to which a grantee is entitled paid

no later than January 1 of the fiscal year,

subject to availability of funds.

(b) By July 1, the TCCC must inform

the Director in writing of the amount of

any funds not expected to be obligated

by the end of the fiscal year. The

Director will reallocate the unused

funds to other TCCCs based on their ISC

for that year.

§ 41.53 How must the TCCC handle

interest or investment income?

(a) Any interest or investment income

that accrues on these funds after they

are paid to the TCCC will become the

property of the TCCC and will not affect

other funding.

(b) The TCCC must spend all interest

or investment income by the close of the

fiscal year following the fiscal year in

which the income accrues.

(c) Funds may only be invested in

obligations of the United States or in

obligations or securities that are

guaranteed or insured by the United

States.

§ 41.54 How is other funding that a TCCC

may receive affected by funding received

under this part?

(a) Payments to Title I TCCCs under

this part will not disqualify the TCCC

from applying for or receiving grants or

contracts under any other Federal

programs for which it may qualify.

(b) A TCCC receiving funds for

programs under the Snyder Act of

November 2, 1921, will not:

(1) Have its funding altered;

(2) Be denied a contract for Snyder

Act funds under the Indian SelfDetermination and Education

Assistance Act; or

(3) Be denied contract support to

administer those funds.

(c) Eligibility for payment under this

part will not, by itself, make a TCCC

ineligible to receive Federal financial

assistance under the Higher Education

Act of 1965 or any other programs that

benefit institutions of higher education,

community colleges, or post-secondary

educational institutions.

(d) Notwithstanding any provision of

law, funds provided under this part to

the TCCCs will be treated as nonfederal,

private funds of the TCCC for purposes

of any provision of Federal law that

requires nonfederal funds for a project.

§ 41.55 What about grant overpayments/

underpayments?

If the Director finds that a Title I

TCCC receiving funds under this part

has been overpayed or underpaid, he/

she must promptly notify the TCCC of

the grant overpayment or

underpayment. An adjustment will be

made in the current fiscal year, if funds

are available. If funds are not available,
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules 15451

the grant adjustment will be made in the

next fiscal year from the amount

appropriated for the Title I TCCCs.

Technical and Planning Assistance

§ 41.60 Are there any funds for technical

assistance?

(a) To apply for technical assistance

and if funds are available, the TCCC

should submit a written request to the

Director for program development.

Technical assistance funds will be

provided to all eligible TCCCs on an

equal payment basis.

(b) The Director may distribute

technical assistance funds with the

initial payment in accordance with

§ 41.52, or may award them to an

organization that the TCCC designates.

If the TCCC wishes to have its funds

awarded to an organization, the TCCC

must notify the Director in its annual

application on or before July 1 of every

year.

(c) If the Director denies a request for

technical assistance, the Director will

notify the TCCC in writing, including

the specific reason for the denial.

§ 41.61 Are planning grants available?

Yes, subject to specific

appropriations. If money is

appropriated, BIA may approve a

planning grant for a tribe or a tribal

entity to conduct planning activities for

establishing a TCCC.

§ 41.62 How can a tribe or tribal entity

apply for a planning grant?

Each applicant for a planning grant

must submit an application using

standard form (SF) 424 in accordance

with OMB Circular No. A–110. The

Director will consider each application

in order of receipt for each fiscal year.

§ 41.63 How will a tribe or tribal entity

know if it has received a planning grant?

The Director will notify the grant

applicant whether the application has

been approved or disapproved within

60 days of its receipt. No more than five

grants, not to exceed $15,000 each, will

be awarded each fiscal year.

§ 41.64 What is required in a study made

with a planning grant?

(a) The planning study must contain:

(1) Information pertaining to the

potential number of tribal members

interested in enrolling;

(2) An assessment of post-secondary

educational opportunities on or near the

Indian reservation;

(3) Information concerning facilities

usage;

(4) A review of tribal and BIA funds

spent on in-service training;

(5) The estimated tribal financial

contribution toward the operation of a

TCCC;

(6) Relative isolation factors;

(7) Tribal member enrollments at

other post-secondary institutions in the

service area; and

(8) Curriculum needs.

(b) The results of the planning study

must be submitted within 60 days after

completion to:

(1) The Director;

(2) The tribal governing body or

bodies requesting the planning grants;

and

(3) The board of directors, regents, or

trustees of the TCCC.

§ 41.65 What will happen to unused

planning grant funds?

Any unallocated funds appropriated

in a fiscal year for planning grants will

be distributed to the Title I colleges

according to the procedures in § 41.52.

§ 41.66 What assistance will BIA provide

TCCCs in determining their needs and

costs?

The Secretary, in consultation with

the National Center for Education

Statistics, will establish a data

collection system to obtain accurate

information on the needs and costs of

operation and maintenance of TCCCs.

Endowment Funds

§ 41.70 When is a TCCC entitled to receive

endowment funds?

A TCCC is entitled to receive

endowment funds if the TCCC:

(a) Has received operational funds

during the fiscal year in which

application for an endowment fund is

made; and

(b) Has not been awarded a grant

under section 331 of the Higher

Education Amendments of 1986,

Endowment Challenge Grants, (20

U.S.C. 1065a) during the same fiscal

year.

§ 41.71 How can a TCCC obtain

endowment funds?

To obtain endowment funds, a TCCC

must establish a trust fund as required

by § 41.72 and apply to the Director

under § 41.73.

§ 41.72 What requirements must an

endowment trust fund meet?

A TCCC desiring to receive a grant

under this section must enter an

agreement with the Secretary to

establish and maintain a trust fund that:

(a) Meets the requirements of section

302(b)(1) of the Tribally Controlled

Community College Assistance Act, as

amended;

(b) Provides for the deposit in the

fund of:

(1) Any Federal capital contributions;

(2) A TCCC capital contribution in an

amount (or of a value) equal to half the

amount of each Federal capital

contribution; and

(3) Any earnings of the deposited

funds.

(c) Provides that deposited funds will

accumulate interest at a rate not less

than that of similar funds deposited at

the institution for the same period of

time;

(d) Provides that if a TCCC withdraws

any of its capital contribution, an

amount of Federal contribution equal to

twice the amount (or value) of each

withdrawal will be withdrawn and

returned to the Secretary for

redistribution;

(e) Provides that no private person

may benefit from the net earnings of the

trust fund;

(f) Provides a description of

recordkeeping procedures for the

expenditure of accumulated interest;

and

(g) Provides that interest deposited in

the trust fund may be periodically

withdrawn and used to defray any

expenses associated with the operation

of the TCCC.

§ 41.73 How does a TCCC apply to

participate in the endowment program?

BIA will notify TCCCs when funding

is available for the endowment program.

Upon receiving this notice, the TCCC

must submit a signed letter to the

Director certifying its intent to

participate in the program and

identifying the amount (or value of)

funds/property available for matching

purposes.

§ 41.74 What action will the Director take

on applications?

(a) The Director will review each

request made under § 41.73. If the

Director approves the request, BIA will

match on a two-for-one basis the

amount identified by the TCCC, up to a

maximum of $750,000 in matching

funds per TCCC.

(b) If the request is disapproved, the

Director must notify the TCCC in

writing, identifying the specific reasons

for the disapproval and advising the

TCCC of its right to appeal.

§ 41.75 What happens if a TCCC is

overpaid under the endowment program?

The Director must notify a TCCC if an

overpayment has been made. The TCCC

must then return the excess funds.

§ 41.76 What assets may a TCCC use to

comply with the matching requirement?

To comply with the matching

requirement, a TCCC, may use:

(a) Funds available from any private

or tribal source; and
15452 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Proposed Rules

(b) Any real or personal property

received as a donation or a gift on or

after October 30, 1990, to the extent of

its fair market value as determined by

the Secretary.

§ 41.77 How is the value of donated real or

personal property established?

(a) The fair market value of donated

real or personal property must be

established by a qualified appraiser. The

Secretary or his/her authorized

representative must review and approve

the appraisal.

(b) The fair market value of property

at the time it is presented to the Federal

appraiser will be the amount that will

be used for matching purposes

regardless of future changes in value.

§ 41.78 What happens if real or personal

property that the TCCC uses to comply with

the matching requirement is sold or

disposed of?

If any real or personal property that

the TCCC uses to comply with the

matching requirement is sold or

otherwise disposed of, the proceeds

must be deposited in the established

endowment trust account. The

deposited proceeds and will not again

be considered for Federal capital

contribution purposes.

§ 41.79 How will BIA match the value of

property or capital contributions?

(a) From the amount appropriated, the

Secretary will allocate to each eligible

TCCC:

(1) An amount for a Federal capital

contribution equal to twice the value of

the property or the amount that the

TCCC demonstrates is committed as a

capital contribution; except,

(2) The maximum amount allocated to

any TCCC for any fiscal year cannot

exceed $750,000.

(b) If in any fiscal year the

appropriated amount is insufficient to

allocate to each TCCC an amount equal

to twice the value, then the allocated

amount to each TCCC will be reduced

pro rata.

§ 41.80 What procedures will BIA follow

when there are additional funds for the

endowment program?

(a) The Director, after satifying the

unmet endowment, will notify all

eligible TCCCs of the amount of the

remaining funds.

(b) Within 60 days of the date of

notification of extra funds, an eligible

TCCC may submit an application.

(c) After Congress appropriates funds,

the Director must notify eligible TCCCs

of the amount available under this part.

Appeals

§ 41.90 What appeal rights do TCCCs have

under this part?

(a) A TCCC has the right to appeal any

adverse decision made by the Director

to the Assistant Secretary by filing a

written notice of appeal with the

Assistant Secretary within 30 days of

receipt of the adverse decision.

(b) Within 30 days of receiving a

notice of appeal, the Assistant Secretary,

or designated representative, must

conduct a hearing at which the TCCC

may present evidence and offer

arguments in support of its appeal.

(c) Within 30 days after the hearing,

the Assistant Secretary must issue a

written ruling on the appeal including

the reasons for that ruling that confirms,

modifies, or reverses the Director’s

decision. The ruling of the Assistant

Secretary is final.

Required Reports

§ 41.95 What reports are required?

(a) Each Title I TCCC must conduct an

ISC report at the conclusion of the third

week, or equivalent, of each academic

term and then submit the report to the

Director by the designated due date.

(b) Each college receiving grants

under this part must submit an annual

report to the Director by January 1 in

accordance with the reporting

procedures of OMB approved Form No.

1076–0105, Annual Report.

(c) The Director must conduct an

evaluation of each new TCCC during the

second year of funding. Periodic

evaluations of established TCCCs will

be conducted. The evaluation will take

the form of:

(1) A review of the TCCC’s continued

adherence to the elements of the

eligibility study,

(2) A review of Indian student

enrollment,

(3) A review of its CPA audit report

to determine compliance with

recommendations; and,

(4) A review of the accreditation

status.

§ 41.96 Are there requirements for

information collection?

The Standard Form 424 and

attachments prescribed by that circular

are approved by OMB under 44 U.S.C.

3501 et seq. These sections describe

types of information that would satisfy

the application requirements of Circular

A–110 for this grant program. The

information collection requirement

contained in this part has been

approved by the Office of Management

and Budget under the Paperwork

Reduction Act of 1995, 44 U.S.C.

3507(d), and assigned clearance number

1076–0018.

Dated: March 20, 1997.

Ada E. Deer,

Assistant Secretary—Indian Affairs.

[FR Doc. 97–8062 Filed 3–31–97; 8:45 am]

BILLING CODE 4310–02–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 63

[WI73–01–7302b; FRL–5691–6]

Approval of Section 112(l) Program of

Delegation; Wisconsin

AGENCY: Environmental Protection

Agency.

ACTION: Proposed rule.

SUMMARY: The Environmental Protection

Agency (EPA) proposes to approve

Wisconsin’s request for delegation of the

Federal air toxic program pursuant to

Section 112(l) of the Clean Air Act of

1990. In the Final Rules section of this

Federal Register, EPA is fully approving

the State’s request for delegation as a

direct final rule without prior proposal,

because the EPA views this as a

noncontroversial revision and

anticipates no adverse comments. A

detailed rationale for the approval is set

forth in the direct final rule. If no

adverse comments are received in

response to these actions, no further

activity is contemplated in relation to

this proposed rule. If EPA receives

timely comments adverse to or critical

to the approval, which have not been

addressed by the State or EPA, the

direct final rule will be withdrawn and

all public comments received will be

addressed in a subsequent final rule

based on this proposed rule. Any parties

interested in commenting on this action

should do so at this time.

EFFECTIVE DATE: Comments must be

received on or before May 1, 1997.

ADDRESSES: Copies of the State

submittal and EPA’s analysis of it are

available for inspection at: United States

Environmental Protection Agency, 77

West Jackson Boulevard, Chicago,

Illinois 60604.

FOR FURTHER INFORMATION CONTACT:

Constantine Blathras, AR–18J, United

States Environmental Protection

Agency, Chicago, Illinois 60604, (312)

886–0671.

SUPPLEMENTARY INFORMATION:

List of Subjects in 40 CFR Part 63

Environmental Protection,

Administrative practice and procedure,