5634 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. There 

were zero comments received on the 

NPRM. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. There were 

zero comments received on the NPRM. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 00170.1. Revision No. 01.3 

■ 2. Revise § 117.893 to read as follows: 

§ 117.893 Umpqua River. 

(a) The draws of the US 101 Bridge, 

mile 11.1, (541) 888–4340, and the 

Umpqua River railroad bridge, mile 

11.5, (877) 928–5924, at Reedsport, 

Oregon, shall open on signal if at least 

two hours’ notice is given via telephone. 

(b) The draw of the Lower Smith 

River Road bridge across the side 

channel of the Umpqua River, mile 11.1 

near Reedsport, need not be opened for 

the passage of vessels. 

Dated: 11 December 2024. 

Charles E. Fosse, 

Rear Admiral, U. S. Coast Guard, 

Commander, Thirteenth Coast Guard District. 

[FR Doc. 2025–00573 Filed 1–16–25; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF EDUCATION 

34 CFR Part 263 

RIN 1810–AB70 

[Docket ID ED–2024–OESE–0008] 

Indian Education Discretionary Grant 

Programs; Professional Development 

Program 

AGENCY: Office of Elementary and 

Secondary Education, Department of 

Education. 

ACTION: Final regulations. 

SUMMARY: The Department of Education 

(Department) amends the regulations 

that govern the Professional 

Development (PD) program, authorized 

under the Elementary and Secondary 

Education Act of 1965, as amended 

(ESEA), to establish priorities, 

requirements, and a definition for the 

program, including a priority for 

educator retention projects. 

DATES: These regulations are effective 

February 18, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Linda Brake, U.S. Department of 

Education, 400 Maryland Avenue SW, 

Washington, DC 20202. Telephone: 

(202) 987–0796. Email: linda.brake@

ed.gov. 

If you are deaf, hard of hearing, or 

have a speech disability and wish to 

access telecommunications relay 

services, please dial 7–1–1. 

A summary of the rule is available at 

https://www.regulations.gov/document/ 

ED-2024-OESE-0008-0001. 

SUPPLEMENTARY INFORMATION: 

Purpose of this Regulatory Action: 

Under ESEA section 6122(a)(4), one of 

the purposes of the PD program is to 

develop and implement initiatives to 

promote the retention of effective 

teachers, principals, and school leaders 

who have a record of success in helping 

low-achieving Indian students improve 

their academic achievement, outcomes, 

and preparation for postsecondary 

education or employment. The 

Department amends the program 

regulations to support implementation 

of this aspect of the program purpose. 

Assistance Listing Number (ALN): 

84.299B. 

Background 

Through this regulatory action, we 

amend part 263 of title 34 of the Code 

of Federal Regulations. We published a 

notice of proposed rulemaking (NPRM) 

for this program on July 29, 2024 (89 FR 

60844). In the preamble of the NPRM, 

we discussed the major changes 

proposed in that document. In these 

final regulations, in addition to the 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5635 

changes proposed in the NPRM, we are 

making the following revisions to 

ensure consistency throughout the 

regulations: 

• In the NPRM, we proposed updates 

to the regulations to include part-time 

participants (89 FR 60844, 60847), but 

inadvertently did not make the updates 

in all places where it was necessary. We 

are making those related changes in 

§§ 263.3 (definition of ‘‘stipend’’) and 

263.11(a), and we are removing the 

definition of ‘‘full-time student,’’ as it is 

no longer necessary. 

• In § 263.5(a)(2), consistent with the 

other application requirements in 

paragraph (a), we are adding ‘‘as 

applicable’’ to reflect that PD program 

competitions may focus on a subset of 

the allowable activities, such as 

retention. 

• We are revising § 263.10(b)(3) to 

confirm that, consistent with § 263.10(f), 

the deferred payback option is available 

for eligible full-time volunteer work ‘‘up 

to a period of 36 months.’’ 

Public Comment: In response to our 

invitation in the NPRM, we did not 

receive any substantive and/or relevant 

comments on the proposed regulations. 

Except for minor technical revisions and 

the conforming changes summarized 

above, there are no differences between 

the proposed regulations and these final 

regulations. 

Executive Orders 12866, 13563, and 

14094 

Regulatory Impact Analysis 

Under Executive Order 12866, OMB 

must determine whether this regulatory 

action is ‘‘significant’’ and, therefore, 

subject to the requirements of the 

Executive Order and subject to review 

by OMB. Section 3(f) of Executive Order 

12866, as amended by Executive Order 

14094, defines a ‘‘significant regulatory 

action’’ as an action likely to result in 

a rule that may— 

(1) Have an annual effect on the 

economy of $200 million or more (as of 

2022 but adjusted every 3 years by the 

Administrator of the Office of 

Information and Regulatory Affairs 

(OIRA) of OMB for changes in gross 

domestic product), or adversely affect in 

a material way the economy, a sector of 

the economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, territorial, or 

Tribal governments; 

(2) Create a serious inconsistency or 

otherwise interfere with an action taken 

or planned by another agency; 

(3) Materially alter the budgetary 

impacts of entitlements, grants, user 

fees, or loan programs or the rights and 

obligations of recipients thereof; or 

(4) Raise legal or policy issues for 

which centralized review would 

meaningfully further the President’s 

priorities, or the principles stated in the 

Executive order, as specifically 

authorized in a timely manner by the 

Administrator of OIRA in each case. 

This regulatory action is not a 

significant regulatory action subject to 

review by OMB under section 3(f)(4) of 

Executive Order 12866, as amended by 

Executive Order 14094. 

We have also reviewed these 

regulations under Executive Order 

13563, which supplements and 

explicitly reaffirms the principles, 

structures, and definitions governing 

regulatory review established in 

Executive Order 12866. To the extent 

permitted by law, Executive Order 

13563 requires that an agency— 

(1) Propose or adopt regulations only 

on a reasoned determination that their 

benefits justify their costs (recognizing 

that some benefits and costs are difficult 

to quantify); 

(2) Tailor its regulations to impose the 

least burden on society, consistent with 

obtaining regulatory objectives and 

taking into account—among other things 

and to the extent practicable—the costs 

of cumulative regulations; 

(3) In choosing among alternative 

regulatory approaches, select those 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity); 

(4) To the extent feasible, specify 

performance objectives, rather than the 

behavior or manner of compliance a 

regulated entity must adopt; and 

(5) Identify and assess available 

alternatives to direct regulation, 

including economic incentives—such as 

user fees or marketable permits—to 

encourage the desired behavior, or 

provide information that enables the 

public to make choices. 

Executive Order 13563 also requires 

an agency ‘‘to use the best available 

techniques to quantify anticipated 

present and future benefits and costs as 

accurately as possible.’’ OIRA has 

emphasized that these techniques may 

include ‘‘identifying changing future 

compliance costs that might result from 

technological innovation or anticipated 

behavioral changes.’’ 

We are issuing these regulations only 

on a reasoned determination that their 

benefits justify their costs. In choosing 

among alternative regulatory 

approaches, we selected those 

approaches that maximize net benefits. 

Based on an analysis of anticipated 

costs and benefits, we believe that these 

regulations are consistent with the 

principles in Executive Order 13563. 

We also have determined that this 

regulatory action will not unduly 

interfere with State, local, territorial, 

and Tribal governments in the exercise 

of their governmental functions. 

In accordance with these Executive 

orders, the Department has assessed the 

potential costs and benefits, both 

quantitative and qualitative, of this 

regulatory action. The potential costs 

associated with this regulatory action 

are those resulting from statutory 

requirements and those we have 

determined as necessary for 

administering the Department’s 

programs and activities. 

Costs and Benefits 

We believe that the potential costs 

associated with the regulatory changes 

will be minimal, and the benefits will 

exceed these costs. 

For Professional Development grants, 

there will be no additional time or cost 

for applicants developing an application 

under the new priorities and application 

requirements. The benefits include 

allowing the program to better meet its 

mission of recruiting and retaining 

qualified Indian individuals to become 

educators. We do not anticipate grantees 

needing additional time to report fulltime participant payback information in 

the Professional Development Program 

Data Collection System (PDPDCS). The 

costs of carrying out these activities 

would continue to be paid for with 

program funds. 

The benefits also include enhancing 

project design and quality of services to 

better meet the objectives of the program 

and the needs of potential grantees with 

more educators remaining in their 

current positions and increasing their 

impact on Indian students and 

communities, as well as more accurately 

calculating the length of payback for 

participants in part-time training. We 

added payback deferral options for 

participants who serve as full-time 

volunteers with Indian Tribes, because 

it will provide them with opportunities 

to better understand the educational 

needs of Indian students, while helping 

to build the capacity of Tribes, and for 

participants who experience a 

temporary disability that affects the 

participant’s ability to complete their 

payback obligations. These deferral 

pathways will provide participants 

more flexibility and help them obtain 

experience that fulfills their service 

obligation and provides relief to Tribal 

communities. 

Elsewhere in this section under 

Paperwork Reduction Act of 1995, we 

identify and explain burdens 


KHAMMOND on DSK9W7S144PROD with RULES
5636 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

specifically associated with information 

collection requirements. 

Regulatory Flexibility Act Certification 

The Department certifies that these 

regulations will not have a substantial 

economic impact on a substantial 

number of small entities. The U.S. Small 

Business Administration Size Standards 

define proprietary institutions as small 

businesses if they are independently 

owned and operated, are not dominant 

in their field of operation, and have total 

annual revenue below $7,000,000. 

Nonprofit institutions are defined as 

small entities if they are independently 

owned and operated and not dominant 

in their field of operation. Public 

institutions are defined as small 

organizations if they are operated by a 

government overseeing a population 

below 50,000. 

The small entities that will be affected 

by these regulations are LEAs, IHEs, 

Tribal Colleges and Universities, Tribes, 

and Tribally operated schools receiving 

Federal funds under this program. The 

regulations will not have a significant 

economic impact on the small entities 

affected because the regulations do not 

impose excessive regulatory burdens or 

require unnecessary Federal 

supervision. Of the impacts we estimate 

accruing to grantees or eligible entities, 

all are voluntary and relate mostly to an 

increase in the number of applications 

prepared and submitted annually for 

competitive grant competitions. 

Therefore, we do not believe that these 

regulations present any significant 

impact on small entities beyond the 

potential for increasing the likelihood of 

their applying for, and receiving, 

competitive grants from the Department. 

Paperwork Reduction Act 

These regulations do not create any 

new information collection 

requirements under OMB Control 

number 1810–0722 and therefore do not 

change the related information 

collection. 

Intergovernmental Review 

This program is subject to Executive 

Order 12372 and the regulations in 34 

CFR part 79. One of the objectives of the 

Executive order is to foster an 

intergovernmental partnership and a 

strengthened federalism. The Executive 

order relies on processes developed by 

State and local governments for 

coordination and review of proposed 

Federal financial assistance. 

This document provides early 

notification of our specific plans and 

actions for this program. 

Accessible Format: On request to the 

program contact person listed under FOR

FURTHER INFORMATION CONTACT, 

individuals with disabilities can obtain 

this document in an accessible format. 

The Department will provide the 

requestor with an accessible format that 

may include Rich Text Format (RTF) or 

text format (txt), a thumb drive, an MP3 

file, braille, large print, audiotape, 

compact disc, or other accessible format. 

Electronic Access to This Document: 

The official version of this document is 

the document published in the Federal 

Register. You may access the official 

edition of the Federal Register and the 

Code of Federal Regulations at 

www.govinfo.gov. At this site, you can 

view this document, as well as all other 

Department documents published in the 

Federal Register, in text or Portable 

Document Format (PDF). To use PDF, 

you must have Adobe Acrobat Reader, 

which is available free at the site. 

You may also access Department 

documents 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. 

(Authority: 20 U.S.C. 7442, 25 U.S.C. 5304, 

5307) 

List of Subjects in 34 CFR Part 263 

Business and industry, College and 

universities, Elementary and secondary 

education, Grant programs—education, 

Grant programs—Indians, Indians— 

education, Reporting and recordkeeping 

requirements, Scholarships and 

fellowships. 

Adam Schott, 

Principal Deputy Assistant Secretary, 

Delegated the Authority to Perform the 

Functions and Duties of the Assistant 

Secretary, Office of Elementary and 

Secondary Education. 

For the reasons discussed in the 

preamble, the Department amends part 

263 of title 34 of the Code of Federal 

Regulations as follows: 

PART 263—INDIAN EDUCATION 

PROFESSIONAL DEVELOPMENT 

PROGRAM 

■ 1. The authority citation continues to 

read as follows: 

Authority: 20 U.S.C. 7441, unless 

otherwise noted. 

■ 2. Amend § 263.3 by: 

■ a. Adding in alphabetical order a 

definition for ‘‘educator’’. 

■ b. Removing the definition of ‘‘fulltime student’’. 

■ c. Revising the definition of 

‘‘stipend’’. 

The addition and revision read as 

follows: 

§ 263.3 What definitions apply to the 

Professional Development program? 

* * * * * 

Educator means an individual who is 

one or more of— 

(1) A teacher (including an early 

education teacher); 

(2) A principal or other school leader; 

(3) An administrator; 

(4) Specialized instructional 

personnel (e.g., school psychologist, 

school counselor, school social worker, 

school nurse, librarian, early 

intervention service personnel); 

(5) A paraprofessional; or 

(6) Faculty. 

* * * * * 

Stipend means that portion of an 

award that is used for room, board, and 

personal living expenses for participants 

in pre-service training who are living at 

or near the institution providing the 

training. 

* * * * * 

■ 3. Revise § 263.5 to read as follows: 

§ 263.5 What are the application 

requirements? 

An applicant must— 

(a) Describe how it will— 

(1) Recruit qualified Indian 

individuals, such as students who may 

not be of traditional college age, to 

become teachers, principals, or school 

leaders, if applicable; 

(2) Use funds made available under 

the grant to support the recruitment, 

preparation, retention, and professional 

development of Indian teachers or 

principals in LEAs that serve a high 

proportion of Indian students, as 

applicable; and 

(3) Assist participants who receive 

pre-service training in meeting the 

payback requirements under § 263.9(b), 

if applicable; 

(b) If required by the Secretary 

through a notice inviting applications 

published in the Federal Register, 

submit one or more letters of support 

from LEAs that serve a high proportion 

of Indian students. Each letter must 

include— 

(1) A statement that the LEA agrees to 

consider program graduates for 

employment; 

(2) Evidence that the LEA meets the 

definition of ‘‘LEA that serves a high 

proportion of Indian students’’; and 

(3) The signature of an authorized 

representative of the LEA; 

(c) If applying as an Indian 

organization, demonstrate that the entity 

meets the definition of ‘‘Indian 

organization’’; 

(d) If it is an affected LEA that is 

subject to the requirements of section 

8358 of the Elementary and Secondary 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5637 

Education Act of 1965, as amended 

(ESEA), consult with appropriate 

officials from Tribe(s) or Tribal 

organizations approved by the Tribes 

located in the area served by the LEA 

prior to its submission of an application, 

as required under ESEA section 8538; 

and 

(e) Comply with any other 

requirements in the application 

package. 

■ 4. Amend § 263.6 by adding 

paragraphs (b)(5) and (6) to read as 

follows: 

§ 263.6 What priority is given to certain 

projects and applicants? 

* * * * * 

(b) * * * 

(5) Indian educator retention. The 

Secretary establishes a priority for 

projects that— 

(i) Propose an educator retention 

initiative to help address the shortage of 

fully certified Indian educators to help 

ensure that Indian students gain 

knowledge and understanding of Native 

communities, languages, histories, 

traditions, and cultures, and expand 

their impact on Indian students’ 

education; or 

(ii) Support compensated educator 

leadership models designed to increase 

the retention of effective, experienced 

Indian educators who take on additional 

leadership and peer support 

responsibilities such that Indian 

teachers have the opportunity to 

advance in their careers and earn 

additional compensation. 

(6) State or local educational agencies 

or Bureau of Indian Education school 

lead applicants. The Secretary 

establishes a priority for applications 

that are submitted by one or more of the 

below types of applicants, in 

consortium with an institution of higher 

education, which could include a Tribal 

college or university: 

(i) State educational agency. 

(ii) Local educational agency. 

(iii) Bureau of Indian Education 

school. 

* * * * * 

■ 5. Amend § 263.9 by: 

■ a. Revising paragraph (a) introductory 

text and paragraph (b)(2). 

■ b. Adding paragraph (b)(5). 

■ c. Removing paragraph (c)(4) and 

redesignating paragraph (c)(5) as 

paragraph (c)(4). 

■ d. Revising the newly redesignated 

paragraph (c)(4) and the note to § 263.9. 

The revisions and addition read as 

follows: 

§ 263.9 What are the payback 

requirements? 

(a) General. All participants who 

receive pre-service training must— 

* * * * * 

(b) * * * 

(2) The period of time required for a 

work-related payback is determined as 

follows: 

(i) If a participant was a full-time 

student in a pre-service training 

program, the work-related payback 

period is equivalent to the total period 

of time for which pre-service training 

under the Professional Development 

program was actually received on a 

month-for-month basis. 

(ii) If a participant was a part-time 

student in a pre-service training 

program, the work-related payback 

period is proportional to the 

accumulated academic years for which 

pre-service training under the 

Professional Development program was 

actually received on a month-for-month 

basis, taking into consideration the 

typical academic calendar of the 

institution where the training was 

received. 

(iii) If a participant received preservice training as a full-time student for 

a portion of the program and as a parttime student for another portion of the 

program, the period of work-related 

payback is prorated accordingly. 

* * * * * 

(5) The work-related payback period 

for an individual supported under the 

Professional Development program may 

extend beyond the end of the 

performance period of the Professional 

Development grant. 

(c) * * * 

(4) Notwithstanding paragraph (c)(1) 

of this section, participants who exited 

or completed a grant-funded pre-service 

training program in Federal fiscal year 

2020 (October 1, 2019–September 30, 

2020) who did not submit employment 

verification within 24 months of 

program exit or completion, and 

participants with qualifying 

employment during Federal fiscal year 

2020 who did not submit employment 

verification for a 24-month period, will 

automatically be referred for a cash 

payback unless the participant qualifies 

for a deferral as described in § 263.10. 

Note to § 263.9: For grants that provide preservice administrator training, a participant 

who has received administrator training and 

subsequently works for a Tribal education 

agency that provides administrative control 

or direction of public schools (e.g., BIEfunded schools or charter schools) satisfies 

the requirements of paragraph (b)(1) of this 

section. 

■ 6. Revise § 263.10 to read as follows: 

§ 263.10 What are the exceptions to 

payback requirements and requirements for 

payback deferral? 

(a) Exceptions to payback. Based 

upon sufficient evidence to substantiate 

the grounds, the Secretary may grant, in 

whole or in part, an exception to the 

repayment requirement in § 263.9 as 

follows: 

(1) Repayment is not required if the 

participant— 

(i) Is unable to continue the course of 

study or perform the service obligation 

because of a permanent disability that— 

(A) Had not been diagnosed at the 

time the participant executed the initial 

agreement; or 

(B) Did not originally prevent the 

participant from performing the 

requirements of the course of study or 

the service obligation at the time the 

participant signed the agreement but 

subsequently worsened; or 

(ii) Has died. 

(2) To request an exception to 

payback under paragraph (a)(1) of this 

section for oneself or on behalf of 

another individual, a requestor must 

submit an explanation of the reason for 

the exception along with substantiating 

evidence to the Secretary through the 

program officer. 

(b) Deferral of payback. Subject to 

meeting the requirements of this 

section, the Secretary may defer 

payback requirements during the time 

the participant is— 

(1) Continuing education after 

completing or exiting the Professional 

Development program, in a full- or parttime course of study without 

interruption, in a program leading to a 

degree at an accredited institution of 

higher education; 

(2) Serving on active duty as a 

member of the Armed Forces of the 

United States; 

(3) Serving as a full-time volunteer for 

an Indian Tribe, for a period not to 

exceed 36 months; 

(4) Experiencing a temporary 

disability that affects the participant’s 

ability to continue the course of study 

or perform the work obligation, for a 

period not to exceed thirty-six months. 

(c) Secretarial exceptions. Under 

limited circumstances as determined by 

the Secretary and based upon evidence 

submitted by the participant, the 

Secretary may grant an exception to, or 

deferral of, the payback requirement 

under circumstances not specified in 

this section. These circumstances may 

include, but are not limited to, the need 

to care for a disabled spouse, partner, or 

child, or to accompany a spouse or 

partner on active duty in the Armed 

Forces or Bureau of Indian Affairs law 

enforcement. 


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5638 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 

(d) Requesting payback deferral for 

continuing education. (1) To receive a 

payback deferral under paragraph (b)(1) 

of this section, a participant must 

submit a request to the Secretary 

through the program officer that 

includes— 

(i) The name of the accredited 

institution the student will be attending; 

(ii) A copy of the letter of admission 

from the institution; 

(iii) The degree being sought; and 

(iv) The projected date of completion. 

(2) If the Secretary approves the 

deferral of the payback requirement 

under paragraph (b)(1) of this section, 

the participant must submit to the 

Secretary through the program officer a 

status report from an academic advisor 

or other authorized representative of the 

institution of higher education, showing 

verification of enrollment and status, 

after every grading period. 

(e) Requesting payback deferral for 

active duty in the Armed Forces. If a 

participant exits the Professional 

Development program because the 

participant is called or ordered to active 

duty status in connection with a war, 

military operation, or national 

emergency for more than 30 days as a 

member of a reserve component of the 

Armed Forces named in 10 U.S.C. 

10101, or as a member of the National 

Guard on full-time National Guard duty, 

as defined in 10 U.S.C. 101(d)(5), the 

Secretary may defer the payback 

requirement until the participant has 

completed the military service. Requests 

for deferral must be submitted to the 

Secretary through the program officer 

within 30 days of the earlier of receiving 

the call to military service or completing 

or exiting the Professional Development 

program, and must include— 

(1) A written statement from the 

participant’s commanding or personnel 

officer certifying— 

(i) That the participant is on active 

duty in the Armed Forces of the United 

States; 

(ii) The date on which the 

participant’s service began; and 

(iii) The date on which the 

participant’s service is expected to end; 

or 

(2)(i) A true certified copy of the 

participant’s official military orders; and 

(ii) A copy of the participant’s 

military identification. 

(f) Requesting payback deferral for 

volunteer work. (1) To receive a payback 

deferral related to qualifying volunteer 

work under paragraph (b)(3) of this 

section, the participant must submit a 

request to the Secretary through the 

program officer that includes— 

(i) The name of the Indian Tribe at 

which the participant will be 

volunteering; 

(ii) A copy of the letter appointing the 

participant as a full-time volunteer at 

the Indian Tribe; 

(iii) A statement of volunteer work to 

be performed; and 

(iv) The projected date of completion. 

(2) If the Secretary approves payback 

deferral under this paragraph (f), the 

participant must submit to the Secretary 

through the program officer a status 

report from an authorized representative 

from the entity with which the 

participant is volunteering, showing 

verification of continued engagement 

every 12 months. The Secretary may 

defer the payback requirement until the 

participant has completed his or her 

qualifying volunteer work, for a period 

not to exceed 36 months. 

(g) Requesting payback deferral for 

temporary disability. To receive a 

payback deferral under paragraph (b)(4) 

of this section, the participant must 

submit a request to the Secretary 

through the program officer that 

includes— 

(1) An explanation of the reason for 

the deferral; 

(2) An indication of the length of time 

for which they are requesting deferral; 

and 

(3) Substantiating evidence. 

§ 263.11 [Amended] 

■ 7. Amend § 263.11 in paragraph (a) by 

removing the phrase ‘‘as a full-time 

student’’. 

■ 8. Revise § 263.12 to read as follows: 

§ 263.12 What are the post-award 

requirements for grantees providing preservice training? 

(a) Requirement for payback meeting. 

Prior to providing funds or services to 

a participant, the grantee must conduct 

a payback meeting with the participant 

to explain the costs of training and 

payback responsibilities following 

training. 

(b) Requirement for payback 

agreement. (1) Prior to providing funds 

or services to a participant, and for each 

subsequent year that training funds are 

disbursed, the grantee must enter into a 

written agreement with each participant 

in which the participant agrees to the 

terms and conditions required by this 

section. 

(2) The payback agreement must 

explain the Secretary’s authority to 

grant deferrals and exceptions to the 

service obligation pursuant to § 263.10 

and include— 

(i) The current Department address for 

purposes of the participant’s 

compliance with § 263.11, or any other 

purpose under this part, and other 

Office of Indian Education contact 

information; 

(ii) The estimated length of training; 

(iii) The total training costs; 

(iv) The total amount of assistance 

accrued year-to-date; 

(v) The total number of months in the 

service obligation year-to-date; 

(vi) A statement explaining that work 

must be in an ‘‘LEA that serves a high 

proportion of Indian students,’’ and the 

regulatory definition of that phrase; and 

(vii) Information documenting that 

the grantee held a payback meeting with 

the participant that meets the 

requirements of this section. 

(3) The grantee must submit a signed 

payback agreement to the Department 

within 30 days of the date on which the 

payback agreement is fully executed by 

the grantee and participant. The grantee 

must provide a copy of the payback 

agreement to the participant upon 

execution. 

(c) Exit certification. At the time of 

exit from the program, the grantee must 

provide the below information to the 

participant. Upon receipt of this 

information from the grantee, the 

participant must provide written 

certification to the grantee that this 

information is correct: 

(1) The name of the institution where 

the participant received pre-service 

training and the award number of the 

Federal grant that provided the 

scholarship. 

(2) The number of months the 

participant needs to work in an LEA 

that serves a high proportion of Indian 

students to satisfy the payback 

requirements in § 263.9. 

(3) The total amount of financial 

assistance received. 

(4) The participant’s field of study 

and the obligation of the participant to 

perform the service obligation with 

employment that meets the 

requirements in § 263.9(b). 

(d) Career preparation. During the 

grant period, a grantee must conduct 

activities to assist participants in 

identifying qualified employment 

opportunities following completion of 

the program. 

(e) Information and annual reporting. 

The grantee must report to the Secretary 

all participant training and payback 

information in a manner specified by 

the Secretary as well as any other 

information that is necessary to carry 

out the Secretary’s functions under 

section 6122 of the ESEA and this part. 

Each grantee will make annual reports 

to the Secretary, unless more frequent 

reporting is required by the Secretary, 

that are necessary to carry out the 

Secretary’s functions under this part. 


KHAMMOND on DSK9W7S144PROD with RULES
Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Rules and Regulations 5639 

(f) Standards for satisfactory progress. 

The grantee must establish, publish, 

notify participants of, and apply 

reasonable standards for measuring 

whether a participant is making 

satisfactory progress in the training 

program. The Secretary considers an 

institution’s standards to be reasonable 

if the standards— 

(1) Are the same as the institution’s 

standards for a student enrolled in the 

same academic program who is not 

receiving assistance under this program; 

and 

(2) Include the following elements: 

(i) Grades, work projects completed, 

including performance tasks, or 

comparable factors that are measurable 

against a norm and are aligned with 

demonstrating effective practice. 

(ii) A maximum timeframe in which 

the participant must complete the 

participant’s educational objective, 

degree, or certificate. 

(iii) Consistent application of 

standards to all participants within 

categories of students, (e.g., full-time, 

part-time, undergraduate students, and 

graduate students). 

(iv) Specific policies defining the 

effect of course incompletes, 

withdrawals, repetitions, and noncredit 

remedial courses on satisfactory 

progress. 

(v) Specific procedures for appeal of 

a determination that a participant is not 

making satisfactory progress and for 

reinstatement of aid. 

(g) Requirement for Indian preference. 

(1) Under section 7(b) of the Indian SelfDetermination and Education 

Assistance Act (Pub. L. 93–638), to the 

greatest extent feasible, a grantee must— 

(i) Give to Indians preferences and 

opportunities for training and 

employment in connection with the 

administration of the grant; and 

(ii) Give to Indian organizations and 

to Indian-owned economic enterprises, 

as defined in section 3 of the Indian 

Financing Act of 1974 (25 U.S.C. 

1452(e), preference in the award of 

contracts in connection with the 

administration of the grant. 

(2) For the purposes of this paragraph 

(g), an Indian is a member of any 

federally recognized Indian Tribe. 

[FR Doc. 2025–01317 Filed 1–15–25; 4:15 pm] 

BILLING CODE 4000–01–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

36 CFR Part 52 

[NPS–WASO–39268; PPWOBSADC0; 

PPMVSCS1Y.Y00000] 

RIN 1024–AE47 

Visitor Experience Improvements 

Authority Contracts 

AGENCY: National Park Service, Interior. 

ACTION: Final rule. 

SUMMARY: This rule implements the 

Visitor Experience Improvements 

Authority given to the National Park 

Service by Congress in Title VII of the 

National Park Service Centennial Act. 

This authority allows the National Park 

Service to award and administer 

commercial services contracts and 

related professional services contracts 

for the operation and expansion of 

commercial visitor facilities and visitor 

services programs in units of the 

National Park System. 

DATES: This rule is effective February 

18, 2025. 

Information collection requirements: 

If you wish to comment on the 

information collection requirements in 

this final rule, please note that the 

Office of Management and Budget 

(OMB) is required to make a decision 

concerning the collection of information 

contained in this final rule between 30 

and 60 days after publication of this 

final rule in the Federal Register. 

Therefore, comments should be 

submitted to OMB by February 18, 2025. 

ADDRESSES: 

Docket: The comments received on 

the proposed rule and a related 

economic analysis are available in the 

docket for this rulemaking. Visit https:// 

www.regulations.gov/ and search for 

Docket ID: NPS–2022–0003. 

Information Collection Requirements: 

Written comments and suggestions on 

the information collection requirements 

should be submitted by the date 

specified above in DATES to https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Please 

provide a copy of your comments to the 

NPS Information Collection Clearance 

Officer (ADIR–ICCO), 13461 Sunrise 

Valley Drive, (MS–244) Herndon, VA 

20171 (mail); or phadrea_ponds@

nps.gov (email). Please include ‘‘1024– 

AE47’’ in the subject line of your 

comments. 

FOR FURTHER INFORMATION CONTACT: Kurt 

Rausch, Chief of Commercial Services 

Program, National Park Service; (202) 

513–7202; kurt_rausch@nps.gov. For 

questions regarding the NPS’s 

information collection request contact 

phadrea_ponds@nps.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

NPS Authorities To Contract for 

Commercial Visitor Services 

The National Park Service (NPS) 

enters into concession contracts with 

persons and entities to provide 

commercial visitor services in over 100 

units of the National Park System. 

Examples of such services include 

lodging, food, retail, marinas, 

transportation, and recreational 

activities. NPS concession contracts 

generate approximately $1.8 billion per 

year in gross receipts, while returning 

approximately $180 million in franchise 

fees to the NPS. What was commonly 

known as the National Park Service 

Concession Policies Act of 1965 (1965 

Act), Public Law 89–249, provided the 

first comprehensive statutory authority 

for the NPS to issue concession 

contracts. Since the repeal of the 1965 

Act, concession contracts have been 

awarded under the National Park 

Service Concessions Management 

Improvement Act of 1998 (1998 Act), 54 

U.S.C. 101911–101926. NPS regulations 

in 36 CFR part 51 govern the solicitation 

and award of concession contracts 

issued under the 1998 Act and the 

administration of concession contracts 

issued under the 1965 and 1998 Acts. 

The National Park Service Centennial 

Act (Centennial Act), 54 U.S.C. 101931– 

101938, established the Visitor 

Experience Improvements Authority 

(VEIA) allowing the NPS to solicit, 

award, and administer commercial 

services contracts for the operation and 

expansion of commercial visitor 

facilities and visitor services programs 

in units of the National Park System. 

The VEIA supplements, but does not 

replace, the existing authority granted to 

the NPS in the 1998 Act to enter into 

concession contracts, or any other 

existing NPS authorities to provide 

commercial visitor services in units of 

the National Park System. The VEIA is 

also separate from authorities granted 

under the Office of Federal Procurement 

Policy Act and Federal Acquisition 

Regulations. 

The VEIA established a revolving 

fund that the NPS can use for expenses 

necessary for the management, 

improvement, enhancement, operation, 

construction, and maintenance of 

commercial visitor services and 


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