[Federal Register: July 9, 2003 (Volume 68, Number 131)]
[Notices]
[Page 40996-40997]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jy03-117]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Education Facilities Replacement Construction Priority List as of
FY 2003
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Notice.
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SUMMARY: As required by statute, the Bureau of Indian Affairs (BIA or
Bureau) is publishing the FY 2003 Education Facilities Replacement
Construction Priority List in the Federal Register. The current
priority list, last published in the Federal Register on January 9,
2001, is revised by the addition of newly prioritized schools, which
were evaluated and ranked during the 2001 replacement school
application process. The Bureau will use this list to determine the
order in which Congressional appropriations are requested to fund
education facilities replacement construction projects. Construction
funding is not yet available for all projects on the list.
FOR FURTHER INFORMATION CONTACT: Questions regarding the Education
Facilities Replacement Construction Priority List may be submitted to
the attention of Andrew Acoya, AIA, Office of Facilities Management and
Construction, P.O. Box 1248, Albuquerque, New Mexico 87103, (505) 346-
6508, Fax (505) 346-6542.
SUPPLEMENTARY INFORMATION: Publication of the Education Facilities
Replacement Construction Priority List (Priority List) in the Federal
Register is required by 25 U.S.C. 2005(d) at the time any budget
request for school
[[Page 40997]]
construction is presented. In 2001, the Bureau began preparations for
developing a new Priority List, including the acceptance of
applications from Tribes and School Boards who wished to have schools
placed on the Priority List.
Schools placed on the previously published ``Education Facilities
Construction Priority List as of FY 2000, With Additions,'' published
in the Federal Register on January 9, 2001 (66 FR 1689) that were not
yet fully funded for construction (project numbers 18 through 20), did
not have to submit applications for ranking on the new Priority List
and are retained, in order, at the top of the FY 2003 Priority List as
projects numbers 1 through 3. Education Facilities Construction
projects on the Priority List will be funded for construction in the
order in which they are ranked, as appropriations become available,
unless a school is not ready for the next phase of funding. In
accordance with Congressional directives, the projects do not provide
for new school starts nor grade level expansions. The process does not
provide for charter schools nor satellite extensions.
The Conference Report for the FY 1992 Interior Related Agencies
Appropriations Act, H.R. Conf. Rep. No. 102-256, at 46 (1991),
indicated that Congress wanted the Department to revise the priority
ranking process for new school construction. The Bureau revised the
process in March 1999 and again in May 2001, and developed draft
revised instructions and criteria, complying with the 1991 Conference
Report requirements that the BIA should emphasize tribal consultation
and improve the objectivity of the ranking process, provide continuity
to the priority ranking list, and provide procedures for handling
emergency needs.
The Committee on Appropriations also recommended that the BIA
establish a demonstration project to allow tribes with schools on the
replacement list to apply for Federal funding with the guarantee of a
cost share from the tribe, S. Rep. No. 106-99, at 54 (1999). Congress
further stated that tribes may share the cost of construction of their
school, identify non-Bureau funding to match or supplement Bureau
funding, or pay future operations costs in exchange for the full
funding of school construction costs earlier than they might hope to
receive it under the Priority List. Accordingly, in the ranking process
for the FY 2003 Priority List, applicants were provided an opportunity
to indicate a commitment to cost share; however, none of the top ranked
schools offered to do so.
The Bureau published in the Federal Register, on April 18, 2001 (66
FR 19979), a Notice of tribal consultation meeting May 1 through May 3,
2001, in Albuquerque, New Mexico, requesting comments on the draft
revised instructions and criteria, entitled ``Instructions and
Application for Replacement School Construction, 2001.'' The new
instructions governed the priority ranking process for construction of
replacement education facilities and the criteria used in ranking
applications. In addition to fully replacing buildings and support
structures at an educational facility, a new category, partial
replacement construction, was included in the 2001 application process
in response to earlier consultation comments. Under the new category,
schools could submit partial replacement construction requests for
replacement of a specific building or buildings instead of full
facilities replacement, or the schools could request construction of
components (e.g., libraries, gymnasiums, cafeterias) that do not
currently exist at educational facilities but are nonetheless required
to meet an approved educational accreditation program. After the Bureau
completes further study and evaluation, a final determination will be
made whether facilities projects added to the Priority List will be
fully or partially replaced. Bureau requests for future funding of
education facilities construction projects will not depend entirely on
ranking order, but will also consider how full or partial replacement
projects fit the availability of appropriations, and readiness for the
next phase of funding.
Comments were also received relating to administrative requirements
and responsibilities; definitions of ranking criteria; evaluation of
applications; and cost-sharing. The comments were reviewed and
incorporated into the final instructions and criteria as appropriate by
a team consisting of tribal representatives and BIA employees from the
Office of Indian Education Programs and the Office of Facilities
Management and Construction. The Bureau proceeded with using the final
revised application instructions and criteria on June 8, 2001.
Copies of the final revised instructions and ranking criteria with
accompanying documents were sent to all BIA schools and schools that
receive BIA funds under contract or grant, [Catalog of Federal Domestic
Assistance Program Number: 15.062 ``Replacement and Repair of Indian
Schools''] and the Bureau held tribal consultation meetings in July and
August 2001 on the revised process. BIA's Office of Indian Education
Programs Education Line Officers offered training to applicants at all
schools under their administrative jurisdiction on how to complete
applications using the revised instructions and ranking criteria.
Tribes and BIA-funded school boards received advance, written notice of
training session dates, times, and locations for tribes and schools
under their respective jurisdictions. The Bureau published another
Notice in the Federal Register on June 11, 2001 (66 FR 31248), calling
for applications based on the revised instructions and ranking
criteria. The Bureau accepted applications beginning August 1, 2001,
and used the criteria in the revised instructions to review and
evaluate all applications that were received on or before the
application deadline. The application deadline was extended to October
22, 2001, by a notice published in the Federal Register on August 20,
2001 (66 FR 43591), in response to requests of tribal organizations and
school boards. These applications were evaluated and ranked according
to the revised criteria stated in the application and, from the list of
ranked schools, the first nine schools were placed on the FY 2003
Education Facilities Replacement Construction Priority List.
This notice is published under authority delegated by the Secretary
of the Interior to the Assistant Secretary for Indian Affairs in the
Departmental Manual at 209 DM 8.
Education Facilities Replacement Construction Priority List as of FY
2003
1. Turtle Mountain High School
2. Mescalero Apache School
3. Enemy Swim Day School
5. Navajo Preparatory School
6. Wingate High School
7. Pueblo Pintado Community School
8. Bread Springs Day School
9. Ojo Encino Day School
10. Chemawa Indian School
11. Beclabito Day School
12. Leupp School
Aurene Martin,
Acting Assistant Secretary--Indian Affairs.
[FR Doc. 03-17343 Filed 7-8-03; 8:45 am]
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