Negotiated Rulemaking

What is Negotiated Rulemaking?

Negotiated rulemaking is a process which brings together representatives of various interest groups and a federal agency to negotiate the text of a proposed rule. The goal of a negotiated rulemaking proceeding is for the Committee to reach consensus on the text of a proposed rule.

Tribal Consultation on the No Child Left Behind Act of 2001

The No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee will conduct five (5) consultation meetings with Indian tribes, Indian school boards, Indian organizations, parents, student organizations, school employees, Bureau employees, and other interested parties to obtain oral and written comments concerning a draft report to provide Congress and the Secretary of the Interior comprehensive information about the conditions and funding needs of facilities at Bureau-funded schools, as required by the No Child Left Behind Act of 2001.  Please open flyer for detailed information.

• Federal Register Notice [76 FR 33180 June 8, 2011] Notice of tribal consultation meetings (PDF 179 KB) 
• Draft Agenda for Tribal Consulation Sessions (8 KB)
• Draft Committee Report (PDF 3,080 KB)
• Consultation Topic Summaries (PDF 25 KB)
• Flyer on Dates and Locations (PDF 250 KB)

Written comments will be accepted through July 29, 2011, and may be mailed or faxed to Michele F. Singer, the Designated Federal Officer.

History of the No Child Left Behind (NCLB) School Facilities and Construction Negotiated Rulemaking Committee

The No Child Left Behind Act of 2001 (Pub. L. 107-110), codified at 25 U.S.C. 2001 et seq., requires the Secretary of the Interior to establish a negotiated rulemaking committee to issue a report or reports relating to specific areas of Indian education.

In the fall of 2006, the Department sought assistance with this effort from the U.S. Institute for Environmental Conflict Resolution (USIECR). The USIECR conducted a convening assessment and contracted with an independent, impartial convening team, the Consensus Building Institute (CBI), to carry out interviews and prepare a draft convening report. The topics covered in CBI's interviews were: methods used to catalog school facilities, formulas for prioritizing and funding school replacement construction and new construction, and formulas for prioritizing and funding school renovation and repair. The Final Convening Report prepared by CBI was released on March 5, 2008. Negotiated Rulemaking Committee on Bureau of Indian Affairs-Funded School Facilities Construction (.pdf) - 2.5 KB

On October 22, 2008, the Secretary of the Interior announced the Department's intent to form a negotiated rulemaking committee to prepare a report or reports regarding Bureau-funded school facilities as required under the No Child Left Behind Act of 2001. The Secretary requested that tribes nominate individuals for membership. Federal Register Notice [73 FR 63008] Notice of intent to form a negotiated rulemaking committee (.pdf) - 64 KB

On January 9, 2009, the Secretary of the Interior extended the deadline from December 8, 2008, to January 23, 2009, for tribes to nominate individuals for membership on the No Child Left Behind Negotiated Rulemaking Committee. Federal Register Notice [74 FR 454] Extension of time for submitting nominations (.pdf) - 60 KB

On December 11, 2009, the Secretary of the Interior appointed members of the Committee to prepare and submit a report or reports regarding Bureau-funded school facilities. Federal Register Notice [74 FR 65784] No Child Left Behind Act of 2001 - Membership of the School Facilities and Construction Negotiated Rulemaking Committee (.pdf) - 60 KB

On December 8, 2009, the Secretary of the Interior signed the Charter for the No Child Left Behind School Facilities and Construction Negotiated Rulemaking Committee (Committee), official designation. The Charter was then filed on January 4, 2010.

Bureau of Indian Education - National Directory as of April 2009 (.pdf) - 8.71MB

Progress to Date & Key Documentation

First Meeting held January 5/6/7, 2010 - Albuquerque, New Mexico

Agenda
Meeting Minutes/Summary

Presentations:

• Legal Requirements - DFO
• Process Overview – CBI
• Overview of Existing Schools – BIE
• Existing Status of School Facilities Catalogue and Processes – OFMC
• Negotiation Capacity Building

Handouts:

• Executive Order 13175 of November 6, 2000 - Consultation and Coordination with Indian Tribal Governments
• Memorandum of November 5, 2009 – Tribal Consultation (74 FR 57881 – 11/09/2009)
• GAO – School Facilities / Reported Condition and Costs to Repair Schools Funded by Bureau of Indian Affairs (GAO/HEHS-98-47 – December 1997)
• OIG – Evaluation Report / Evaluation of Controls to Prevent Violence at Bureau of Indian Education Operated Education Facilities (Report No. NM-EV-BIE-0001-2008 – August 2008)
• Educational Space Criteria Handbook (11/01/2005)
• Statutes Relevant to NCLB Negreg 2010

Requested Documents:

• 25 CFR Part 36 – Home-living Programs Final Rule (72 FR 68491 - 12/5/2007)
• Applicable Federal health and Safety Codes and Standards – BIA / OFMC (10/8/2009)
• BIA / OFMC – School Facilities Design Handbook (3/30/2007)
• Final Safety and Health Inspection and Certificate of Occupancy Guidelines (8/31/09)
• GAO – Expenditures in Selected Schools are Comparable to Similar Public Schools, but Data are Insufficient to Judge Adequacy of Funding and Formulas (GAO-03-995 – September 2003)
• BIA/OFMC Facility Improvement and Repair/Replacement Facility Projects (Total Projects as of January 2010)
• Replacement School Construction Priority List as of FY 2004 (69 FR 13870 – 3/24/2004)
• Safety, Health and Accessibility Design Guidelines for Architects, Engineers and Design Firms (5/22/2009 v7)
• BIE Spreadsheet – School Listing by Reservation-Type-ADD-ELO-Portables-ADM07/08-State (as of February 2010)
• OFMC Spreadsheet – Schools in Poor Condition (as of 12/2009)
• OFMC Spreadsheet – Status Replacement Schools – FR Listing dated 3/24/04

FMIS Training held March 10/11, 2010 - Albuquerque, New Mexico

Agenda

• NCLB FMIS power point presentation
• DOI 2011 Budget Guidance (Attachment G) 4/9/2008
• BIA/OFMC Enrollment Projections for Replacement Schools and Improvement/Repair Projects
• Sum of Least Squares Calculation
• Backlogs for FMIS Priority Ranking - 2008 Five year Plan
• Sample Project Data Sheet - FI&R
• Sample Exhibit 300 - FI&R
• Sample Project Data Sheet - Replacement Facility Construction
• Sample Exhibit 300 - Replacement Facility Construction
• BIA Replacement School Process
• Sample Project Data Sheet - Replacement School
• Sample Exhibit 300 - Replacement School
• Educational Space Criteria Handbook (11/01/2005)

Handouts:

• Education Construction Funding FY 2001-FY2010 (Proposed 2011) - Ranking Process Data
• OIG Memorandum Report No. X-VS-BIA-0012-2009 dated August 31, 2009 - Verification Review of the Three Recommendation Contained in the Audit Report Titled, "Bureau of Indian Affairs, Use of Facilities Improvement and Repair Funds" (Report No. C-IN-BIA-0015-2004)
• OIG Audit Report No. 2003-I-0070; September 2003 - Bureau of Indian Affairs School Construction Planning and Design Process
• OIG Report No. W-FL-BIA-0047-2002; February 2004 - Improvements Needed to Ensure Safety and Program Performance / School Construction Program
• Recommended Minimum Qualification Standards for Project Manager Employed Under PL 93-638 Contracts or PL 100-297 Grants
• Architect-Engineer Firm Selection for PL 100-297 Grants
• DOI Green Book Appropriation Language for Construction
• DOI Green Book - Education Construction

March 29, 2010 - notice of second Committee meeting. Federal Register Notice [75 FR 15389] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - second meeting in Seattle, WA. (.pdf) - 57 KB.

Flyer inviting Bureau-funded schools in the NW Region to attend the Committee meeting and/or provide comments for Committee consideration.

Second Meeting held April 12/13/14/15, 2010 - Seattle, Washington

Agenda 
Meeting Minutes/Summary

• Facility Improvement and Repair (FI&R) - OFMC
• Report to the Committee - Dormitory Standards Subcommittee
• Report to the Committee- Catalog Subcommittee

Committee Material:

• Committee Operating Procedures - Final
• Criteria for Guiding the Work of the Committee
• Report Outline Draft
• School Visit and FMIS Training - Summary of Key Conversations and Next Step (March 9-11, 2010 - Albuquerque, NM)

Handouts:

• DOI 2011 Budget Guidance (Attachment G) 4/9/2008
• GAO - New Facilities Management Information System Promising, but Improved Data Accuracy Needed (GAO-03-692 - July 2003)
• OFMC Spreadsheet - Summary of all open, proposed, committed and funded backlogs
• OFMC Spreadsheet – Schools in Poor Condition (as of 12/2009)
• OFMC Spreadsheet - Education Facilities Construction Plan (updated 03/02/2009)
• Formula subcommittee charge - by CBI
• U.S. Department of Education - A Blueprint for Reform; The Reauthorization of the Elementary and Secondary Education Act (March 2010)

Development of NCLB Fact Sheet the Committee would like to share with the General Public.

June 24, 2010 - notice of third Committee meeting. Federal Register Notice [75 FR 36117] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - third meeting in Rapid City, SD. (.pdf) - 56 KB.

Third Meeting held July 12/13/14/15, 2010 - Rapid City, South Dakota

Agenda

Meeting Minutes/Summary

• BIE Briefing on Native American Student Information Sytem (NASIS)
• Report to the Committee - Catalog Subcommittee

Committee Material:

• Travel Policy for Committee Support for Caucusing and Outreach Activities
• Travel Policy for Committee Attendance at Meetings or Conferences
• Draft - NCLB Committee Report Outline

Memo dated July 29, 2010 from the Designated Federal Official on "Complementary Education Facilities that do not exist but that are needed"; request for an assessment at each Bureau-funded school.

Memo dated September 16, 2010 from the Bureau of Indian Education on Facilities Management Information System (FMIS) Survey.

September 28, 2010 - notice of fourth Committee meeting. Federal Register Notice [75 FR 59672] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - fourth meeting in Bloomington, MN. (.pdf) 54 KB.

Fourth Meeting held October 12/13/14/15, 2010 - Bloomington, Minnesota

Meeting Minutes/Summary

• Arizona AYP Terms
• New Mexico AYP Terms
• Complementary Educational Facilities Needs - Summary of Survey Responses as of 09/30/2010 (this will be updated to reflect responses received after 09/30/2010
• School Survey Questions on FMIS - Summary of Survey Responses as of 09/30/2010 (this will be updated to reflect responses received after 09/30/2010)

January 14, 2011 - notice of fifth Committee meeting. Federal Register Notice [76 FR 2617] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - fifth meeting in Nashville, TN. (.pdf) - 57 KB.

 Fifth Meeting held February 1/2/3/4, 2011 - Nashville, Tennessee

Agenda 

Meeting Minutes/Summary

Presentation:

• Rate of Deterioration - OFMC

Committee Material: 

• Complementary Educational Facilities Need - updated with results received as of 01/10/2011
• School Survey Questions on FMIS - updated with results received as of 01/10/2011
• NCLB Committee Tribal Outreach/Consultation Plan (draft)

• GAO report - BIA and DOD Schools: Student Achievement and Other Characteristics Often Differ from Public Schools' (GAO-01-934 dated September 2001)

During this meeting, all tribal Committee members present drafted and submitted a letter to the Secretary of the Interior regarding Resolution of Communication and Facilitation Breakdown between OFMC and BIE. Letter is dated February 5, 2011.

April 12, 2011 - notice of sixth Committee meeting. Federal Register Notice [76 FR 20287] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - sixth meeting in Albuquerque, NM. (.pdf) - 45 KB.

 Sixth Meeting held April 27/28/29, 2011 - Albuquerque, New Mexico

Agenda 

Meeting Minutes/Summary

Presentations:

• Overview of Special Programs - OFMC
• New School Replacement Formula (test results) - OFMC (at the requested of the Committee)

• MI&R Options for the Committee worksheet
• Overview of IA and BIE's Organization Charts, Education Construction Funding Process, Operations & Maintenance Funding Process, and OFMC Programs - OFMC
• OFMC Flow of Input to FMIS (diagram)
• OFMC FMIS Responsibility Matrix
• OFMC Facility Deficiency Flow Diagram
• OFMC FY2011 Priority Backlogs for Supplemental Funding (spreadsheet)
• Potential locations for NCLB outreach on Committee's work
• DRAFT NCLB Tribal Consultation Plan

Handouts:

• BIA/OFMC Asset Priority Index Scoring
• OFMC Planned MI&R Funding for 2011

Material received as requested by the Committee (action items):

• GAO report - BIA Schools: Expenditures in Selected Schools are Comparable to Similar Public Schools, but Data are Insufficient to Judge Adequacy of Funding and Formulas (GAO-03-955 dated September 2003)
• Age of School Structures Detailed Report (OFMC spreadsheet dated 9/20/2010)
• Backlogs by BIA Contract and Grant Schools (OFMC spreadsheet dated January 2011)
• Average Age of Schools (OFMC spreadsheet dated January 2011)
• IA Education Construction Funding FY2011 - FY2010 with ARRA (OFMC spreadsheet dated January 2011)
• DRAFT FMIS Overview (OFMC overview dated January 2011)
• Summary of Projects Pre FY2001 - FY2010 with ARRA - Number of School New Replacement Construction/Replacement Facility Construction or Major FI&R (OFMC spreadsheet dated January 2011)
• DRAFT Overview of School Conditions (OFMC overview)
• IA OFMCMI&R Programs FY2010 Funded Backlogs for all Education Locations (OFMC spreadsheet dated 12/17/2010)
• IA Education FCI FY2011 (OFMC spreadsheet)
• NCLB Budget Estimate through Completion 2011 (US Institute spreadsheet dated 2/2/2011)
• O&M Need vs. Funding FY2006 thru FY2010 (OFMC spreadsheet dated January 2011)
• DRAFT FMIS Access Issues / Corrective Solutions (OFMC draft document dated March 2011)
• DRAFT Overview of Environmenal Issues at Schools (OFMC draft document)
• Facility Condition Assessment for BIA - RFQ542299 (OFMC)
• Education Facilities Construction Priority List as of FY1993 (58 FR 579 dated 1/6/1993)
• Education Facilities Construction Priority List as of FY2000 (66 FR 1689 dated 1/9/2001)
• Education Facilities Construction Priority List as of FY2003 (68 FR 4098 dated 7/9/2003)
• Education Facilities Construction Priority List as of FY2004 (69 FR 13870 dated 3/24/2004)
• BIA Instruction and Application for Replacement School Construction (revision 6 dated 2/26/1999)
• The White House - Remarks by the President at the White House Tribal Nations Conference (dated 12/16/2010)
• Secretary Salazar, Assistant Secretary Echo Hawk Submit Draft Consultation Policy to Tribal Leaders (dated 1/14/2011)
• Senate Committee on Indian Affairs - Testimony of Charles Rose, General Counsel, U.S. Department of Education (dated 6/17/2010)

Tribal Consultation

• DRAFT NCLB Tribal Consultation Locations/Dates

August 31, 2011 - notice of seventh Committee meeting. Federal Register Notice [76 FR 54162] Notice of the NCLB School Facilities and Construction Negotiated Rulemaking Committee - seventh meeting in Washington, DC. (.pdf) - 146 KB.

 Seventh Meeting held September 19/20/21/22, 2011 - Washington, DC

Agenda 

Meeting Minutes/Summary [to be posted when Committee has approved]

• Committee Presentation of Recommendations to DOI, BIA and Congressional Officials (.pdf) - 1.14 MB

Committee Material:

• Summary of Key Points from all Consultations & Submitted Comments (.pdf) - 140 KB
• Summary of Public Comments related to New School Selection Formula
• Summary of Public Comments related to MI&R Formula
• Meeting 6 summary - MI&R Formula and Process
• DoDEA Begins School Year with Facilities Renovation and Construction Initiative [article dated August 10, 2010] (.pdf) - 1.00 MB
• Comparison of Department of Defence schools with Bureau funded Schools (.pdf) - 57 KB
• The American Jobs Act September 2011 - Highlighting BIE needs (.pdf) - 172 KB
• Worksheet provided by OFMC - FCI as of September 2011 (.pdf) - 35.4 KB
• Worksheet provided by OFMC - MI&R Funded from FY 2007 through FY 2011 (.pdf) - 64.1 KB
• Worksheet provided by OFMC - BIE Schools with Portable Buildings (.pdf) - 43.8 KB

Regions

Click the map to view our regions and their office contact information and the tribes served by that region

For Further Information Contact: 

• RACA Home Page
• Regulations and Information Collection
• The Federal Register and FR Notices
  
• Negotiated Rulemaking
• Indian Affairs Directives System: Policies, Directives, Manuals & Handbooks
  
• Conflict Resolution: CORE PLUS Program