APPENDIX C

PROGRAM STATUE AND REGULATION

THE REHABILITATION ACT OF 1973, AS AMENDED

**TITLE I, SECTION 121: American Indian Vocational Rehabilitation
Services**

**[Sec. 121(a)]{.underline}:** The Commissioner, in accordance with the
provisions of this part, may make grants to the governing bodies of
Indian tribes located on Federal and State reservations (and consortia
of such governing bodies) to pay 90 percent of the costs of vocational
rehabilitation services for American Indians who are individuals with
disabilities residing on or near such reservations. The non‑Federal
share of such costs may be in cash or in kind, fairly valued, and the
Commissioner may waive such non‑Federal share requirement in order to
carry out the purposes of this Act.

> **(b)(1)** No grant may be made under this part for any fiscal year
> unless an application therefore has been submitted to and approved by
> the Commissioner. The Commissioner may not approve an application
> unless the application‑‑
>
> **(A)** is made at such time, in such manner, and contains such
> information as the Commissioner may require;
>
> **(B)** contains assurances that the rehabilitation services provided
> under this part to American Indians who are individuals with
> disabilities residing on or near a reservation in a State shall be, to
> the maximum extent feasible, comparable to rehabilitation services
> provided under this title to other individuals with disabilities
> residing in the State and that, where appropriate, may include
> services traditionally used by Indian tribes; and
>
> **(C)** contains assurances that the application was developed in
> consultation with the designated State unit of the State.
>
> **(2)** The provisions of sections 5, 6, 7, and 102(a) of the Indian
> Self‑Determination and Education Assistance Act shall be applicable to
> any application submitted under this part. For purposes of this
> paragraph, any reference in any such provision to the Secretary of
> Education or to the Secretary of the Interior shall be considered to
> be a reference to the Commissioner.
>
> **(3)** Any application approved under this part shall be effective
> for not more than 60 months, except as determined otherwise by the
> Commissioner pursuant to prescribed regulations. The State shall
> continue to provide vocational rehabilitation services under its State
> plan to American Indians residing on or near a reservation whenever
> such State includes any such American Indians in its State population
> under section 110(a)(1).
>
> **(4)** In making grants under this part, the Secretary shall give
> priority consideration to applications for the continuation of
> programs which have been funded under this part.

**(5)** Nothing in this section may be construed to authorize a separate
service delivery system for Indian residents of a State who reside in
non‑reservation areas.

> **(c)** The term *\"reservation\"* includes Indian reservations,
> public domain Indian allotments, former Indian reservations in
> Oklahoma, and land held by incorporated Native groups, regional
> corporations, and village corporations under the provisions of the
> Alaska Native Claims Settlement Act.

**TITLE 34\--EDUCATION**

CHAPTER III\--OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES,
DEPARTMENT OF EDUCATION

PART 371\--VOCATIONAL REHABILITATION SERVICE PROJECTS FOR AMERICAN
INDIANS WITH DISABILITIES

Subpart A\--General

Sec.

371.1 What is the Vocational Rehabilitation Services Program for

American Indians with Disabilities?

371.2 Who is eligible for assistance under this program?

371.3 What regulations apply to this program?

371.4 What definitions apply to this program?

371.5 What is the length of the project period under this program?

Subpart B\--What Kinds of Activities Does the Department of Education

Assist Under This Program?

371.10 What types of projects are authorized under this program?

Subpart C\--How Does One Apply for a Grant?

371.20 What are the application procedures under this program?

371.21 What are the special application requirements related to the

State plan Program?

Subpart D\--How Does the Secretary Make a Grant?

371.31 How are grants awarded?

Subpart E\--What Conditions Apply to a Grantee Under This Program?

371.40 What are the matching requirements?

371.41 What are allowable costs?

371.42 How are services to be administered under this program?

371.43 What other special conditions apply to this program?

Authority: 29 U.S.C. 711(c) and 750, unless otherwise noted.

Source: 46 FR 5423, Jan. 19, 1981, unless otherwise noted.

Subpart A\--General

Sec. 371.1 What is the Vocational Rehabilitation Services Program for
American Indians with Disabilities?

This program is designed to provide vocational rehabilitation services
to American Indians with disabilities who reside on Federal or State
reservations, consistent with their individual strengths, resources,
priorities, concerns, abilities, capabilities, and informed choice so
that they may prepare for and engage in gainful employment.

(Authority: Secs. 100(a)(2) and 130(a) of the Act; 29 U.S.C. 720(a)(2)
and 750(a))

\[60 FR 58137, Nov. 24, 1995\]

Sec. 371.2 Who is eligible for assistance under this program?

Applications may be made only by the governing bodies of Indian tribes
and consortia of those governing bodies located on Federal and State
reservations.

(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987\]

Sec. 371.3 What regulations apply to this program?

The following regulations apply to this program\--

\(a\) 34 CFR part 369;

\(b\) The regulations in this part 371.

(Authority: Sec. 130 of the Act; 29 U.S.C. 750)

Sec. 371.4 What definitions apply to this program?

\(a\) The definitions in 34 CFR part 369 apply to this program;

\(b\) The following definitions also apply specifically to this

program\--

American Indian means a person who is a member of an Indian tribe.

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

Consortium means two or more eligible governing bodies of Indian tribes
that make application as a single applicant under an agreement whereby
each governing body is legally responsible for carrying out all of the
activities in the application.

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

Governing bodies of Indian tribes means those duly elected or appointed
representatives of an Indian tribe or of an Alaskan native village.
These representatives must have the authority to enter into contracts,
agreements, and grants on behalf of their constituency.

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

Indian tribe means any Federal or State Indian band, rancheria, pueblo,
colony, and community, including any Alaskan native village or regional
village corporation (as defined in or established pursuant to the Alaska
Native Claims Settlement Act).

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

Reservation means a Federal or State Indian reservation, public domain
Indian allotment, former Indian reservation in Oklahoma, and land held
by incorporated Native groups, regional corporations and village

corporations under the provisions of the Alaska Native Claims Settlement
Act.

(Authority: Secs. 12(c) and 130(c) of the Act; 29 U.S.C. 711(c) and
750(c))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987;
59 FR 8338, Feb. 18, 1994\]

Sec. 371.5 What is the length of the project period under this program?

\(a\) The Secretary approves a project period of up to three years.

\(b\) The Secretary may extend a grant for up to two additional years if
the grantee includes in its extension request\--

\(1\) An assurance that the project is in compliance with all applicable
program requirements; and

\(2\) Satisfactory evidence that\--

\(i\) The project has made substantial and measurable progress in
meeting the needs of American Indians with disabilities on the
reservation or reservations it serves;

\(ii\) American Indians with disabilities who have received project
services have achieved employment outcomes consistent with their
strengths, resources, priorities, concerns, abilities, capabilities, and
informed choice; and

\(iii\) There is a continuing need for the project.

(Approved by the Office of Management and Budget under control number
1820-0018)

(Authority: Section 130(b)(3) of the Act; 29 U.S.C. 750(b)(3))

\[60 FR 58137, Nov. 24, 1995\]

Subpart B\--What Kinds of Activities Does the Department of Education
Assist Under This Program?

Sec. 371.10 What types of projects are authorized under this program?

The Vocational Rehabilitation Service Program for American Indians with
Disabilities provides financial assistance for the establishment and
operation of tribal vocational rehabilitation service programs for

American Indians with disabilities who reside on Federal or State
reservations.

(Authority: Sec. 130(a) of the Act; 29 U.S.C. 750(a))

\[59 FR 8338, Feb. 18, 1994\]

Subpart C\--How Does One Apply for a Grant?

Sec. 371.20 What are the application procedures for this program?

In the development of an application, a governing body or consortium is
required to consult with the designated State unit or the designated
State units of the State or States in which vocational rehabilitation
services are to be provided.

(Authority: Sec. 130(b) of the Act; 29 U.S.C. 750(b))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987\]

Sec. 371.21 What are the special application requirements related to the
State plan program?

Each applicant under this program must provide evidence that\--

\(a\) Effort will be made to provide a broad scope of vocational
rehabilitation services in a manner and at a level of quality at least
comparable to those services provided by the designated State unit under
34 CFR part 361.

(Authority: Sec. 12(c) of the Act; 29 U.S.C. 711(c))

\(b\) All decisions affecting eligibility for and the nature and scope
of vocational rehabilitation services to be provided, and the provision
of these services, will be made by the tribal vocational rehabilitation
program through its vocational rehabilitation unit and will not be
delegated to another agency or individual.

(Authority: Secs. 12(c) and 101(a) of the Act; 29 U.S.C. 711(c) and
721(a))

\(c\) Priority in the delivery of vocational rehabilitation service will
be given to those American Indians with disabilities who are the most
severely disabled.

(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c) and
721(a)(5))

\(d\) An order of selection of individuals with disabilities to be
served under the program will be specified if services cannot be
provided to all eligible American Indians with disabilities who apply.

(Authority: Secs. 12(c) and 101(a)(5) of the Act; 29 U.S.C. 711(c) and
721(a)(5))

\(e\) All vocational rehabilitation services will be provided according
to an individualized written rehabilitation program which has been
developed jointly by the representative of the service providing
organization and each American Indian with disabilities being served.

(Authority: Secs. 12(c) and 101(a)(9) of the Act; 29 U.S.C. 711(c) and
721(a)(9))

\(f\) American Indians with disabilities living on Federal or State
reservations where service programs are being carried out under this
part will have an opportunity to participate in matters of general
policy development and implementation affecting vocational
rehabilitation service delivery on the reservation.

(Authority: Secs. 12(c) and 101(a)(18) of the Act; 29 U.S.C. 711(c) and
721(a)(18))

\(g\) Cooperative working arrangements will be developed with the
designated State unit, or designated State units, as appropriate, which
are providing vocational rehabilitation services to other individuals
with disabilities who reside in the State or States being served.

(Authority: Secs. 12(c) and 101(a)(11) of the Act; 29 U.S.C. 711(c) and
721(a)(11))

\(h\) Any similar benefits available to American Indians with
disabilities under any other program which might meet in whole or in
part the cost of any vocational rehabilitation service will be fully
considered in the provision of vocational rehabilitation services in
accordance with 34 CFR part 361.

(Authority: Secs. 12(c) and 101(a)(8) of the Act; 29 U.S.C. 711(c) and
721(a)(8))

\(i\) Any American Indian with disabilities who is an applicant or
recipient of services, and who is dissatisfied with a determination made
by a counselor or coordinator under this program and files a request for
a review, will be afforded a review under procedures developed by the
grantee comparable to those under the provisions of section 102(d)
(1)-(3) of the Act.

(Authority: Secs. 12(c) and 102(d) of the Act; 29 U.S.C. 711(c) and
722(d))

\(j\) Minimum standards will be established for community rehabilitation
programs and providers of service which will be comparable to the
standards set by the designated State unit or designated State units in
the State or States in which the program is to be provided; and

(Authority: Secs. 12(c) and 101(a) (6) and (7) of the Act; 29 U.S.C.
711(c) and 721(a) (6) and (7))

\(k\) Maximum use will be made of public or other vocational or
technical training facilities or other appropriate community resources.

(Authority: Secs. 12(c) and 101(a)(12) of the Act; 29 U.S.C. 711(c) and
721(a)(12))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987;
59 FR 8337, 8338, Feb. 18, 1994\]

Subpart D\--How Does the Secretary Make a Grant?

Sec. 371.31 How are grants awarded?

To the extent that funds have been appropriated under this program, the
Secretary approves all applications which meet acceptable standards of
program quality. If any application is not approved because of
deficiencies in proposed program standards, the Secretary provides
technical assistance to the applicant Indian tribe with respect to any

areas of the proposal which were judged to be deficient.

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

Subpart E\--What Conditions Apply to a Grantee Under This Program?

Sec. 371.40 What are the matching requirements?

\(a\) Federal share. Except as provided in paragraph (c) of this
section, the Federal share may not be more than 90 percent of the total
cost of the project.

\(b\) Non-Federal share. The non-Federal share of the cost of the
project may be in cash or in kind, fairly valued.

\(c\) Waiver of non-Federal share. In order to carry out the purposes of
the program, the Secretary may waive the non-Federal share requirement,
in part or in whole, only if the applicant demonstrates that it does not
have sufficient resources to contribute the non-Federal share of the
cost of the project.

(Authority: Secs. 12(c) and 130(a) of the Act; 29 U.S.C. 711(c) and
750(a))

\[52 FR 30556, Aug. 14, 1987\]

Sec. 371.41 What are allowable costs?

\(a\) In addition to those allowable costs established in EDGAR Secs.
75.530-75.534, the following items are allowable costs under this
program\--

\(1\) Expenditures for the provision of vocational rehabilitation
services and for the administration, including staff development, of a
program of vocational rehabilitation services.

\(2\) Expenditures for services reflecting the cultural background of
the American Indians being served, including treatment provided by
native healing practitioners who are recognized as such by the tribal
vocational rehabilitation program when the services are necessary to
assist an individual with disabilities to achieve his or her vocational

rehabilitation objective.

\(b\) Expenditures may not be made under this program to cover the costs
of providing vocational rehabilitation services to individuals with
disabilities not residing on Federal or State reservations.

(Authority: Secs. 12(c) and 130(a) of the Act; 29 U.S.C. 711(c) and
750(a))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987;
59 FR 8337, Feb. 18, 1994\]

Sec. 371.42 How are services to be administered under this program?

\(a\) Directly or by contract. A grantee under this part may provide the
vocational rehabilitation services directly or it may contract or
otherwise enter into an agreement with a designated State unit, a
community rehabilitation program, or another agency to assist in the
implementation of the vocational rehabilitation service program for

American Indians with disabilities.

\(b\) Inter-tribal agreement. A grantee under this part may enter into
an inter-tribal arrangement with governing bodies of other Indian tribes
for carrying out a project that serves more than one Indian tribe.

\(c\) Comparable service program. To the maximum extent feasible,
services provided by a grantee under this part must be comparable to
rehabilitation service provided under this title to other individuals
with disabilities residing in the State.

(Authority: Secs. 12(c) and 130 of the Act; 29 U.S.C. 711(c) and 750)

\[52 FR 30556, Aug. 14, 1987, as amended at 59 FR 8337, 8338, Feb. 18,
1994\]

Sec. 371.43 What other special conditions apply to this program?

\(a\) Any American Indian with disabilities who is eligible for service
under this program but who wishes to be provided service by the
designated State unit must be referred to the State unit for such
services.

\(b\) Preference in employment in connection with the provision of
vocational rehabilitation services under this section must be given to
American Indians, with a special priority being given to American
Indians with disabilities.

\(c\) The provisions of sections 5, 6, 7, and 102(a) of the Indian
Self-Determination and Education Assistance Act also apply under this
program. These provisions relate to grant reporting and audit
requirements, maintenance of records, access to records, availability of
required reports and information to Indian people served or represented,

repayment of unexpended Federal funds, criminal activities involving
grants, penalties, wage and labor standards, preference requirements for
American Indians in the conduct and administration of the grant, and
requirements affecting requests of tribal organizations to enter into
contracts. For purposes of applying these requirements to this program,
the Secretary carries out those responsibilities assigned to the
Secretary of Interior.

(Authority: Secs. 12(c) and 130(b)(2) of the Act; 29 U.S.C. 711(c) and
750(b)(2))

\[46 FR 5423, Jan. 19, 1981, as amended at 52 FR 30555, Aug. 14, 1987;
59 FR 8337, Feb. 18, 1994\]