§ 741. Vocational rehabilitation services grants
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(a)Governing bodies of Indian tribes; amount; non-Federal share 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 (referred to in this section as “eligible individuals”), consistent with such eligible individuals’ strengths, resources, priorities, concerns, abilities, capabilities, interests, and informed choice, so that such individuals may prepare for, and engage in, high-quality employment that will increase opportunities for economic self-sufficiency. 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 chapter.
(b)Application; effective period; continuation of programs and services; separate service delivery systems
(1)No grant may be made under this part for any fiscal year unless an application therefor 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 subchapter to other individuals with disabilities residing in the State and that, where appropriate, may include services traditionally used by Indian tribes;
(C)contains assurances that the application was developed in consultation with the designated State unit of the State; and
(D)contains assurances that—
(i)all decisions affecting eligibility for vocational rehabilitation services, the nature and scope of available vocational rehabilitation services and the provision of such services will, consistent with this subchapter, be made by a representative of the tribal vocational rehabilitation program funded through the grant; and
(ii)such decisions will not be delegated to another agency or individual.
(2)The provisions of sections 5305, 5306, 5307, and 5321(a) of title 25 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 730(a)(1) of this title.
(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)Funds reserved for training and technical assistance
(1)From the funds appropriated and made available to carry out this part for any fiscal year, beginning with fiscal year 2015, the Commissioner shall first reserve not less than 1.8 percent and not more than 2 percent of the funds to provide training and technical assistance to governing bodies described in subsection
(a)for such fiscal year.
(2)From the funds reserved under paragraph (1), the Commissioner shall make grants to, or enter into contracts or other cooperative agreements with, entities that have experience in the operation of vocational rehabilitation services programs under this section to provide such training and technical assistance with respect to developing, conducting, administering, and evaluating such programs.
(3)The Commissioner shall conduct a survey of the governing bodies regarding training and technical assistance needs in order to determine funding priorities for such grants, contracts, or cooperative agreements.
(4)To be eligible to receive a grant or enter into a contract or cooperative agreement under this section, such an entity shall submit an application to the Commissioner at such time, in such manner, and containing a proposal to provide such training and technical assistance, and containing such additional information as the Commissioner may require. The Commissioner shall provide for peer review of applications by panels that include persons who are not government employees and who have experience in the operation of vocational rehabilitation services programs under this section.
(d)“Reservation” defined 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 [43 U.S.C. 1601 et seq.].
(Pub. L. 93–112, title I, § 121, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–413; Pub. L. 113–128, title IV, § 423, July 22, 2014, 128 Stat. 1659.)
Connections99 cite this · traces to 3
Cited by 99 sections · top 60
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U.S. Code
CFR
- § 361.5Applicable definitions.
- § 404.327When you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
- § 416.1338If you are participating in an appropriate program of vocational rehabilitation services, employment services, or other support services.
- § 371.1What is the American Indian Vocational Rehabilitation Services program?
- § 411.310How does an entity other than a State VR agency apply to be an EN and who will determine whether an entity qualifies as an EN?
- § 411.315What are the minimum qualifications necessary to be an EN?
statutes-at-large
- Public Law 93–515
- Public Law 102–569To revise and extend the programs of the Rehabilitation Act of 1973, and for other purposes
- Public Law 94–230To amend the Rehabilitation Act of 1973 to extend the authorizations of appropriations contained in such Act
- Public Law 100–630To make certain technical and conforming amendments to the Education of the Handicapped Act and the Rehabilitation Act of 1973, and for other purposes
- Public Law 99–506To extend and improve the Rehabilitation Act of 1973
- Public Law 95–602To amend the Rehabilitation Act of 1973 to extend certain programs established in such Act, to establish a community service employment program for handicapped individuals, and to provide comprehensive services for independent living for handicapped individuals, to amend the Developmental Disabiliti
- Public Law 102–52To amend the Rehabilitation Act of 1973 to extend the programs of such Act, and for other purposes
- Public Law 105–220To consolidate, coordinate, and improve employment, training, literacy, and vocational rehabilitation programs in the United States, and for other purposes
- Public Law 105–332To amend the Carl D
- Public Law 98–221To revise and extend the Rehabilitation Act of 1973, to provide for the operation of the Helen Keller National Center for Deaf-Blind Youths and Adults, to extend the Developmental Disabilities Assistance and Bill of Rights Act, and for other purposes
- Public Law 105–276Making appropriations for the Departments of Veterans Affairs and Housing and Urban Development, and for sundry independent agencies, boards, commissions, corporations, and offices for the fiscal year ending September 30, 1999, and for other purposes
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48 references not yet in our index
- Pub. L. 93–112, title I, § 121
- Pub. L. 105–220, title IV, § 404
- 112 Stat. 1166
- Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)]
- 112 Stat. 2681–337
- 128 Stat. 1659
- Pub. L. 92–203
- 85 Stat. 688
- Pub. L. 105–220
- Pub. L. 102–569, title I, § 134(a)
- 106 Stat. 4392
- 87 Stat. 373
- Pub. L. 93–516, title I, § 102(c)
- 88 Stat. 1618
- Pub. L. 93–651, title I, § 102(c)
- 89 Stat. 2–3
- Pub. L. 94–230, § 2(c)
- 90 Stat. 211
- Pub. L. 95–602, title I
- 92 Stat. 2957
- Pub. L. 98–221, title I, § 114
- 98 Stat. 23
- Pub. L. 99–506, title I, § 103(d)(2)(C)
- 100 Stat. 1810
- Pub. L. 100–630, title II, § 202(h)
- 102 Stat. 3306
- Pub. L. 102–52, § 2(b)(2)
- 105 Stat. 260
- Pub. L. 102–569
- Pub. L. 93–112, title I, § 122
- 106 Stat. 4393
- Pub. L. 93–112, title I, § 123
- Pub. L. 93–112, title I, § 124
- 106 Stat. 4395
- Pub. L. 103–73, title I, § 107(h)
- 107 Stat. 723
- Pub. L. 93–112, title I, § 130
- 87 Stat. 374
- Pub. L. 93–516, title I, § 111(g)
- 88 Stat. 1621
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§ 741
Vocational rehabilitation services grants
Fed. Reg.×56
Bills×16
Stat.×12
C.F.R.×6
U.S.C.×4
Stat. Comp.×3
Pub. L.×2
Pub. L.Pub. L. 93–112, title I, § 121
Pub. L.Pub. L. 105–220, title IV, § 404
Stat.112 Stat. 1166
Pub. L.Pub. L. 105–277, div. A, § 101(f) [title VIII, § 402(b)(10)]
Stat.112 Stat. 2681–337
Cites 51 · showing 8Cited by 99 across 7 sources