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 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 chapter.
(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 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; and
(C) contains assurances that the application was developed in consultation with the designated State unit of the State.
(2) The provisions of sections 450c, 450d, 450e, and 450f(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 less than twelve months or more than 36 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 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.
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, §130, Sept. 26, 1973, 87 Stat. 374; Pub. L. 93–516, title I, §111(g), Dec. 7, 1974, 88 Stat. 1621; Pub. L. 93–651, title I, §111(g), Nov. 21, 1974, 89 Stat. 2–6; Pub. L. 95–602, title I, §106, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 99–506, title I, §103(d)(2)(C), title II, §211, title X, §1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819, 1844; Pub. L. 100–630, title II, §202(i), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102–569, title I, §102(p)(11), Oct. 29, 1992, 106 Stat. 4357.)
The Alaska Native Claims Settlement Act, referred to in subsec. (c), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
For history of Pub. L. 93–651, which enacted amendments identical to Pub. L. 93–516, see Codification note set out under section 701 of this title.
1992—Subsec. (a). Pub. L. 102–569, §102(p)(11)(A), substituted “American Indians who are individuals with disabilities” for “American Indians with handicaps”.
Subsec. (b)(1)(B). Pub. L. 102–569, §102(p)(11), substituted “American Indians who are individuals with disabilities” for “American Indians with handicaps” and “other individuals with disabilities” for “other individuals with handicaps”.
1988—Subsec. (a). Pub. L. 100–630, §202(i)(1), inserted comma after “part” and substituted “American Indians with handicaps” for “handicapped American Indians”.
Subsec. (b)(1)(B). Pub. L. 100–630, §202(i)(2), substituted “American Indians with handicaps” for “handicapped American Indians”.
Subsecs. (c) to (e). Pub. L. 100–630, §202(i)(3), which redesignated subsec. (e) as (c) and struck out subsec. (d), was executed without regard to the purported amendment by Pub. L. 95–602 as the probable intent of Congress. Prior to amendment, subsec. (d) read as follows: “For the purpose of computing the allotment of any State under section 730(a) of this title, the number of American Indians residing on a reservation to be served by a grant under this part shall be subtracted from the population used for such State in section 730(a)(1) of this title as follows:
“(1) 33 percent of such American Indians in the first fiscal year during which such Indians are served by grants under this part;
“(2) 66 percent of such American Indians in the second fiscal year during which such Indians are served by grants under this part; and
“(3) 100 percent of such American Indians in the third fiscal year during which such Indians are served by grants under this part.”
1986—Subsec. (a). Pub. L. 99–506, §211(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “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 to pay 90 percent of the costs of vocational rehabilitation services for handicapped American Indians residing on such reservations.”
Subsec. (b)(1)(B). Pub. L. 99–506, §§103(d)(2)(C), 211(b)(1), substituted “individuals with handicaps” for “handicapped individuals” and inserted provision including services traditionally used by Indian tribes.
Subsec. (b)(2). Pub. L. 99–506, §1002(b)(1), substituted “Secretary of Education” for “Secretary of Health, Education, and Welfare”.
Subsec. (b)(3). Pub. L. 99–506, §211(b)(2), inserted “or more than 36 months,” after “months”.
Subsec. (b)(4), (5). Pub. L. 99–506, §211(b)(3), added pars. (4) and (5).
Subsecs. (c), (d). Pub. L. 99–506, §211(c), purported to strike out subsec. (c) and redesignate subsec. (d) as (c). As amended by Pub. L. 95–602 section did not contain a subsec. (c). See 1988 Amendment note above.
1978—Pub. L. 95–602 amended section generally, substituting subsecs. (a), (b), (d), and (e) relating to authorizing vocational rehabilitation services grants to handicapped American Indians for former subsecs. (a) and (b) relating to a study of comprehensive service needs of individuals with the most severe handicaps.
1974—Subsec. (b). Pub. L. 93–516 substituted “June 30, 1975” for “February 1, 1975”.
Pub. L. 93–651 amended subsec. (b) in exactly the same manner as it was amended by Pub. L. 93–516.
This section is referred to in section 721 of this title.