Page:United States Statutes at Large Volume 92 Part 3.djvu/329

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-602—NOV. 6, 1978

92 STAT. 2961

"PART D—AMERICAX INDIAIST VOCATIONAL REHABILITATION SERVICES " V O C A T I O N A L R E H A B I L I T A T I O N SERVICES G R A N T S

"SEC. 130. (a) 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. "(b)(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 handicapped American Indians residing on a reservation in a State shall be, to the maximum extent feasible, comparable to rehabilitation services provided under this title to other handicapped individuals residing in the State; 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 Health, Education, and Welfare 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 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 110(a)(1)." "(d) For the purpose of computing the allotment of any State under section 110(a), 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 110(a)(1) 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. "(e) 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. u EVALUATION

29 USC 750. Grants.

Application

25 USC 450c, 450d, 450e, 450f.

Ante, p. 2956.

'Reservation.

43 USC 1601 note.

"SEC. 131. Not less than thirty months after the date of the enactment Submittal to of the Rehabilitation, Comprehensive Services and Developmental Dis- Congress, abilities Amendments of 1978, the Secretary shall submit to the Con- 29 USC 751. •^

Ante, p. 2955.