[Federal Register Volume 78, Number 129 (Friday, July 5, 2013)]
[Notices]
[Pages 40458-40459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-16190]
[[Page 40458]]
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DEPARTMENT OF EDUCATION
[Docket ID ED-2013-OSERS-0083]
American Indian Vocational Rehabilitation Services Program;
Notice of Tribal Consultation and Request for Comments
AGENCY: Rehabilitation Services Administration, Office of Special
Education and Rehabilitative Services, Department of Education.
ACTION: Notice.
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SUMMARY: The Department seeks input from tribal officials, tribal
governments, tribal organizations, and affected tribal members on the
Department's interpretation of the term ``reservation'' in section
121(c) of the Rehabilitation Act of 1973, as amended (Act). The
Department is also exploring additional measures of consultation,
including regional face-to-face meetings to be held in August and
September of 2013.
DATES: The Department must receive your comments on or before September
3, 2013.
ADDRESSES: Submit your comments through the Federal eRulemaking Portal
or via postal mail, commercial delivery, or hand delivery. We will not
accept comments submitted by fax or by email or those submitted after
the comment period. To ensure that we do not receive duplicate copies,
please submit your comments only once.
In addition, please include the Docket ID at the top of your
comments.
Federal eRulemaking Portal: Go to www.regulations.gov to
submit your comments electronically. Information on using
Regulations.gov, including instructions for accessing agency documents,
submitting comments, and viewing the docket, is available on the site
under ``Are you new to the site?''
Postal Mail, Commercial Delivery, or Hand Delivery: If you
mail or deliver your comments about this notice, address them to August
Martin, U.S. Department of Education, 400 Maryland Avenue SW., Room
5049, Potomac Center Plaza (PCP), Washington, DC 20202-2800.
Privacy Note: The Department's policy is to make all comments
received from members of the public available for public viewing in
their entirety on the Federal eRulemaking Portal at
www.regulations.gov. Therefore, commenters should be careful to
include in their comments only information that they wish to make
publicly available.
FOR FURTHER INFORMATION CONTACT: August Martin. Telephone: (202) 245-
7410, or by email: [email protected].
If you use a telecommunications device for the deaf (TDD) or a text
telephone (TTY), call the Federal Relay Service (FRS), toll free, at 1-
800-877-8339.
SUPPLEMENTARY INFORMATION:
Invitation to Comment: The Rehabilitation Services Administration
(RSA) invites you to submit comments regarding this notice.
Specifically, we invite comments regarding the effect of a possible
change in how the Department interprets the definition of the term
``reservation'' that is used to determine eligibility for a grant under
the American Indian Vocational Rehabilitation Services (AIVRS) program.
Assistance to Individuals with Disabilities in Reviewing the
Record: On request we will provide an appropriate accommodation or
auxiliary aid to an individual with a disability who needs assistance
to review the comments or other documents in the public record for this
notice of tribal consultation. If you want to schedule an appointment
for this type of accommodation or auxiliary aid, please contact the
person listed under FOR FURTHER INFORMATION CONTACT.
Background: On May 9, 2012, the U.S. Government Accountability
Office (GAO) released a report, ``Federal Funding for Non-Federally
Recognized Tribes,'' GAO-12-348 (available at www.gao.gov/products/GAO-12-348), in which a question was raised concerning the Department's
practice for determining eligibility under the AIVRS program.
In this report, the GAO questioned whether the Department's
interpretation of the term ``reservation,'' when used in determining
eligibility for grants under the AIVRS program, was broader than the
term's statutory definition. Specifically, the GAO noted that there are
substantial questions about the eligibility for AIVRS program grants of
State-recognized tribes that are not located on State reservations but
on a defined and contiguous area of land where there is a concentration
of tribal members and in which the tribe is providing structured
activities and services, such as the tribal service areas identified in
a tribe's grant application. The GAO recommended that the Secretary
review the eligibility requirements for AIVRS grants and take
appropriate action on grants made to tribes that do not have Federal or
State reservations.
Therefore, the Department seeks input from tribal officials, tribal
governments, tribal organizations, and affected tribal members
regarding a possible change in the Department's interpretation of
``reservation,'' as that term is used in determining AVIRS program
grant eligibility, and that would align with the GAO interpretation and
include only those areas of land specifically listed in the statutory
definition.
This notice complies with Executive Order 13175, which requires
tribal consultation and collaboration with tribal officials in the
development of Federal policies that have tribal implications.
The Definition of ``Reservation'':
Section 121(a) of the Act (29 U.S.C. 741) provides that eligible
applicants for an AIVRS grant are the governing bodies of Indian tribes
located on Federal and State reservations (and consortia of such
governing bodies). Section 121(c) of the Act further provides that 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. In its regulations in 34 CFR 371.4(b), the Department
defines ``reservation'' as ``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.''
In interpreting the term ``reservation,'' the Department has
included tribes that are located on a defined and contiguous area of
land where there is a concentration of tribal members and in which the
tribe is providing structured activities and services, such as the
tribal service areas identified in a tribe's grant application. Because
the statutory definition of ``reservation'' uses the term ``include,''
the Department has interpreted the term to mean that the list of land
areas in the statutory definition is not exhaustive; and, as a result,
the Department has the authority to include other land areas that are
consistent with both the purpose of the program and the list of land
areas provided in the statute.
The Department is considering narrowing its interpretation of the
statutory definition of ``reservation'' to align with the GAO
interpretation, which would include only those areas of land
specifically listed in the statutory definition--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.
[[Page 40459]]
With this possible change, federally recognized tribes without
Federal reservations and State recognized tribes without State
reservations (or other areas of land specifically listed in the
statutory definition of ``reservation'') would no longer be eligible to
apply for grants under the AIVRS program.
Therefore, the Department is seeking comments that address three
areas:
(1) The Department is interested in the potential effect of
limiting eligibility for AVIRS program grants to those Indian tribes
(and consortia of tribes) located on Federal and State reservations and
the other land areas specifically listed in the statutory definition of
``reservation.''
(2) For tribes that currently provide services under this program
and that would not meet the revised interpretation of ``reservation,''
the Department is particularly interested in whether individuals
currently receiving services from these tribes would continue to
receive vocational rehabilitation services to assist them to return to
work; and, if so, how and where the clients might obtain these
services.
(3) The Department is also interested in how a revised
interpretation of ``reservation'' would affect the pool of potential
applicants for the AIVRS program, including tribes that have not
previously applied but may consider applying for an AIVRS grant.
Accessible Format: Individuals with disabilities can obtain this
document in an accessible format (e.g., braille, large print,
audiotape, or compact disc) on request to the contact person listed
under FOR FURTHER INFORMATION CONTACT.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. Free
Internet access to the official edition of the Federal Register and the
Code of Federal Regulations is available via the Federal Digital System
at: www.gpo.gov/fdsys. At this site you can view this document, as well
as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF). To use PDF
you must have Adobe Acrobat Reader, which is available free at this
site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at:
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
Dated: July 1, 2013.
Michael K. Yudin,
Delegated the authority to perform the functions and duties of the
Assistant Secretary for Special Education and Rehabilitative Services.
[FR Doc. 2013-16190 Filed 7-3-13; 8:45 am]
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