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Vocational Rehabilitation Services Projects for American Indians With Disabilities rule (2015)

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The Vocational Rehabilitation Services Projects for American Indians With Disabilities rule is a significant rule issued by the U.S. Department of Education effective March 9, 2015, that amended department regulations regarding the American Indian Vocational Rehabilitation Services (AIVRS) program to change the definition of the term "reservation."[1]

HIGHLIGHTS
  • Name: Vocational Rehabilitation Services Projects for American Indians With Disabilities
  • Code of Federal Regulations: 34 CFR Parts 369 and 371
  • Agency: Rehabilitation Services Administration, Office of Special Education and Rehabilitative Services, Department of Education
  • Action: Final rule
  • Type of significant rule: Economically significant rule

    • Timeline

    The following timeline details key rulemaking activity:

    • March 9, 2015: The final rule took effect.[1]
    • February 5, 2015: The Department of Education published a final rule.[1]
    • August 22, 2014: The Department of Education closed the comment period.[2]
    • June 23, 2014: The Department of Education published a notice of proposed rulemaking and opened the comment period.[2]
    • July 5, 2013: The Department of Education published a notice to seek input from tribal officials on the interpretation of the term 'reservation.'[3]

    Background

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    The Rehabilitation Act of 1973 was signed into law by President Richard Nixon (R) "to provide equal access for people with disabilities by removing architectural, employment, and transportation barriers." The act governs the American Indian Vocational Rehabilitation Services (AIVRS) program, which aims to provide financial assistance to tribal governments to provide vocational rehabilitation services to American Indians with disabilities. The program seeks "to assist American Indians with disabilities, consistent with such 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."[4][5]

    The Department of Education proposed changes to the definition of "reservation" in the Rehabilitation Act, which is used to determine eligibility for AIVRS grants. The department published a notice in the Federal Register on July 5, 2013, to seek comment from tribal officials on the interpretation of the term. In response to comments, the department proposed amendments to the definition in two ways (Alterative A or Alternative B). In response to comments to the proposed rule, the department amended the definition pursuant to Alternative A.[2][1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ The Secretary amends the definition of “reservation” under the regulations governing the American Indian Vocational Rehabilitation Services (AIVRS) program to conform to the Department's current interpretation and practices. “Reservation” means Federal or State Indian reservations; public domain Indian allotments; former Indian reservations in Oklahoma; land held by incorporated Native groups, regional corporations, and village corporations under the provisions of the Alaska Native Claims Settlement Act; and defined areas of land recognized by a State or the Federal Government where there is a concentration of tribal members and on which the tribal government is providing structured activities and services.[1][6] ”

    Summary of provisions

    The following is a summary of the provisions from the final rule's entry in the Federal Register:[1]

    “ “Alternative A” proposed to amend §§ 369.4(b) and 371.4(b) to reflect the Department's current interpretation and practices. The Department currently interprets the statutory definition of “reservation,” which uses the term “includes” before listing areas identified as “reservations” as non-exhaustive, and the Department's practice has been to include other land areas that it views as equivalent to those listed in the statutory definition. Under this interpretation, tribes eligible for AIVRS grants are those located on land specifically identified in the statute—Federal or State 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—and those located on a defined area of land recognized by a State or the Federal Government where there is a concentration of tribal members and on which the tribal government is providing structured activities and services. This definition includes lands identified in the U.S. Census as a State-designated tribal statistical area or a tribal-designated statistical area or are defined areas of land designated by statute, judicial decision, or administrative determination as areas where members of a particular State or federally recognized tribe reside.[6] ”

    Significant impact

    See also: Significant regulatory action

    The Office of Management and Budget (OMB) deemed this rule economically significant pursuant to Executive Order 12866. An agency rule can be deemed a significant rule if it has had or might have a large impact on the economy, environment, public health, or state or local governments. The term was defined by E.O. 12866, which was issued in 1993 by President Bill Clinton.[1]

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "Vocational Rehabilitation Services Projects for American Indians With Disabilities," February 5, 2015
    2. ↑ 2.0 2.1 2.2 Federal Register, "Vocational Rehabilitation Services Projects for American Indians With Disabilities," June 23, 2014
    3. ↑ Federal Register, "American Indian Vocational Rehabilitation Services Program; Notice of Tribal Consultation and Request for Comments," July 4, 2013
    4. ↑ Brain Injury Association of America, "Rehabilitation Act of 1973," accessed April 27, 2023
    5. ↑ Rehabilitation Services Administration, "American Indian Vocational Rehabilitation Services," accessed April 27, 2023
    6. ↑ 6.0 6.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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