
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC741]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
       Part C--American Indian Vocational Rehabilitation Services
 
Sec. 741. Vocational rehabilitation services grants


(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. 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; 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 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) ``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, Sec. 121, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1166; amended Pub. L. 105-277, div. A, 
Sec. 101(f) [title VIII, Sec. 402(b)(10)], Oct. 21, 1998, 112 Stat. 
2681-337, 2681-413.)

                       References in Text

    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 (Sec. 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.


                            Prior Provisions

    Prior sections 741 to 744 and 750 were omitted in the general 
amendment of this subchapter by Pub. L. 105-220.
    Section 741, Pub. L. 93-112, title I, Sec. 121, as added Pub. L. 
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4392, related to 
contents of strategic plans.
    Another prior section 741, Pub. L. 93-112, title I, Sec. 121, Sept. 
26, 1973, 87 Stat. 373; Pub. L. 93-516, title I, Sec. 102(c), Dec. 7, 
1974, 88 Stat. 1618; Pub. L. 93-651, title I, Sec. 102(c), Nov. 21, 
1974, 89 Stat. 2-3; Pub. L. 94-230, Sec. 2(c), Mar. 15, 1976, 90 Stat. 
211; Pub. L. 95-602, title I, Secs. 101(e)(2), 122(b), Nov. 6, 1978, 92 
Stat. 2957, 2987; Pub. L. 98-221, title I, Sec. 114, Feb. 22, 1984, 98 
Stat. 23; Pub. L. 99-506, title I, Sec. 103(d)(2)(C), title II, 
Sec. 210, Oct. 21, 1986, 100 Stat. 1810, 1819; Pub. L. 100-630, title 
II, Sec. 202(h), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102-52, 
Sec. 2(b)(2), June 6, 1991, 105 Stat. 260, related to payments to States 
for planning, preparing, and initiating special programs under approved 
State plans and payments for the costs of constructing facilities to be 
used in providing services under such State plans, prior to the general 
amendment of part C of former subchapter I of this chapter by Pub. L. 
102-569.
    Section 742, Pub. L. 93-112, title I, Sec. 122, as added Pub. L. 
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393, related to 
process for developing strategic plans.
    Section 743, Pub. L. 93-112, title I, Sec. 123, as added Pub. L. 
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4393, related to 
use of funds.
    Section 744, Pub. L. 93-112, title I, Sec. 124, as added Pub. L. 
102-569, title I, Sec. 134(a), Oct. 29, 1992, 106 Stat. 4395; amended 
Pub. L. 103-73, title I, Sec. 107(h), Aug. 11, 1993, 107 Stat. 723, 
related to allotments among States.
    Section 750, Pub. L. 93-112, title I, Sec. 130, Sept. 26, 1973, 87 
Stat. 374; Pub. L. 93-516, title I, Sec. 111(g), Dec. 7, 1974, 88 Stat. 
1621; Pub. L. 93-651, title I, Sec. 111(g), Nov. 21, 1974, 89 Stat. 2-6; 
Pub. L. 95-602, title I, Sec. 106, Nov. 6, 1978, 92 Stat. 2960; Pub. L. 
99-506, title I, Sec. 103(d)(2)(C), title II, Sec. 211, title X, 
Sec. 1002(b)(1), Oct. 21, 1986, 100 Stat. 1810, 1819, 1844; Pub. L. 100-
630, title II, Sec. 202(i), Nov. 7, 1988, 102 Stat. 3306; Pub. L. 102-
569, title I, Sec. 102(p)(11), Oct. 29, 1992, 106 Stat. 4357, related to 
American Indian vocational rehabilitation services grants.


                               Amendments

    1998--Pub. L. 105-277 made technical amendment to section 
designation and catchline in original.

                  Section Referred to in Other Sections

    This section is referred to in sections 725, 796d of this title.
