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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations Civil and criminal penalties.

Damon Smith, Principal Deputy General Counsel.
FR Doc. 202104817 Filed 31521; 8:45 am BILLING CODE 421067P

DEPARTMENT OF EDUCATION
34 CFR Chapter III
Docket ID ED2020OSERS0063

Final Priority and Definitions American Indian Vocational Rehabilitation Training and Technical Assistance Center Office of Special Education and Rehabilitative Services OSERS, Department of Education.
ACTION: Final priority and definitions.
AGENCY:

The Department of Education Department announces a priority and definitions to fund an American Indian Vocational Rehabilitation Training and Technical Assistance Center AIVRTTAC, Assistance Listing Number 84.250Z. The Department may use the priority and definitions for competitions in fiscal year FY 2021
and later years. We take this action to improve employment outcomes and raise expectations for American Indians with disabilities and to fund training and technical assistance TA activities to support the American Indian Vocational Rehabilitation Services AIVRS projects. We intend the AIVRTTAC to provide training and TA
to the AIVRS project personnel, especially vocational rehabilitation VR
counselors, to improve their capacity to implement innovative and effective VR
services and employment strategies and practices to increase the number and quality of employment outcomes for American Indians with disabilities served through the AIVRS program.
Awards will be made to State, local, or Tribal governments, non-profit organizations, or institutions of higher education that have experience in the operation of AIVRS programs.
DATES: This priority and definitions are effective April 15, 2021.

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Jerry Elliott, U.S. Department of Education, 400 Maryland Avenue SW, Room 5097, Potomac Center Plaza, Washington, DC
202022800. Telephone: 202 245
7335. Email: jerry.elliott@ed.gov.
If you use a telecommunications device for the deaf TDD or a text telephone TTY, call the Federal Relay Service FRS, toll free, at 1800877
8339.
SUPPLEMENTARY INFORMATION:
Purpose of Program: The purpose of the AIVRTTAC program is to provide training and TA to governing bodies of Indian Tribes, or consortia of those governing bodies, that have received an AIVRS grant under section 121a of the Rehabilitation Act of 1973, as amended Act. Under section 121c2 of the Act, the Commissioner of the Rehabilitation Services Administration RSA makes grants to, or enters into contracts or other cooperative agreements with, entities that have experience in the operation of AIVRS projects to provide such training and TA on developing, conducting, administering, and evaluating these projects.
FOR FURTHER INFORMATION CONTACT:

Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section 611 of the Act shall be $3,011
for each violation, up to a maximum of $3,763,392 for any related series of violations occurring within one year from the date of the first violation.

Program Authority: 29 U.S.C. 741c.

Applicable Program Regulations: 34
CFR part 371.
We published a notice of proposed priorities and definitions NPP for this program in the Federal Register on September 10, 2020 85 FR 55802. That notice contained background information and our reasons for proposing the particular priorities and definitions.
Except for minor editorial and technical revisions for grammar and clarity, and one substantive change explained in the discussion of the comments that follow, there are no differences between Proposed Priority 1
and the proposed definitions and the final priority and final definitions. We have not included Proposed Priority 2
in the final priorities.
Public Comment: In response to our invitation in the NPP, five parties submitted comments on the proposed priorities and definitions.
Generally, we do not address technical and other minor changes, or suggested changes the law does not authorize us to make. In addition, we do not address general comments that raise concerns not directly related to the proposed priorities or definitions.
Analysis of Comments and Changes:
An analysis of the comments and of any changes in the priorities and definitions since publication of the NPP follows.
Comment: Two commenters noted that American Indians, just like other groups, deserve rehabilitation and
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disability assistance services. The commenters believe that the AIVRS
program is a great way to help this group. The commenters believe that Proposed Priority 1 would help.
Discussion: The Department agrees with the commenters that Proposed Priority 1 is important in helping the AIVRS projects to deliver AIVRS
services to American Indians with disabilities served by the AIVRS
projects.
Changes: None.
Comment: One commenter discussed the need to build internal capacity within AIVRS projects to deliver benefits counseling to AIVRS project participants. The commenter noted that benefits counseling is a proven approach that not only helps individuals understand the benefits of work but also leads to more employment outcomes. The commenter stated that benefits counseling provided within Tribal programs will be more welcome and better accepted than benefits counseling provided by outsiders who provide counseling and then leave. Specifically, the commenter recommended that the AIVRTTAC institute a plan to provide AIVRS consumers with benefits planning services by training Tribal members to provide these services and build expert capacity within the Tribal nations so that consumers can learn and understand the process and complex rules of government programs.
Discussion: The Department agrees with the commenter that benefits counseling services are important services to provide to AIVRS consumers as they work to develop their career goals and their individualized plan for employment IPE. Benefits counseling is a commonly provided VR service. The Department agrees that the AIVRTTAC
should be able to provide TA to Tribes seeking to build resources to provide these services and will address it in the cooperative agreement once the applicant is selected, but the priority addresses broader requirements for training such as development of the IPE, which looks at all VR services, of which benefits counseling is one. The Department does not believe that the one-size-fits-all approach suggested by the commenterto require the AIVRTTAC to train all AIVRS grantees on benefits counselingis the best approach given the diversity of the AIVRS grantees. Many small AIVRS
projects may not have the capacity to devote staff time to this complicated issue and would need TA to establish relationships with other sources to address this need. Also, there may be local services available that have proven
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