Proposed Waivers and Extensions of the Project Period With Funding for the American Indian Vocational Rehabilitation Services Program and the American Indian Vocational Rehabilitation Training and Technical Assistance Center

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Published

April 2, 2026

Issuing agencies

Education Department

Abstract

The Department of Education proposes to waive the requirements in the Education Department General Administrative Regulations that generally prohibit project periods exceeding five years and project period extensions involving the obligation of additional Federal funds. The proposed waivers and extensions would enable 43 American Indian Vocational Rehabilitation Services (AIVRS) projects under Assistance Listing Number (ALN) 84.250N and one American Indian Vocational Rehabilitation Training and Technical Assistance Center (AIVRTTAC) under ALN 84.250Z, currently in their fifth year, to receive funding for an additional period, not beyond September 30, 2027.

Full Text

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<title>Federal Register, Volume 91 Issue 63 (Thursday, April 2, 2026)</title>
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[Federal Register Volume 91, Number 63 (Thursday, April 2, 2026)]
[Proposed Rules]
[Pages 16599-16601]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06438]

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DEPARTMENT OF EDUCATION

34 CFR Chapter III

[ED-2026-OSERS-0530]

Proposed Waivers and Extensions of the Project Period With
Funding for the American Indian Vocational Rehabilitation Services
Program and the American Indian Vocational Rehabilitation Training and
Technical Assistance Center

AGENCY: Office of Special Education and Rehabilitative Services
(OSERS), Department of Education.

ACTION: Proposed waivers and extensions of project period with funding.

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SUMMARY: The Department of Education proposes to waive the requirements
in the Education Department General Administrative Regulations that
generally prohibit project periods exceeding five years and project
period extensions involving the obligation of additional Federal funds.
The proposed waivers and extensions would enable 43 American Indian
Vocational Rehabilitation Services (AIVRS) projects under Assistance
Listing Number (ALN) 84.250N and one American Indian Vocational
Rehabilitation Training and Technical Assistance Center (AIVRTTAC)
under ALN 84.250Z, currently in their fifth year, to receive funding
for an additional period, not beyond September 30, 2027.

DATES: We must receive your comments on or before May 4, 2026.

ADDRESSES: Comments must be submitted via the Federal eRulemaking
Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>. However, if you require an accommodation
or cannot otherwise submit your comments via <a href="http://www.regulations.gov">www.regulations.gov</a>,
please contact the program contact person listed under FOR FURTHER
INFORMATION CONTACT. The Department will not accept comments 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 <a href="http://www.regulations.gov">www.regulations.gov</a> to submit
your comments electronically. Information on using <a href="http://Regulations.gov">Regulations.gov</a>,
including instructions for accessing agency documents, submitting
comments, and viewing the docket, is available on the site under
``FAQ.''
Privacy Note: OSERS's policy is generally to make comments received
from members of the public available for public viewing in their
entirety on the Federal eRulemaking Portal at <a href="http://www.regulations.gov">www.regulations.gov</a>.
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: 202-987-
0116. Email: <a href="/cdn-cgi/l/email-protection#f3b28694868087ddbe9281879a9db39697dd949c85"><span class="__cf_email__" data-cfemail="e9a89c8e9c9a9dc7a4889b9d8087a98c8dc78e869f">[email&#160;protected]</span></a>.
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.

SUPPLEMENTARY INFORMATION:
Invitation to Comment: We invite you to submit comments regarding
this proposed waivers and extensions notice. To ensure that your
comments have maximum effect in developing the notice of final waivers
and extensions, we urge you to identify clearly the specific grantee or
grantees (listed in the table under the Background section) that each
comment addresses.
We invite you to assist us in complying with the specific
requirements of Executive Orders 12866, 13563, and 14192 and their
overall requirement of reducing regulatory burden that might result
from the proposed waivers and extensions. Please let us know of any
further ways we could reduce potential costs or increase potential
benefits while preserving the effective and efficient administration of
the program.

[[Page 16600]]

During and after the comment period, you may inspect public
comments about the proposed waivers and extensions by accessing
<a href="http://Regulations.gov">Regulations.gov</a>.
Assistance to Individuals with Disabilities in Reviewing the
Rulemaking 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 rulemaking record for the proposed waivers and extensions. 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: Under section 121(a) of the Rehabilitation Act of 1973
(the Act), the purpose of the AIVRS program is to provide 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 total costs of vocational rehabilitation (VR) services,
including services traditionally used by Indian Tribes, to American
Indians with disabilities who reside on or near Federal or State
reservations.
Under section 121(c) of the Act, the purpose of the AIVRTTAC is to
provide training and technical assistance to the governing bodies of
Indian Tribes, or consortia of those governing bodies, that have
received an AIVRS grant under section 121(a) of the Act, to improve the
delivery of VR services to American Indians with disabilities, and to
support AIVRS project personnel.
In fiscal year (FY) 2021, the Department published in the Federal
Register notices inviting applications (NIAs) announcing grant
competitions for the AIVRS program under ALN 84.250N (85 FR 83918) and
the AIVRTTAC under ALN 84.250Z (86 FR 14414) for up to five years.
Forty-three AIVRS grants and one AIVRTTAC grant were awarded from these
competitions.
The Department proposes to waive the requirements in 34 CFR 75.250,
which prohibit project periods exceeding 60 months (five years).
Additionally, the Department proposes to waive the requirements in 34
CFR 75.261(a) and (c)(2), which allow the extension of a project period
only if the extension does not involve the obligation of additional
Federal funds. The waivers and extensions would enable the Department
to provide additional funds, not to exceed their Year 5 planned award
amount, to projects currently funded under ALNs 84.250N and 84.250Z for
an additional period, not beyond September 30, 2027. These proposed
waivers and extensions would maximize continuity of services to those
served by the AIVRS program and support grantees by providing an
efficient process by which they can obtain their grant funds for this
fiscal year.
This action would allow the 43 AIVRS grantees and one AIVRTTAC
grantee to submit a request for continuation funding in FY 2026. Within
their request, grantees would certify that they have the capacity to
continue activities. In making a continuation award under 34 CFR
75.253, the Secretary considers, among other things: whether a grantee
has made substantial progress in achieving the goals and objectives of
the project; whether the grantee has expended funds in a manner that is
consistent with its approved application and budget; and, if the
Secretary has established performance measurement requirements, whether
the grantee has made substantial progress in achieving the performance
targets in the grantee's approved application, or whether the
continuation of the project is in the best interest of the Federal
Government.
In making a continuation award, the Secretary also considers
whether the grantee is operating in compliance with the assurances in
its approved application, including those applicable to Federal civil
rights laws that prohibit discrimination in programs or activities
receiving Federal financial assistance from the Department (34 CFR
100.4, 104.5, 106.4, 108.8, and 110.23).
Waivers and Extensions: The Department believes that it is in the
public interest to extend the AIVRS program and the AIVRTTAC in lieu of
running a new competition in FY 2026.
Extending the project end dates of the 43 AIVRS and one AIVRTTAC
grants for one year will allow for efficient continuity of VR services
for American Indians with disabilities. Pending FY 2027 appropriations,
there may be new competitions for all eligible applicants.
For these reasons, the Department proposes to waive the
requirements in 34 CFR 75.250, which prohibit project periods exceeding
five years, as well as the requirements in 34 CFR 75.261(a) and (c)(2),
which allow the extension of a project period only if the extension
does not involve the obligation of additional Federal funds. These
waivers would allow the Department to consider FY 2026 continuation
awards to the 43 AIVRS projects (ALN 84.250N) and one AIVRTTAC project
(ALN 84.250Z) based on their Year 5 planned amount. It is estimated
that each grantee's continuation award would amount to the following,
pending review and discussion of carryover:

------------------------------------------------------------------------
PR award No. AIVRS grantee Amount
------------------------------------------------------------------------
H250N210001.................... Coeur D'Alene Tribe... $584,798.00
H250N210004.................... The Lower Muskogee 520,131.00
Creek Tribe.
H250N210005.................... Hannahville Indian 539,268.00
Community.
H250N210006.................... Laguna Department of 450,000.00
Education.
H250N210008.................... Intertribal Council of 677,996.00
Central Louisiana.
H250N210009.................... Salt River Pima- 450,000.00
Maricopa Indian
Community.
H250N210010.................... The Chickasaw Nation.. 1,050,000.00
H250N210011.................... Confederated Tribes of 469,346.00
the Umatilla Indian
Reservation.
H250N210012.................... Kawarek, Inc.......... 489,123.00
H250N210013.................... Oneida Nation......... 475,000.00
H250N210014.................... Prairie Band of 451,334.00
Potawatomie Nation.
H250N210015.................... Cook Inlet Tribal 771,883.87
Council.
H250N210016.................... Blackfeet Tribal 550,000.00
Business Council.
H250N210017.................... Apache Tribe of 609,741.75
Oklahoma.
H250N210018.................... Cheyenne River Sioux 428,051.00
Tribe.
H250N210019.................... Oglala Sioux Tribe.... 829,253.15
H250N210020.................... Chippewa Cree Tribe of 428,630.00
the Rocky Boy
Reservation.
H250N210022.................... Confederated Salish & 608,181.00
Kootenai Tribes.
H250N210023.................... Metlakatla Indian 429,070.00
Community.
H250N210024.................... Three Affiliated 427,369.00
Tribes.
H250N210025.................... Inupiat Community of 567,278.14
the Arctic Slope.
H250N210026.................... Ute Mountain Ute Tribe 588,851.29

[[Page 16601]]

H250N210027.................... Cherokee Nation....... 630,000.00
H250N210028.................... The Navajo Nation..... 1,726,000.00
H250N210029.................... Confederated Tribes of 219,067.00
the Chehalis
Reservation.
H250N210031.................... Lower Elwha Klallam 461,297.78
Tribe.
H250N210032.................... Northern Arapaho Tribe 630,000.00
H250N210033.................... Hopi Tribe............ 470,224.00
H250N210034.................... Confederated Tribes 468,784.00
and Bands of the
Yakama Nation.
H250N210035.................... Confederated Tribes of 568,022.00
the Colville Indian
Reservation.
H250N210037.................... Pueblo of Jemez....... 852,623.00
H250N210038.................... Confederated Tribes of 527,240.00
Siletz Indians.
H250N210039.................... Samish Indian Nation.. 464,700.83
H250N210040.................... Saint Regis Mohawk 529,238.00
Tribe.
H250N210041.................... Lower Brule Sioux 763,532.00
Tribe.
H250N210042.................... Stillaguamish Tribe of 722,348.00
Indians.
H250N210043.................... Eastern Shoshone Tribe 534,221.00
H250N210044.................... United Houma Nation, 607,394.00
Inc..
H250N210045.................... Moapa Band of Paiute 477,055.77
Indians.
H250N210046.................... Wichita and Affiliated 522,683.00
Tribes.
H250N210048.................... Central Council of 658,736.00
Tlingit and Haida
Indian Tribes of
Alaska.
H250N210051.................... Association of Village 624,186.00
Council Presidents.
H250N210052.................... Tohono O'odham Nation. 450,723.00
------------------------------------------------------------------------
PR award No. AIVRTTAC grantee...... Amount
------------------------------------------------------------------------
H250Z2100001................... Northern Arizona 1,012,998.00
University.
------------------------------------------------------------------------

Any activities to be carried out during the year of these
continuation awards would have to be consistent with, or a logical
extension of, the scope, goals, and objectives of the grantees'
applications as approved in the FY 2021 AIVRS and AIVRTTAC
competitions. The FY 2021 AIVRS and AIVRTTAC NIAs would continue to
govern each grantee's project during the extension.

Intergovernmental Review

These programs are not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.

Regulatory Flexibility Act Certification

The Secretary certifies that the proposed waivers and extensions of
the project period would not have a significant economic impact on a
substantial number of small entities. The only entities that would be
affected by the proposed waivers and extensions of the project period
are the current ALN 84.250N and the ALN 84.250Z grantees, and any
potential new applicants who might have applied in the FY 2026 grant
competitions.
The Secretary certifies that the proposed waivers and extensions
would not have a significant economic impact on these entities, because
the extension of an existing project period imposes minimal compliance
costs, and the activities required to support the additional year of
funding would not impose additional regulatory burdens or require
unnecessary Federal supervision.

Paperwork Reduction Act of 1995

This notice of proposed waivers and extensions of the project
period does not contain any information collection requirements.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at <a href="http://www.govinfo.gov">www.govinfo.gov</a>. 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 Portable Document Format (PDF). To
use PDF, you must have Adobe Acrobat Reader, which is available free at
the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
<a href="http://www.federalregister.gov">www.federalregister.gov</a>.

Kimberly Richey,
Acting Assistant Secretary and Deputy Assistant Secretary, Delegated
the authority to perform the functions and duties of Assistant
Secretary for the Office of Special Education and Rehabilitative
Services.
[FR Doc. 2026-06438 Filed 4-1-26; 8:45 am]
BILLING CODE 4000-01-P

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