[Federal Register: April 19, 2001 (Volume 66, Number 74)]
[Page 20175-20177]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part II

Department of Education


Recreational Programs; Notice Inviting Applications for New Awards for 
Fiscal Year (FY) 2001; Notice

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RIN 1820-ZA12

Recreational Programs

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

ACTION: Notice of final priority.


SUMMARY: The Assistant Secretary for the Office of Special Education 
and Rehabilitative Services announces a final priority under the 
Recreational Programs. The Assistant Secretary may use this priority 
for competitions in FY 2001 and later years. We take this action to 
provide individuals with disabilities recreational activities and 
related experiences to aid in their employment, mobility, 
socialization, independence, and community integration.

EFFECTIVE DATE: This priority is effective May 21, 2001.

FOR FURTHER INFORMATION CONTACT: Mary E. Chambers, U.S. Department of 
Education, 400 Maryland Avenue, SW., room 3320, Switzer Building, 
Washington, DC 20202-2649. Telephone: (202) 205-8435 or via Internet: 
    If you use a telecommunications device for the deaf (TDD) you may 
call the Federal Information Relay Service (FIRS) at 1-800-877-8399.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 

    This notice contains a final priority under the Recreational 
Programs, which is authorized under section 305 of the Rehabilitation 
Act of 1973, as amended (the Act). On January 8, 2001 we published a 
notice of proposed priority for this program in the Federal Register 
(66 FR 1442). There are no differences between the notice of proposed 
priority and this notice of final priority.

Analysis of Comments and Changes

    In response to our invitation in the notice of proposed priority 15 
parties submitted comments on the proposed priority. Twelve commenters 
supported the priority. An analysis of the substantive comments and of 
any changes in the priority since publication of the notice of proposed 
priority follows.
    Comment: One commenter recommended that independent living skills 
and related services and opportunities be added to the list of optional 
services under the Recreational Programs.
    Discussion: Section 305 of the Act supports projects that provide 
individuals with disabilities recreational activities and related 
experiences that aid in their employment, mobility, socialization, 
independence, and community integration. The proposed priority stated 
that recreational services include, but are not limited to, the 
activities authorized by the program statute. Thus, because the 
examples of recreational activities provided in the proposed priority 
were not inclusive of the recreational activities allowable under this 
program authority, independent living skills and related activities are 
also allowable.
    Change: None.
    Comments: Two commenters recommended that the Recreational Programs 
be available to children to experience scouting activities, 
hydrotherapy/aquatics, and other recreational activities.
    Discussion: According to 34 CFR 361.42(c)(2)(ii)(A), States must 
apply the eligibility requirements for vocational rehabilitation 
services without regard to the age of the applicant. However, according 
to 34 CFR 361.42(a)(2), there is also a presumption in the Act that the 
applicant can benefit in terms of an employment outcome from the 
provision of vocational rehabilitation services. In order for a client 
to benefit in terms of an employment outcome, the age of a client must 
be appropriate. Therefore, the burden is on the applicant to identify 
how any children to be served would benefit in terms of an employment 
outcome from the recreational services to be provided by the applicant.
    Change: None.

    Note: This notice does not solicit applications. In any year in 
which we choose to use this priority, we invite applications through 
a notice in the Federal Register.


    Under 34 CFR 75.105(c)(3) the Assistant Secretary gives an absolute 
preference to applications that meet the following priority. The 
Assistant Secretary funds under this competition only applications that 
meet this absolute priority.
    Projects must provide recreational services to individuals with 
disabilities. Recreational services include, but are not limited to, 
vocational skills development, leisure education, leisure networking, 
leisure resource development, physical education and sports, scouting 
and camping, 4-H activities, music, dancing, handicrafts, art, and 
homemaking. Recreational services do not include the construction of 
facilities for aquatic rehabilitation therapy.
    Projects must provide recreational services to individuals with 
disabilities in settings with peers who are not individuals with 

Statutory Requirements

    All applicants seeking funding under this competition must--
    (a) Describe the manner in which the applicant will address the 
needs of individuals with disabilities from minority backgrounds 
(section 21(c) of the Act);
    (b) Describe the manner in which the findings and results of the 
project to be funded under the grant, particularly information that 
facilitates the replication of the results of that project, will be 
made generally available (section 305(a)(4)(A) of the Act);
    (c) Demonstrate ways in which recreational activities assist in 
maximizing the independence and integration of individuals with 
disabilities into community-based recreational programs (section 
305(a)(1)(C) if the Act);
    (d) Assure that the project will maintain, at a minimum, the same 
level of services over the three-year project period (section 305(a)(5) 
of the Act);
    (e) Assure that the service program funded under the grant will be 
continued after Federal assistance ends (section 305(a)(4)(B) of the 
Act); and
    (f) Provide non-Federal resources (in cash or in-kind) to pay the 
non-Federal share cost of the project in year two at 25 percent of year 
one Federal grant and year three at 50 percent of year one Federal 
grant (section 305(a)(3)(B) of the Act).

National Education Goals

    The eight National Education Goals focus the Nation's education 
reform efforts and provide a framework for improving teaching and 
    This priority addresses the National Education Goal that every 
American will possess the knowledge and skills necessary to compete in 
a global economy.

Executive Order 12866

    This notice of final priority has been reviewed in accordance with 
Executive Order 12866. Under the terms of the order we have assessed 
the potential costs and benefits of this regulatory action.
    The potential costs associated with the notice of final priority 
are those resulting from statutory requirements and those we have 
determined as

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necessary for administering this program effectively and efficiently.
    In assessing the potential costs and benefits--both quantitative 
and qualitative--of this notice of final priority, we have determined 
that the benefits of the final priority justify the costs.
    We have also determined that this regulatory action does not unduly 
interfere with State, local, and tribal governments in the exercise of 
their governmental functions.
    We fully discussed the costs and benefits in the notice of proposed 

Intergovernmental Review

    This program is subject to Executive Order 12372 and the 
regulations in 34 CFR part 79. One of the objectives of the Executive 
order is to foster an intergovernmental partnership and a strengthened 
federalism. The Executive order relies on processes developed by State 
and local governments for coordination and review of proposed Federal 
financial assistance.
    This document provides early notification of our specific plans and 
actions for this program.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site:


    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: 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 on GPO Access at:


    Program Authority: 29 U.S.C. 775.

(Catalog of Federal Domestic Assistance Number 84.128J Recreational 
    Dated: April 13, 2001
Francis V. Corrigan,
Deputy Director, National Institute on Disability, and Rehabilitation 
[FR Doc. 01-9653 Filed 4-18-01; 8:45 am]