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infants and toddlers with disabilities who are homeless and their families and infants and toddlers with disabilities who are wards of the State.

Concerning the specific comment that infants and toddlers in foster care should be included in the list, we

note that the list in §303.1(d) already includes “infants

and toddlers in foster care.”

Changes: None.

Eligible recipients of an award and applicability of this

part (§303.2)

Comment: One commenter indicated that tribal programs and tribal governments should be included in the list of

eligible recipients of an award in §303.2.

Discussion: Section 303.2 provides that the Secretary of the Interior is an eligible recipient of funds under Part C of the Act. Under section 643(b)(2) of the Act, the Department of Interior, through the Bureau of Indian Education, distributes Part C funds to Indian entities that are eligible to receive services and funding from the United States. Under section 643(b)(1) of the Act, the Department must distribute Part C funds that are used by tribal programs and governments to the Secretary of the Interior and not directly to tribal programs and governments. Therefore, it would be inappropriate to list