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uses EIS providers to complete its child count, then the

lead agency must:”

Allocation of Funds

Payments to Indians (§303.731)

Comment: One commenter requested that the Department

clarify how the 1.25 percent amount in §303.731, regarding

Part C funds provided by the Department to the Secretary of

the Interior, is calculated or from where this percent is

derived. The commenter suggested that the funding for tribes should be determined by the same funding formula that is used for States.

A few commenters suggested revising this section to require tribes and States to continue to collaborate and coordinate services and also to describe the role of the Secretary of the Interior related to the funding of all tribes that wish to participate as partners in the Part C program. The commenters further recommended adding a non- supplanting clause to this section. One commenter recommended that the title of this section be revised to

read: “Payments to Indian Tribes, Tribal Organizations, or

Consortia” because the current heading is misleading and

may be offensive to some.

Discussion: Section 303.731(a) provides that the Secretary will make payments to the Secretary of the Interior in the