Collapse to view only § 3402. Definitions
- § 3401. Statement of purpose
- § 3402. Definitions
- § 3403. Integration of services authorized
- § 3404. Programs affected
- § 3405. Plan requirements
- § 3406. Plan review
- § 3407. Plan approval; Secretarial authority; review of decision
- § 3408. Job creation activities authorized
- § 3409. Employer training placements
- § 3410. Federal responsibilities
- § 3411. No reduction in amounts
- § 3412. Transfer of funds
- § 3413. Administration of funds
- §§ 3414, 3415. Repealed.
- § 3416. Labor market information on Indian work force
- § 3417. Assignment of Federal personnel to State Indian economic development programs
§ 3401. Statement of purpose
The purpose of this chapter is to facilitate the ability of Indian tribes and tribal organizations to integrate the employment, training and related services they provide from diverse Federal sources in order to improve the effectiveness of those services, reduce joblessness in Indian communities, and serve tribally determined goals consistent with the policy of self-determination, while reducing administrative, reporting, and accounting costs.
(Pub. L. 102–477, § 2, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 115–93, § 3, Dec. 18, 2017, 131 Stat. 2026.)
§ 3402. Definitions
For the purposes of this chapter, the following definitions apply:
(1) Federal agency
(2) Indian tribe
(A) In general
(B) Inclusion
(3) Indian
(4) Program
(5) Secretary
(Pub. L. 102–477, § 3, Oct. 23, 1992, 106 Stat. 2302;
§ 3403. Integration of services authorized
The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 3407 of this title, authorize the Indian tribe to, in accordance with the plan—
(1) integrate the programs and Federal funds received by the Indian tribe in accordance with waiver authority granted under section 3406(d) of this title; and
(2) coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal plan.
(Pub. L. 102–477, § 4, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 115–93, § 5, Dec. 18, 2017, 131 Stat. 2027.)
§ 3404. Programs affected
(a) Programs affected
(1) In generalThe programs that may be integrated pursuant to a plan approved under section 3407 of this title shall be only programs—
(A) implemented for the purpose of—
(i) job training;
(ii) welfare to work and tribal work experience;
(iii) creating or enhancing employment opportunities;
(iv) skill development;
(v) assisting Indian youth and adults to succeed in the workforce;
(vi) encouraging self-sufficiency;
(vii) familiarizing individual participants with the world of work;
(viii) facilitating the creation of job opportunities;
(ix) economic development; or
(x) any services related to the activities described in clauses (i) through (x); and
(B) under which an Indian tribe or members of an Indian tribe—
(i) are eligible to receive funds—(I) under a statutory or administrative formula making funds available to an Indian tribe; or(II) based solely or in part on their status as Indians under Federal law; or
(ii) have secured funds as a result of a noncompetitive process or a specific designation.
(2) Treatment of block grant funds
(b) Program authorization
(Pub. L. 102–477, § 5, Oct. 23, 1992, 106 Stat. 2302; Pub. L. 106–568, title XI, § 1103(b), Dec. 27, 2000, 114 Stat. 2931; Pub. L. 115–93, § 6, Dec. 18, 2017, 131 Stat. 2027.)
§ 3405. Plan requirementsA plan submitted to the Secretary for approval under this chapter shall—
(1) identify the programs to be integrated and consolidated;
(2) be consistent with the purposes of this chapter;
(3) describe—
(A) a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the Indian tribe;
(B) the education, training, and related services to be provided to assist Indians to access those employment opportunities;
(C) the way in which services and program funds are to be integrated, consolidated, and delivered; and
(D) the results expected, including the expected number of program participants in unsubsidized employment during the second quarter after exit from the program, from the plan;
(4) identify the projected expenditures under the plan in a single budget covering all consolidated funds;
(5) identify any agency of the Indian tribe to be involved in the delivery of the services integrated under the plan;
(6) identify any statutory provisions, regulations, policies, or procedures that the Indian tribe believes need to be waived to implement the plan; and
(7) be approved by the governing body of the Indian tribe.
(Pub. L. 102–477, § 6, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 115–93, § 7, Dec. 18, 2017, 131 Stat. 2028.)
§ 3406. Plan review
(a) In general
Upon receipt of a plan from an Indian tribe, the Secretary shall consult with—
(1) the head of each Federal agency overseeing a program identified in the plan; and
(2) the Indian tribe that submitted the plan.
(b) Identification of waivers
(c) Tribal waiver request
(d) Waiver authority
(1) In general
(2) Exception
The head of an affected Federal agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with—
(A) the purposes of this chapter; or
(B) the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians.
(e) Decision on waiver request
(1) In general
(2) Denial of request
(3) Failure to act on request
(f) Secretarial review
If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 30 days after the date on which the request is denied, the Secretary shall review the denial and determine whether granting the waiver—
(1) will be inconsistent with the provisions of this chapter; or
(2) will prevent the affected agency from fulfilling the obligations of the affected agency under this chapter.
(g) Interagency dispute resolution
(1) In general
Not later than 30 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of this chapter and will not prevent the affected agency from fulfilling the obligations of the affected agency under this chapter, the Secretary shall establish and initiate an interagency dispute resolution process involving—
(A) the Secretary;
(B) the participating Indian tribe; and
(C) the head of the affected agency.
(2) Duration
(h) Final authority
(i) Final decision
Not later than 10 days after the date on which the dispute is resolved under this section, the Secretary shall provide the requesting Indian tribe with—
(1) the final decision on the waiver request; and
(2) notice of the right to file an appeal in accordance with the applicable provisions described in section 3407(d) of this title.
(Pub. L. 102–477, § 7, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(c), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 8, Dec. 18, 2017, 131 Stat. 2029.)
§ 3407. Plan approval; Secretarial authority; review of decision
(a) In general
(b) Approval process
(1) In general
(2) Approval
(3) Denial
(4) Partial approval
(A) In general
(B) Approval after resolution
(5) Failure to act
(c) Extension of time
(d) Review of denial
(1) Procedure upon refusal to approve plan
If the Secretary denies a plan under subsection (b)(3), the Secretary shall—
(A) state any objections in writing to the Indian tribe;
(B) provide assistance to the Indian tribe to overcome the stated objections; and
(C) unless the Indian tribe brings a civil action under paragraph (2), provide the Indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised, under such rules and regulations as the Secretary may promulgate.
(2) Civil actions
(A) In general
(B) Administrative hearing and appeal not required
(C) Relief
(3) Final agency action
Notwithstanding any other provision of law, a decision by an official of the Department of the Interior or the Department of Health and Human Services, as appropriate (collectively referred to in this paragraph as the “Department”) that constitutes final agency action and that relates to an appeal within the Department that is conducted under paragraph (1)(C) shall be made—
(A) by an official of the Department who holds a position at a higher organizational level within the Department than the level of the departmental agency (such as the Indian Health Service or the Bureau of Indian Affairs) in which the decision that is the subject of the appeal was made; or
(B) by an administrative law judge.
(Pub. L. 102–477, § 8, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(d), Dec. 27, 2000, 114 Stat. 2932; Pub. L. 115–93, § 9, Dec. 18, 2017, 131 Stat. 2030.)
§ 3408. Job creation activities authorized
(a) In general
(b) Job creation opportunities
(1) In general
(2) Determination of percentage
The percentage of funds that a tribal government may use under this subsection is the greater of—
(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or
(B) 10 percent.
(c) Limitation
(Pub. L. 102–477, § 9, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 2932.)
§ 3409. Employer training placements
(a) In general
Subject to subsection (b), an Indian tribe that has in place an approved plan under this chapter may use the funds made available for the plan under this chapter—
(1) to place participants in training positions with employers; and
(2) to pay the participants a training allowance or wage for a training period of not more than 24 months, which may be nonconsecutive.
(b) Requirements
An Indian tribe may carry out subsection (a) only if the Indian tribe enters into a written agreement with each applicable employer under which the employer shall agree—
(1) to provide on-the-job training to the participants; and
(2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants.
(Pub. L. 102–477, § 10, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 10, Dec. 18, 2017, 131 Stat. 2032.)
§ 3410. Federal responsibilities
(a) Lead agency
(1) In general
(2) InclusionsThe responsibilities of the Director of the Bureau of Indian Affairs in carrying out this chapter shall include—
(A) in coordination with the head of each Federal agency overseeing a program identified in the plan, the development of a single model report for each Indian tribe that has in place an approved plan under this chapter to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan;
(B) the provision, directly or through contract, of appropriate voluntary and technical assistance to participating Indian tribes;
(C) the development and use of a single monitoring and oversight system for plans approved under this chapter;
(D)
(i) the receipt of all funds covered by a plan approved under this chapter; and
(ii) the distribution of the funds to the respective Indian tribes by not later than 45 days after the date of receipt of the funds from the appropriate Federal department or agency; and
(E)
(i) the performance of activities described in section 3406 of this title relating to agency waivers; and
(ii) the establishment of an interagency dispute resolution process.
(3) Memorandum of agreement
(A) In general
(B) InclusionsThe memorandum of agreement under subparagraph (A) shall include provisions relating to—
(i) an annual meeting of participating Indian tribes and Federal departments and agencies, to be co-chaired by—(I) a representative of the President; and(II) a representative of the participating Indian tribes;
(ii) an annual review of the achievements under this chapter, including the number and percentage of program participants in unsubsidized employment during the second quarter after exit from the program, and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes from fully and efficiently carrying out the purposes of this chapter; and
(iii) a forum comprised of participating Indian tribes and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes in the administration of this chapter.
(b) Report format
(1) In general
(2) RequirementsThe lead agency shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe, contains information sufficient—
(A) to determine whether the Indian tribe has complied with the requirements of the approved plan of the Indian tribe;
(B) to determine the number and percentage of program participants in unsubsidized employment during the second quarter after exit from the program; and
(C) to provide assurances to the head of each applicable Federal department or agency that the Indian tribe has complied with all directly applicable statutory and regulatory requirements not waived under section 3406 of this title.
(3) Limitation
(Pub. L. 102–477, § 11, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 11, Dec. 18, 2017, 131 Stat. 2032.)
§ 3411. No reduction in amounts
(a) In general
In no case shall the amount of Federal funds available to an Indian tribe that has in place an approved plan under this chapter be reduced as a result of—
(1) the enactment of this chapter; or
(2) the approval or implementation of a plan of an Indian tribe under this chapter.
(b) Interaction with other laws
The inclusion of a program in a tribal plan under this chapter shall not—
(1) modify, limit, or otherwise affect the eligibility of the program for contracting under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); or
(2) eliminate the applicability of any provision of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), as the provision relates to a specific program eligible for contracting under that Act.
(Pub. L. 102–477, § 12, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 12, Dec. 18, 2017, 131 Stat. 2034.)
§ 3412. Transfer of funds
(a) In general
(b) Transfer of funds
(Pub. L. 102–477, § 13, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 13, Dec. 18, 2017, 131 Stat. 2034.)
§ 3413. Administration of funds
(a) Requirements
(1) In general
(A) Consolidation and reallocation of funds
(B) Authorized use of funds
(C) Effect
(2) Separate records and audits not required
Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe that has in place an approved plan under this chapter shall not be required—
(A) to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred;
(B) to allocate expenditures among such a program; or
(C) to audit expenditures by the original source of the program.
(b) Carryover
(1) In general
(2) No additional documentation
(c) Indirect costs
(d) Overage
(1) In general
(2) Treatment
(e) Matching funds
(f) Claims
The following provisions of law shall apply to plans approved under this chapter:
(1) Section 314 of the Department of the Interior and Related Agencies Appropriations Act, 1991 (Public Law 101–512; 104 Stat. 1959 [25 U.S.C. 5321 note]).
(2) Chapter 171 of title 28 (commonly known as the “Federal Tort Claims Act”).
(g) Interest or other income
(1) In general
(2) Prudent investment
(Pub. L. 102–477, § 14, Oct. 23, 1992, 106 Stat. 2305; Pub. L. 115–93, § 14, Dec. 18, 2017, 131 Stat. 2035.)
§§ 3414, 3415. Repealed. Pub. L. 115–93, § 16(a), Dec. 18, 2017, 131 Stat. 2036
§ 3416. Labor market information on Indian work force
(a) Report
The Secretary of Labor, in consultation with the Secretary, Indian tribes, and the Director of the Bureau of the Census, shall develop, maintain and publish, not less than biennially, a report on the population eligible for the services which the Secretary provides to Indian people. The report shall include, but is not limited to, information at the national level by State, Bureau of Indian Affairs Service area, and tribal level for the—
(1) total service population;
(2) the service population under age 16 and over 64;
(3) the population available for work, including those not considered to be actively seeking work;
(4) the employed population, including those employed with annual earnings below the poverty line; and
(5) the numbers employed in private sector positions and in public sector positions.
(b) Indian demographic information
(Pub. L. 102–477, § 15, formerly § 17, Oct. 23, 1992, 106 Stat. 2305; Pub. L. 103–437, § 10(e)(1), (2)(C), Nov. 2, 1994, 108 Stat. 4589; renumbered § 15 and amended Pub. L. 115–93, §§ 15, 16(b), Dec. 18, 2017, 131 Stat. 2036.)
§ 3417. Assignment of Federal personnel to State Indian economic development programs
Any State with an economic development program targeted to Indian tribes shall be eligible to receive, at no cost to the State, such Federal personnel assignments as the Secretary, in accordance with the applicable provisions of the Intergovernmental Personnel Act of 1970 [42 U.S.C. 4701 et seq.], may deem appropriate to help ensure the success of such program.
(Pub. L. 102–477, § 16, formerly § 18, Oct. 23, 1992, 106 Stat. 2306; renumbered § 16, Pub. L. 115–93, 16(b), Dec. 18, 2017, 131 Stat. 2036.)