69–010 ★ (Star Print) 

Calendar No. 32 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–26 

TO AMEND THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992 TO FACILITATE THE ABILITY OF INDIAN TRIBES TO INTEGRATE THE EMPLOYMENT, TRAINING, AND RELATED SERVICES FROM DIVERSE FEDERAL SOURCES, AND FOR OTHER 

PURPOSES 

APRIL 6 (legislative day, APRIL 4), 2017.—Ordered to be printed 

Mr. HOEVEN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany S. 91] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Indian Affairs, to which was referred the bill 

(S. 91) to amend the Indian Employment, Training and Related 

Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse federal sources, and for other purposes, having 

considered the same, reports favorably thereon, without amendment, and recommends the bill do pass. 

PURPOSE

The bill, S. 91, would amend the Indian Employment, Training 

and Related Services Demonstration Act of 1992 (1992 Act) to improve the ability of Indian tribes to integrate the employment, 

training, and related services from diverse federal sources, and for 

other purposes. 

BACKGROUND

In 1992, President Bush signed into law, the Indian Employment, Training, and Related Services Demonstration Act of 1992 

(1992 Act or Public Law No. 102–477). This law enabled Indian 

tribes to coordinate and integrate employment and training programs administered by the Departments of Labor (DOL), Interior 

(DOI), Education, and Health and Human Services (HHS). This 

consolidated program is commonly referred to as the 477 program. 

Tribal participation in the 477 program is voluntary. 

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1Div. of Workforce Dev., Bureau of Indian Affairs, U.S. Dep’t of the Interior, Who We Are, 

available at http://www.indianaffairs.gov/WhoWeAre/BIA/OIS/DWD/index.htm. 2 U.S. Dep’t of Labor, Employment and Training Administration, List of DOL—WIA Funded 

Federally Recognized Tribes and Alaska Native Entities Participating in Public Law 102–477, 

available at https://www.doleta.gov/dinap/cfml/477list.cfm. 3These programs include the following within the DOI: Bureau of Indian Affairs’ General Assistance program, Division of Workforce Development’s Job Placement and Training program, 

Higher Education and Adult Basic Education programs, and the Johnson O’Malley programs; 

within the DOL: Workforce Investment Act Section 166 Comprehensive Services program and 

Supplemental Youth Services program; and within the HHS: Native Employment Works, Tribal 

Temporary Assistance for Needy Families (TANF), and Child Care and Development Fund programs. 4 Alaska Federation of Natives, President’s Report (May 2015), available at http:// 

www.nativefederation.org/wp-content/uploads/2012/11/May2015- 

AFNPresidentsReportl060115.pdf. 

The 1992 Act was intended to reduce unemployment in tribal 

communities by creating employment opportunities consistent with 

the principle of tribal self-determination. The 1992 Act was also intended to increase the effectiveness of employment and training 

programs by reducing redundant, unnecessary, and burdensome 

federal bureaucracy through the consolidation of budgeting, reporting, and auditing systems. 

Components of the 1992 Act. Under the 477 program, participating Indian tribes are required to submit a single—federally approved plan, budget, financial report, and receive a single audit for 

all the employment and training programs included in the participant’s 477 program. This consolidation would supplant a participating Indian tribe from submitting multiple documents to each 

federal agency. Indian tribes are further able to implement programs designed to address tribal needs, guided by tribal goals. 

The single audit ensures accountability of the program and that 

the participating Indian tribes adhere to the accountability standards of the Government Performance Results Act. To facilitate coordination and streamlining, Public Law No. 102–477 allows participating federal agencies to waive any statutory or regulatory requirements as they deem necessary. 

The lead agency, designated by Public Law No. 102–477, to coordinate the 477 program with the participating Indian tribes and 

federal agencies is the DOI through the Division of Workforce Development at the Office of Indian Services within the Bureau of Indian Affairs.1 Funding from the agencies is sent to the DOI which 

then transfers the funding to participating Indian tribes through 

contracts or compacts pursuant to the Indian Self-Determination 

and Education Assistance Act (ISDEAA). 

Implementation of the 1992 Act. Implementation of the law proceeded with six Indian tribes and Alaska Native organizations submitting the initial 477 plans in 1994. Currently, Indian tribes and 

tribal organizations who utilize a 477 plan are located in: Alaska, 

Arizona, Idaho, Michigan, Minnesota, Montana, Nebraska, Nevada, 

New Mexico, New York, North Dakota, Oklahoma, Oregon, South 

Dakota, Washington, Wisconsin, and Wyoming.2

Over 250 Indian tribes and tribal organizations operate more 

than sixty separate 477 plans, consolidating separate programs in 

three Departments—Interior, Labor, and Health and Human Services.3 On an annual basis, approximately $110 million is funded 

through 477 plans.4 The success of the 477 program has been 

lauded by Indian tribes and the DOI. In recent years, the 477 proSSpencer on DSK4SPTVN1PROD with REPORTS

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5 Indian Employment, Training and Related Services Consolidation Act: Hearing on S. 1574 

Before the S. Comm. on Indian Affairs, 113th Cong. 2 (2014) (written testimony of Margaret 

Zientek, Co-Chair, 477 Tribal Work Group). 6 Id. at 5. 7 Id. at 2. 8Letter from Curtis Coy, Deputy Assistant Secretary for Administration, and Sidonie Squier, 

Director, Office of Family Assistance, U.S. Dep’t of Health and Human Services, to Robert Middleton, Ph.D., Director, Office of Indian Energy and Economic Development, U.S. Dep’t of the 

Interior (Jun. 2, 2008) (on file with the Committee). 9Letter from George T. Skibine, Acting Deputy Assistant Secretary for Policy and Economic 

Development, Office of the Secretary, U.S. Dep’t of the Interior, to Lisa Murkowski, Senator of 

U.S. Senate (Jan. 16, 2009) (on file with the Committee). 10 H.R. Rep. No. 112–331, at 1064 (2011) (Conf. Rep.). 

gram has received some of the highest ratings under the federal 

Program Assessment Rating Tool (PART) reviews.5

The Indian tribes and tribal organizations who have participated 

in a 477 plan have significantly improved the effectiveness of the 

delivery of services provided to their communities, in part, because 

the ‘‘flexibility has allowed [Indian tribes] to be so successful.’’ 6 For 

example, through programmatic integration and consolidation, 

Public Law No. 102–477 has also helped Indian tribes increase the 

number of individuals who receive services by decreasing the administrative burdens. 

According to testimony received by the Committee, ‘‘over 99% of 

the [total participant base of 43,991 people] achieved positive employment or education outcomes, earning an average of $7.00 increase in hourly wages.’’ 7

Administrative Issues. Despite the relative success of the 477 program, unresolved concerns, since 2000, remained between the HHS 

and the DOI prompting the HHS to propose withdrawing certain 

programs from participation in the 477 program. Those concerns 

largely centered on the ability of the agency to determine whether 

the program funds had been properly spent, even with the submission of clean annual audits, final reports, and approved budgets 

and plans. As a result, the HHS requested Indian tribes include 

the smallest spending details in their proposed budgets for the 477 

programs. The HHS also questioned whether certain program 

funds could be contracted by or transferred to Indian tribes using 

the ISDEAA contracts or compacts. 

On June 2, 2008, the HHS began issuing letters formally notifying Indian tribes whose plans were up for renewal that certain 

programs would be withdrawn from participating in the 477 program.8 Indian tribes were concerned that such an action would be 

imposed upon all other participating Indian tribes as their plans 

came up for approval or renewal. They were further concerned that 

such an action would re-impose upon Indian tribes the burdensome 

budget and reporting requirements the 1992 Act and subsequent 

amendments to the law sought to eliminate. The DOI was also concerned that the withdrawal of HHS funds from the 477 program 

would be detrimental to the participating Indian tribes.9

The FY 2012 omnibus appropriations conference report required 

the Administration and Indian tribes to form a workgroup to resolve differences in how funds should be transferred to Indian 

tribes and how tribal programs should be audited.10 The conference 

report further required the Administration to provide updates to 

Congress on resolving these issues and required the Bureau of Indian Affairs to submit a report summarizing the workgroup’s efSSpencer on DSK4SPTVN1PROD with REPORTS

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11 Indian Employment, Training and Related Services Consolidation Act: Hearing on S. 1574 

Before the S. Comm. on Indian Affairs, 113th Cong. 3 (2014) (written testimony of Margaret 

Zientek, Co-Chair, 477 Tribal Work Group). 12 Id. at 5. 

forts. The report was due on March 18, 2014 and issued on April 

1, 2014. 

According to testimony received by the Committee, the 

workgroup reached consensus on several issues, but not on the 

transferring of funds and reporting issues ‘‘due to a fundamental 

difference over the proper interpretation of the 477 statute,’’ 11 including ‘‘ambiguous language in the 477 law which only recently 

has been identified.’’ 12

NEED FOR LEGISLATION

The bill would amend the 1992 Act to authorize federal Indianrelated programs from the Departments of Agriculture, Commerce, 

Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Interior, Justice, Labor, 

Transportation, and Veterans Affairs to be eligible for consolidation 

into a single 477 plan. This process would allow for a participating 

tribe to submit a 477 plan with one budget, audit, and report for 

all departments. The process would reduce bureaucracy and costs, 

and encourage efficiency for more programs. The bill would also 

make the 1992 Act demonstration project permanent. 

LEGISLATIVE HISTORY

1992 Act. Senator Simon introduced S. 1530, the Indian Employment, Training and Related Services Demonstration Act of 1992, on 

July 23, 1991, which was referred to the Committee on Indian Affairs. The original cosponsors to S. 1530 were Senators Akaka, Burdick, Conrad, Daschle, DeConcini, Domenici, Inouye, Frank H. 

Murkowski, and Reid. Senators Bingaman, Gorton, and McCain 

were later added as cosponsors. 

The Committee held a hearing on S. 1530 on July 25, 1991. On 

October 15, 1991, the Committee favorably reported S. 1530 to the 

Senate with a substitute amendment and an amendment to the 

title. The Senate passed S. 1530 with an amendment and an 

amendment to the title by voice vote on October 30, 1991. The 

House of Representatives passed the bill, with an amendment, by 

voice vote on September 29, 1992. On October 7, 1992, the Senate 

agreed to the House of Representatives amendment by voice vote 

and the final bill was cleared for the President’s signature. On October 23, 1992, S. 1530 became Public Law No. 102–477. 

2000 Amendments. During the 106th Congress, H.R. 5528, the 

Omnibus Indian Advancement Act, was introduced by Representative Thune on October 24, 2000. Sections 1101–04 of the Omnibus 

Indian Advancement Act amended the Indian Employment, Training, and Related Services Demonstration Act of 1992 to allow Indian tribes more flexibility in using their funds for employment creation and to provide clarity on waiver requests in tribal plans. 

There were no cosponsors on the bill. It was referred to the Committee on Resources of the House of Representatives which held a 

hearing on the bill on October 25, 2000. The House of Representatives passed the bill on October 26, 2000. By unanimous consent, 

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the Senate passed the bill without amendment on December 11, 

2000. On December 27, 2000, H.R. 5528 became Public Law No. 

106–568. 

113th Congress. During the 113th Congress, S. 1574, the Indian 

Employment, Training, and Related Services Consolidated Act of 

2014, was introduced by Senator Murkowski on October 16, 2013. 

Senator Begich was added as a cosponsor on March 24, 2014. The 

bill, S. 1574, was referred to the Committee on Indian Affairs 

which held a hearing on the bill on April 2, 2014. On June 11, 

2014, the Committee held a duly called business meeting to consider, among other bills, S. 1574. The Committee ordered the bill, 

as amended, to be favorably reported to the Senate. On August 26, 

2014, the Committee reported S. 1574, as amended, to the Senate 

without a written report. No further action was taken by the Senate. 

A companion bill, H.R. 5671, the Indian Employment, Training 

and Related Services Consolidation Act of 2014, was introduced by 

Representative Don Young on September 18, 2014. On October 7, 

2014, H.R. 5671 was referred to the Committee on Natural Resources Subcommittee Indian and Alaska Native Affairs of the 

House of Representatives. No further action was taken by the 

House of Representatives. 

114th Congress. The Indian Employment, Training and Related 

Services Consolidation Act of 2015 (S. 1443) was introduced by 

Senators Murkowski and Sullivan on May 21, 2015. Senator Crapo 

was added as a co-sponsor on June 16, 2015. This bill is nearly 

identical to S. 1574 (113th Congress) as reported out of Committee. 

The bill did not include the provisions directing the Comptroller 

General of the United States to develop an inventory of eligible 

programs for inclusion in tribal plans. 

On October 21, 2015, the Committee held a duly called business 

meeting to consider, among other bills, S. 1443. The Committee ordered the bill, without amendment, to be favorably reported to the 

Senate. On July 14, 2016, the Senate passed S. 1443 without 

amendment by voice vote. On July 18, 2016, the bill was received 

in the House of Representatives and held at the desk. No further 

action was taken by the House of Representatives. 

Representative Don Young introduced a companion bill, H.R. 

329, the Indian Employment, Training and Related Services Consolidation Act of 2016 on January 13, 2015. Representatives Cole, 

Kilmer, Mullin, and Russell were later added as co-sponsors. On 

April 14, 2015, the Committee on Natural Resources Subcommittee 

on Indian, Insular and Alaska Native Affairs of the House of Representatives held a legislative hearing on H.R. 329. 

On November 16, 2016, the Committee on Natural Resources reported H.R. 329, as amended, with the bill being referred jointly 

and sequentially to the Committee on Education and the Workforce 

and the Committee on Ways and Means of the House of Representatives. On December 7, 2016, both of these Committees discharged 

H.R. 329, as amended. On December 7, 2016, a motion by Representative Don Young to suspend the rules and pass H.R. 329, as 

amended, was agreed to by voice vote. On December 8, 2016, the 

bill was received in the Senate. No further action was taken by the 

Senate. 

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115th Congress. Senators Murkowski and Sullivan introduced S. 

91, the Indian Employment, Training and Related Services Consolidation Act of 2017, on January 10, 2017. On February 8, 2017, the 

Committee held a duly called business meeting to consider, among 

other bills, S. 91. The Committee ordered the bill, without amendment, to be favorably reported to the Senate. 

The bill, S. 91, is identical to H.R. 329 as passed by the House 

of Representatives in the 114th Congress. The provisions adopted 

in the current bill are primarily clarifying and technical in nature, 

including: 

• Clarifies that the Department of the Interior is required to 

coordinate with other federal agencies under the 477 program; 

• Clarifies the provision which ensures that a consolidated 

format is used by Indian tribes when reporting expenditures; 

• Excludes funds from the Department of Health and 

Human Services and the Department of Labor from being eligible for use as a non-federal match in grant applications; 

• Removes higher education from the list of possible types of 

programs that could be integrated into a 477 plan; 

• Requires Indian tribes to list the anticipated employment 

benefits in their 477 plan and include employment information 

in their reports; 

• Requires the interagency memorandum of agreement include an analysis of the employment benefits of the program 

when they review achievements; 

• Amends the judicial remedy section by striking the specifications for Indian tribes to pursue monetary damages under 

the section; 

• Strikes the language that would allow Indian tribes to 

meet a lower burden of proof standard for pursuing cases; and 

• Clarifies the language regarding the process for Indian 

tribes to seek relief. 

Under the bill, S. 91, Indian tribes will retain the ability to bring 

civil actions based on agencies improper treatment under the 1992 

Act, including injunctive relief to reverse a 477 plan denial or to 

compel an agency to follow the law. Indian tribes pursuing monetary damages would have to meet the standard thresholds of the 

Tucker Act for bringing suit against the federal government. 

Representative Don Young introduced an identical companion 

bill, H.R. 228, the Indian Employment, Training and Related Services Consolidation Act of 2017, on January 3, 2017. The bill, H.R. 

228, was referred to the Committee on Natural Resources Subcommittee on Indian, Insular and Alaska Native Affairs of the 

House of Representatives on February 10, 2017. On February 27, 

2017, a motion by Representative McClintock to suspend the rules 

and pass H.R. 228, as amended, was agreed to by voice vote by the 

House of Representatives. On February 28, 2017, the bill was received in the Senate. 

The bill, H.R. 228, as received in the Senate, is similar to S. 91 

with a few technical corrections, including: 

• Modifies abbreviated language to the full spelling of words; 

• Clarifies the language of how Indian tribes and members 

of an Indian tribe are eligible to receive funds under an integrated 477 program; and 

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• Updates references to citations to the United States Code 

citations that have been recently reorganized. 

The changes made to H.R. 228 were approved by the 477 Tribal 

Work Group during the consideration of the bill by the House of 

Representatives. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

Section 1 cites this Act as the ‘‘Indian Employment, Training, 

and Related Services Consolidation Act of 2017’’. 

Section 2. Amendment of short title 

Section 2 of this Act amends Section 1 of the Indian Employment, Training and Related Services Demonstration Act of 1992 

(the 1992 Act), by removing the word ‘‘Demonstration’’ from the 

title of the 1992 Act. This section also clarifies that any reference 

to the 1992 Act shall be deemed a reference to this Act. 

Section 3. Statement of purpose 

Section 3 amends the purpose of the 1992 Act to facilitate the 

ability of Indian tribes to integrate the employment, training and 

related services they provide from diverse federal sources. This integration is intended to improve the effectiveness of those services, 

reduce joblessness in Indian communities, serve tribally-determined goals consistent with the policy of self-determination, while 

reducing administrative, reporting, and accounting costs. 

Section 4. Definitions 

Section 4 sets forth definitions of ‘‘Federal agency’’, ‘‘Indian’’, ‘‘Indian tribe’’, ‘‘Secretary’’, and ‘‘program’’ to be consistent with the 

Indian Self Determination and Education Assistance Act. This section creates a new definition of ‘‘program’’ to clarify which federal 

programs and funding sources are eligible for inclusion in tribal 

plans, and updates the definition of ‘‘Indian tribe’’ to include tribal 

organizations. 

Section 5. Integration of services authorized 

The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 8, authorize the Indian tribe 

to integrate the programs and federal funds received by the Indian 

tribe and coordinate the employment, training and related services 

provided with those funds in a consolidated and comprehensive 

tribal plan. 

Section 6. Programs affected and transfer of funds 

Section 6 authorizes what affected programs that may be integrated pursuant to a plan approved under section 8. The programs 

should have a purpose of job training, welfare to work and tribal 

work experience, creating or enhancing employment opportunities, 

skill development, assisting Indian youth and adults to succeed in 

the workforce, encouraging self-sufficiency, familiarizing individual 

participants with the world of work, and facilitating the creation of 

job opportunities, or any services related to purposes listed. 

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Under Section 6, Indian tribes or members of an Indian tribe 

who may integrate programs are—those who are eligible to receive 

funds under a statutory or administrative formula making funds 

available to an Indian tribe, or are due to their status as Indians 

under federal law; or Indian tribes or members of an Indian tribe 

who have secured funds as a result of a competitive process, a noncompetitive process, or a specific designation. 

This section also allows for programs funded by block grant 

funds provided to an Indian tribe to be integrated into the 477 

plan, regardless of whether the block grant is for the benefit of the 

Indian tribe or the status of the beneficiaries the grant serves. 

This section expands the 477 program to include the Departments of Justice, Agriculture, Commerce, Education, Energy, 

Health and Human Services, Homeland Security, Housing and 

Urban Development, Labor, Transportation, and Veterans Affairs. 

Section 7. Plan requirements 

Section 7 requires that tribal employment plans that are submitted must describe a comprehensive strategy identifying the full 

range of potential employment opportunities on or near the service 

area of an Indian tribe, including projected expenditures, and any 

waivers of federal law or regulations needed to effectively carry out 

the tribal plan. This section also requires participating tribes to set 

a goal in their plans for the number of program participants that 

are able to attain unsubsidized employment by the second quarter 

after exiting their program. 

Section 8. Plan review; waiver authority; and dispute resolution 

Section 8 clarifies the authority of all covered agencies to grant 

applicable waivers to enable tribes to efficiently implement plans, 

and places the responsibility on the Secretary of the Interior to resolve disputes within a fixed time frame. This is consistent with 

longstanding law and practice under the Indian Self Determination 

and Education Assistance Act governing contracting proposals, if 

no action is made to approved or disapprove a waiver request, the 

waiver request is deemed approved by operation of law. 

Subsection (e) provides that not later than 90 days of receiving 

a waiver request the head of the affected agency must make a decision to deny or grant the request. If an agency issues a denial, the 

agency shall provide the requesting tribe and the Secretary written 

notice and reason for denial. This section further provides that 

when an agency fails to act within 90 days, the waiver shall be considered granted. 

Subsection (f) clarifies the duties that the Secretary must take if 

an affected agency denies a waiver request. 

Subsection (g) defines the interagency dispute resolution process 

if the Secretary determines that granting the waiver will be inconsistent with the provisions of this Act, by involving—the Secretary, 

the participating Indian tribe, and the head of the affected agency. 

Subsection (h) states the head of the affected agency shall have 

final authority to resolve the dispute in the case that the dispute 

resolution process fails to resolve the dispute between the Indian 

tribe and the affected agency. 

Under subsection (i), a final decision on a dispute shall be made 

by the Secretary of the Interior no later than 10 days after the disSSpencer on DSK4SPTVN1PROD with REPORTS

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pute is resolved. The Secretary of the Interior shall provide the requesting Indian tribe with the final decision on the waiver request 

and notice of the right to file an appeal that is in accordance with 

this section. 

Section 9. Plan approval; secretarial authority; review of decision 

Section 9 clarifies the responsibility of the Secretary of the Interior as the sole authority to approve or disapprove a plan under the 

Act after coordinating with each federal agency providing funds 

used to implement the plan. This section further clarifies the plan 

approval process, denial process, and partial approvals. The Secretary may extend or otherwise alter the 90-day period identified 

in subsection (b)(1) for not more than an additional 90 days with 

express written consent of the requesting tribe. 

Section 9 outlines an option for tribes to pursue civil actions to 

potentially reverse an unfair denial of a plan or compel an agency 

to perform its program-related duties under the law. The district 

courts of the United States shall have original jurisdiction of a civil 

action against the appropriate Secretary arising under this section. 

This section clarifies that an Indian tribe may bring a civil action 

without regard to whether the Indian tribe had a hearing or filed 

an appeal. The court may order appropriate relief against any action by an officer or employee of the United States or any agency 

thereof that is contrary to the Act or regulation promulgated thereunder. 

Section 10. Employer training placements 

Section 10 expands the employment placement authority enacted 

by the 2000 amendments to include all employers under the approved plan. 

Section 11. Federal responsibilities 

Section 11 amends Section 11 of the 1992 Act by reaffirming that 

the Bureau of Indian Affairs as the lead agency for administering 

the Act. This section provides guidance on the responsibilities of 

the Bureau of Indian Affairs, and requirements for DOI’s coordination with other agencies, in the implementation of this Act. Additionally, this section requires the Secretary of the Interior and the 

Secretaries of the other participating departments to enter into an 

interdepartmental memorandum of agreement to expedite the implementation of the Act. Under this Act, tribes must include 

achievement numbers and percentages in annual reviews. 

Section 12. No reduction in amounts 

Section 12 prohibits any reduction in funds to which a participating tribes or tribal organizations would otherwise be entitled to 

absent participation under the Act, as well as provides clarity for 

the Act’s interaction with the Indian Self Determination and Education Assistance Act. 

Section 13. Transfer of funds 

Section 13 authorizes the interagency transfer of funds necessary 

to carry out the Act, requiring that such transfers occur within 30 

days of apportionment of funds to the transferring agency and also 

provides for the transfer of funds to the tribe through an existing 

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self-determination or self-governance contract or funding agreement already in place with the tribe. 

Section 14. Administration of funds 

Section 14 clarifies that notwithstanding any other provision of 

the law, all amounts transferred to a tribe pursuant to an approved 

plan may be consolidated and reallocated as specified in the approved plan to best meet the employment, training, and related 

needs of the local community served by the Indian tribe. The participating tribe or tribal organization is not required to maintain 

separate records that track how funds from a particular program 

included in a plan were spent, nor to track expenditures from such 

programs, and expressly exempts participating tribes and tribal organizations from any provision of OMB circular A 133 that imposes 

contrary requirements. Carryover funds from the previous fiscal 

year shall remain available for use in accordance with the approved plan of the Indian tribe. 

Subsection (c) specifies that once a tribe or tribal organization 

has been issued an approved indirect cost rate from its cognizant 

federal agency, the tribe or tribal organization shall be permitted 

to recover its indirect costs pursuant to such rate from all programs contributing funds under a plan. 

Subsection (e) specifies that any funds transferred to an Indian 

tribe under this Act shall be treated as non-federal funds for purposes of meeting matching requirements under any other federal 

law, except those administered by the Department of Labor or the 

Department of Health and Human Services. 

Subsection (f) provides that the Federal Tort Claims Act shall 

apply to all approved tribal plans. 

Subsection (g) provides that an Indian tribe shall be entitled to 

retain interest earned on any funds transferred to the tribe under 

an approved plan that such interest shall not diminish the amount 

of funds in the Indian tribe is authorized to receive under the plan 

in the year the interest is earned. 

Section 15. Labor market information on Indian work force 

Section 15 shifts the responsibility of preparing the labor market 

information report from the Secretary of Interior to the Secretary 

of Labor, and directs the Secretary of Labor, in consultation with 

the Secretary of Interior, Indian tribes, and the Director of the Bureau of Census, to provide a report on labor market information on 

Indian work force. 

Section 16. Repeals; conforming amendments 

Section 16 repeals two sections of P.L. 102 477 that are deemed 

no longer necessary due to amendments made by this Act. 

Section 17. Effect of act 

Section 17 states that no tribal plans currently in effect are affected by this Act, there is no requirement of any Indian tribe or 

tribal organization to resubmit a plan already approved under existing law, and it does not modify the effective period of any existing plan. 

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COST AND BUDGETARY CONSIDERATIONS

The following cost estimate, as provided by the Congressional 

Budget Office, dated March 10, 2017, was prepared for S. 91: 

MARCH 10, 2017. 

Hon. JOHN HOEVEN, Chairman, Committee on Indian Affairs, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 91, the Indian Employment, 

Training and Related Services Consolidation Act of 2017. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 91—Indian Employment, Training and Related Services Consolidation Act of 2017 

Under current law, multiple federal agencies provide financial 

assistance to Indian tribes for a wide range of purposes. Under the 

Indian Employment, Training and Related Services Demonstration 

Act and subject to approval by the Bureau of Indian Affairs (BIA), 

tribes can consolidate funds from certain types of federal grants, 

particularly those that support programs related to employment, 

training, and education. S. 91 would amend that act to expand the 

types of federal grants that tribes could consolidate. 

CBO estimates that enacting S. 91 would have no significant effect on the federal budget because the legislation would not affect 

the overall amount of assistance provided by federal agencies to 

tribes. Based on information from BIA, CBO estimates that any increased federal costs to oversee and administer tribal plans under 

the bill, which would be subject to appropriation, would not exceed 

$500,000 in any year. 

Enacting S. 91 would not affect direct spending or revenues; 

therefore, pay-as-you-go procedures do not apply. CBO estimates 

that enacting S. 91 would not increase net direct spending or onbudget deficits in any of the four consecutive 10-year periods beginning in 2028. 

S. 91 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. 

The CBO staff contact for this estimate is Robert Reese. The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of rule XXVI of the Standing Rules of the Senate requires each report accompanying a bill to evaluate the regulatory and paperwork impact that would be incurred in carrying 

out the bill. The Committee believes that S. 91 will have minimal 

impact of regulatory or paperwork requirements. 

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EXECUTIVE COMMUNICATIONS

The Committee has received no communications from the Executive Branch regarding S. 91. 

CHANGES IN EXISTING LAW

In accordance with subsection 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by S. 91, as ordered reported, are shown as follows (existing law proposed to be 

omitted is enclosed in black brackets, new matter is printed in 

italic): 

25 U.S.C. § 3401 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477)) 

§ 3401. Statement of purpose. 

øSECTION 1. SHORT TITLE. 

øThis Act may be cited as the ‘‘Indian Employment, Training and 

Related Services Demonstration Act of 1992’’.¿ 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Indian Employment, Training and 

Related Services Act of 1992’’. 

SEC. 2. STATEMENT OF PURPOSE. 

øThe purpose of this Act are to demonstrate how Indian tribal 

governments can¿ The purpose of this Act is to facilitate the ability 

of Indian tribes and tribal organizations to integrate the employment, training and related service they provide from diverse Federal sources in order to improve the effectiveness of those services, 

reduce joblessness in Indian communities, øand serve tribally-determined¿, and serve tribally-determined goals consistent with the 

policy of self-determination, while reducing administrative, reporting, and accounting costs. 

25 U.S.C. § 3402 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

the Omnibus Indian Advancement Act (P.L. 106–568)) 

§ 3402. Definitions. 

SEC. 3. DEFINITIONS. 

For the purposes of this Act, the following definitions apply: 

(1) FEDERAL AGENCY.—The term ‘‘federal agency’’ has the 

same meaning given the term ‘‘agency’’ in section 551(1) of title 

5, United States Code. 

ø(2) INDIAN TRIBE.—The terms ‘‘Indian tribe’’ and ‘‘tribe’’ 

shall have the meaning given the term ‘‘Indian tribe’’ in section 

4(e) of the Indian Self-Determination and Education Assistance 

Act.¿ 

(2) INDIAN TRIBE.— 

(A) IN GENERAL.—The terms ‘‘Indian tribe’’ and ‘‘tribe’’ 

have the meaning given the term ‘‘Indian tribe’’ in section 

4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). 

(B) INCLUSION.—The term ‘‘Indian tribe’’ includes tribal 

organizations (as defined in section 4 of the Indian Self-DeSSpencer on DSK4SPTVN1PROD with REPORTS

13 

termination and Education Assistance Act (25 U.S.C. 

5304). 

(3) INDIAN.—The term ‘‘Indian’’ shall have the meaning given 

such term in section 4(d) of the Indian Self-Determination and 

Education Assistance Act. 

(4) PROGRAM.—The term ‘‘program’’ means a program described in section 5(a). 

(ø4¿5) SECRETARY.—Except where otherwise provided, the 

term ‘‘Secretary’’ means the Secretary of the Interior. 

25 U.S.C. § 3403 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3403. Integration of services authorized. 

øSEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

øThe Secretary of the Interior, in cooperation with the appropriate Secretary of Labor, Secretary of Health and Human Services, or Secretary of Education, shall, upon the receipt of a plan acceptable to the Secretary of the Interior submitted by an Indian 

tribal government, authorize the tribal government to coordinate, 

in accordance with such plan, its federally funded employment, 

training, and related services programs in a manner that integrates the program services involved into a single, coordinated, 

comprehensive program and reduces administrative costs by consolidating administrative functions.¿ 

SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

The Secretary shall, after approving a plan submitted by an Indian tribe in accordance with section 8, 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 7(d); and 

(2) coordinate the employment, training, and related services 

provided with those funds in a consolidated and comprehensive 

tribal plan. 

25 U.S.C. § 3404 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

the Omnibus Indian Advancement Act (P.L. 106–568)) 

§ 3404. Programs affected. 

øSEC. 5. PROGRAMS AFFECTED. 

øThe programs that may be integrated in a demonstration 

project under any such plan referred to in section 4 of this Act 

shall include any program under which an Indian tribe is eligible 

for receipt of funds under a statutory or administrative formula for 

the purposes of assisting Indian youth and adults to succeed in the 

workforce, encouraging self-sufficiency, familiarizing Indian youth 

and adults with the world of work, facilitating the creation of job 

opportunities and any services related to these activities.¿ 

SEC. 5. PROGRAMS AFFECTED. 

(a) PROGRAMS AFFECTED— 

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(1) IN GENERAL.—The programs that may be integrated pursuant to a plan approved under section 8 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 (ix); 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) due to their status as Indians under Federal 

law; or 

(ii) have secured funds as a result of a competitive 

process, a noncompetitive process, or a specific designation. 

(2) TREATMENT OF BLOCK GRANT FUNDS.—For purposes of 

this section, programs funded by block grant funds provided to 

an Indian tribe, regardless of whether the block grant is for the 

benefit of the Indian tribe because of the status of the Indian 

tribe or the status of the beneficiaries the grant serves, shall be 

eligible to be integrated into the plan. 

(b) PROGRAM AUTHORIZATION.—The Secretary shall, in cooperation with the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Education, the Secretary of Energy, the Secretary of Health and Human Services, the Secretary of 

Homeland Security, the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Transportation, and 

the Secretary of Veterans Affairs, after the Secretary approves a 

plan submitted by an Indian tribe or tribal organization under section 8, authorize the Indian tribe or tribal organization, as applicable, to coordinate, in accordance with the plan, federally funded employment, training, and related services programs and funding in 

a manner that integrates the programs and funding into a consolidated and comprehensive program. 

25 U.S.C. § 3405 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3405. Plan requirements. 

øSEC. 6. PLAN REQUIREMENTS. 

øFor a plan to be acceptable pursuant to section 4, it shall— 

ø(1) identify the programs to be integrated; 

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ø(2) be consistent with the purposes of this Act authorizing 

the services to be integrated in a demonstration project; 

ø(3) describe a comprehensive strategy which identifies the 

full range of potential employment opportunities on and near 

the tribal government’s service area, and the education, training and related services to be provided to assist Indian workers 

to access those employment opportunities; 

ø(4) describe the way in which services are to be integrated 

and delivered and the results expected from the plan; 

ø(5) identify the projected expenditures under the plan in a 

single budget; 

ø(6) identify the agency or agencies of the tribal government 

to be involved in the delivery of the services integrated under 

the plan; 

ø(7) identify any statutory provisions, regulations, policies, 

or procedures that the tribal government believes need to be 

waived in order to implement its plan; and 

ø(8) be approved by the governing body of the affected tribe.¿ 

SEC. 6. PLAN REQUIREMENTS. 

A plan submitted to the Secretary for approval under this Act 

shall— 

(1) identify the programs to be integrated and consolidated; 

(2) be consistent with the purpose of this Act; 

(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. 

25 U.S.C. § 3406 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

the Omnibus Indian Advancement Act (P.L. 106–568)) 

§ 3406. Plan review. 

øSEC. 7. PLAN REVIEW. 

øUpon receipt of the plan from a tribal government, the Secretary shall consult with the Secretary of each Federal agency providing funds to be used to implement the plan, and with the tribal 

government submitting the plan. The parties so consulting shall 

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identify any waivers of statutory requirements or of Federal agency 

regulations, policies, or procedures necessary to enable the tribal 

government to implement its plan. Notwithstanding any other provision of law, the Secretary of the affected agency shall have the 

authority to waive any statutory requirement, regulation, policy, or 

procedure promulgated by that agency that has been so identified 

by such tribal government or agency, unless the Secretary of the 

affected agency determines that such a waiver is inconsistent with 

the purposes of this Act or those provisions of the statute from 

which the program involved derives its authority which are specifically applicable to Indian programs.¿ 

SEC. 7. 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.—The parties identified in subsection (a) shall identify any waivers of applicable statutory, regulatory, or administrative requirements, or of Federal agency policies 

or procedures necessary to enable the Indian tribe to efficiently implement the plan. 

(c) TRIBAL WAIVER REQUEST.—In consultation with the Secretary, 

a participating Indian tribe may request that the head of each affected agency waive any statutory, regulatory, or administrative requirement, policy, or procedure identified subsection (b). 

(d) WAIVER AUTHORITY.— 

(1) IN GENERAL.—Except as provided in paragraph (2), notwithstanding any other provision of law, the head of each affected Federal agency shall waive any applicable statutory, regulatory, or administrative requirement, regulation, policy, or 

procedure promulgated by the agency that has been identified 

by the parties under subparagraph (b). 

(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 purpose of this Act; 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.—Not later than 90 days after the head of an 

affected agency receives a waiver request, the head of the affected agency shall decide whether to grant or deny the request. 

(2) DENIAL OF REQUEST.—If the head of the affected agency 

denies a waiver request, not later than 30 days after the date 

on which the denial is made, the head of the affected agency 

shall provide the requesting Indian tribe and the Secretary with 

written notice of the denial and the reasons for the denial. 

(3) FAILURE TO ACT ON REQUEST.—If the head of an affected 

agency does not make a decision under paragraph (1) by the 

deadline identified in that paragraph, the request shall be considered to be granted. 

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(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 Act; or 

(2) will prevent the affected agency from fulfilling the obligations of the affected agency under this Act. 

(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 Act and will not 

prevent the affected agency from fulfilling the obligations of the 

affected agency under this Act, 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.—A dispute subject to paragraph (1) shall be 

resolved not later than 30 days after the date on which the 

process is initiated. 

(h) FINAL AUTHORITY.—If the dispute resolution process fails to 

resolve the dispute between a participating Indian tribe and an affected agency, the head of the affected agency shall have the final 

authority to resolve the dispute. 

(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 8(d). 

25 U.S.C. § 3407 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

the Omnibus Indian Advancement Act (P.L. 106–568)) 

§ 3407. Plan approval. 

øSEC. 8. PLAN APPROVAL. 

øWithin 90 days after the receipt of a tribal government’s plan 

by the Secretary, the Secretary shall inform the tribal government, 

in writing, of the Secretary’s approval or disapproval of the plan, 

including any request for a waiver that is made part of the plan 

submitted by the tribal government. If the plan is disapproved, the 

tribal government shall be informed, in writing, of the reasons for 

the disapproval and shall be given an opportunity to amend its 

plan or to petition the Secretary to reconsider such disapproval, including reconsidering the disapproval of any waiver requested by 

the Indian tribe.¿ 

SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION. 

(a) IN GENERAL.—The Secretary shall have exclusive authority to 

approve or disapprove a plan submitted by an Indian tribe in accordance with section 6. 

(b) APPROVAL PROCESS.— 

(1) IN GENERAL.—Not later than 90 days after the date on 

which the Secretary receives a plan, the Secretary shall, after 

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18 

coordinating with the Secretary of each Federal agency providing funds to be used to implement the plan, approve or deny 

the plan. 

(2) APPROVAL.—If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of program 

funds identified in the plan in accordance with section 13. 

(3) DENIAL.—If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by 

a controlling legal authority, that the plan does not meet the requirements described in section 6. 

(4) PARTIAL APPROVAL.— 

(A) IN GENERAL.—If a plan is denied under paragraph 

(3) solely on the basis that a request for a waiver that is 

part of the plan has not been approved (or is subject to dispute resolution) under section 7, the Secretary shall, upon 

a request from the tribe, grant partial approval for those 

portions of the plan not affected by the request for a waiver. 

(B) APPROVAL AFTER RESOLUTION.—With respect to a 

plan described in subparagraph (A), on resolution of the request for a waiver under section 7, the Secretary shall, on 

a request from the tribe, approve the plan or amended plan 

not later than 90 days after the date on which the Secretary 

receives the request. 

(5) FAILURE TO ACT.—If the Secretary does not make a decision under paragraph (1) within 90 days of the date on which 

the Secretary receives the plan, the plan shall be considered to 

be approved. 

(c) EXTENSION OF TIME.—Notwithstanding any other provision of 

law, the Secretary may extend or otherwise alter the 90-day period 

identified in subsection (b)(1) for not more than 90 additional days, 

if, before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe. 

(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.—The district courts of the United States 

shall have original jurisdiction of a civil action against the 

appropriate Secretary arising under this section. 

(B) ADMINISTRATIVE HEARING AND APPEAL NOT RE- QUIRED.—An Indian tribe may bring a civil action under 

this paragraph without regard to whether the Indian tribe 

had a hearing or filed an appeal under paragraph (1). 

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(C) RELIEF.—In an action brought under this paragraph, 

the court may order appropriate relief (including injunctive 

relief to reverse a denial of a plan under this section or to 

compel an officer or employee of the United States, or any 

agency thereof, to perform a duty provided under this Act 

or regulations promulgated thereunder) against any action 

by an officer or employee of the United States or any agency 

thereof contrary to this Act or regulations promulgated 

thereunder. 

(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. 

25 U.S.C. § 3409 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3409. Private sector training placements. 

øSEC. 10. PRIVATE SECTOR TRAINING PLACEMENTS. 

øA tribal government participating in a demonstration program 

under this Act is authorized to utilize funds available under such 

plan to place participants in training positions with private employers and pay such participants a training allowance or wage for 

a period not to exceed 12 months, if the tribal government obtains 

a written agreement from the private employer to provide on-the 

job training to such participants and, upon satisfactory completion 

of the training period, to guarantee permanent employment to such 

participants for a minimum of 12 months.¿ 

SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

(a) IN GENERAL.—Subject to subsection (b), an Indian tribe that 

has in place an approved plan under this Act may use the funds 

made available for the plan under this Act— 

(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. 

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25 U.S.C. § 3410 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3410. Federal responsibilities. 

øSEC. 11. FEDERAL RESPONSIBILITIES. 

ø(a) RESPONSIBILITIES OF THE DEPARTMENT OF THE INTERIOR.— 

Within 180 days following the date of enactment of this Act, the 

Secretary of the Interior, the Secretary of Labor, the Secretary of 

Health and Human Services and the Secretary of Education shall 

enter into an interdepartmental memorandum of agreement providing for the implementation of the demonstration projects authorized under this Act. The lead agency for a demonstration program 

under this Act shall be the Bureau of Indian Affairs, Department 

of the Interior. The responsibilities of the lead agency shall include— 

ø(1) the use of a single report format related to the plan for 

the individual project which shall be used by a tribal government to report on the activities undertaken under the project; 

ø(2) the use of a single report format related to the projected 

expenditures for the individual project which shall be used by 

a tribal government to report on all project expenditures; 

ø(3) the development of a single system of Federal oversight 

for the project, which shall be implemented by the lead agency; 

and 

ø(4) the provision of technical assistance to a tribal government appropriate to the project, except that a tribal government shall have the authority to accept or reject the plan for 

providing such technical assistance and the technical assistance provider. 

ø(b) REPORT REQUIREMENTS.—The single report format shall be 

developed by the Secretary, consistent with the requirements of 

this Act. Such report format, together with records maintained on 

the consolidated program at the tribal level shall contain such information as will allow a determination that the tribe has complied 

with the requirements incorporated in its approved plan and will 

provide assurances to each Secretary that the tribe has complied 

with all directly applicable statutory requirements and with those 

directly applicable regulatory requirements which have not been 

waived.¿ 

SEC. 11. FEDERAL RESPONSIBILITIES 

(a) LEAD AGENCY.— 

(1) IN GENERAL.—Notwithstanding any other provision of 

law, the lead agency responsible for implementation of this Act 

shall be the Bureau of Indian Affairs. 

(2) INCLUSIONS.—The responsibilities of the Director of the 

Bureau of Indian Affairs in carrying out this Act 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 Act to submit to the 

Director reports on any consolidated activities undertaken 

and joint expenditures made under the plan; 

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(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 Act; 

(D)(i) the receipt of all funds covered by a plan approved 

under this Act; 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 7 

relating to agency waivers; and 

(ii) the establishment of an interagency dispute resolution 

process. 

(3) MEMORANDUM OF AGREEMENT.— 

(A) IN GENERAL.—Not later than 1 year after the date of 

enactment of the Indian Employment, Training and Related Services Consolidation Act of 2017, the Secretary (acting through the Director of the Bureau of Indian Affairs), 

in conjunction with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, 

Homeland Security, Housing and Urban Development, 

Labor, Transportation, and Veterans Affairs and the Attorney General, shall enter into an interdepartmental memorandum of agreement providing for the implementation of 

this Act. 

(B) INCLUSIONS.—The 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 cochaired 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 

Act, 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 Act; 

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 Act. 

(b) REPORT FORMAT.— (1) IN GENERAL.—The lead agency shall develop and distribute to Indian tribes that have in place an approved plan 

under this Act a single report format, in accordance with the 

requirements of this Act. 

(2) REQUIREMENTS.—The lead agency shall ensure that the 

report format developed under paragraph (1), together with 

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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 7. 

(3) LIMITATION.—The report format developed under paragraph (1) shall not require a participating Indian tribe to report 

on the expenditure of funds expressed by fund source or single 

agency code transferred to the Indian tribe under an approved 

plan under this Act but instead shall require the Indian tribe 

to submit a single report on the expenditure of consolidated 

funds under such plan. 

25 U.S.C. § 3411 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3411. No reduction in amounts. 

øSEC. 12. NO REDUCTION IN AMOUNTS. 

øIn no case shall the amount of Federal funds available to a tribal government involved in any demonstration project be reduced as 

a result of the enactment of this Act.¿ 

SEC. 12. 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 Act be reduced as a result of— 

(1) the enactment of this Act; or 

(2) the approval or implementation of a plan of an Indian 

tribe under this Act. 

(b) INTERACTION WITH OTHER LAWS.—The inclusion of a program 

in a tribal plan under this Act 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. 5304 et seq.); or 

(2) eliminate the applicability of any provision of the Indian 

Self-Determination and Education Assistance Act (25 U.S.C. 

5304 et seq.), as the provision relates to a specific program eligible for contracting under that Act. 

25 U.S.C. § 3412 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3412. Interagency fund transfers authorized. 

øSEC. 13. INTERAGENCY FUND TRANSFERS AUTHORIZED. 

øThe Secretary of the Interior, Secretary of Labor, Secretary of 

Health and Human Services, or the Secretary of Education, as appropriate, is authorized to take such action as may be necessary to 

provide for an interagency transfer of funds otherwise available to 

a tribal government in order to further the purposes of this Act.¿ 

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SEC. 13. TRANSFER OF FUNDS. 

(a) IN GENERAL.—Notwithstanding any other provision of law, 

not later than 30 days after the date of apportionment to the applicable Federal department or agency, the head of a Federal agency 

overseeing a program identified in a plan approved under this Act 

shall transfer to the Director of the Bureau of Indian Affairs for distribution to an Indian tribe any funds identified in the approved 

plan of the Indian tribe. 

(b) TRANSFER OF FUNDS.—Notwithstanding any other provision of 

law, at the request of the Indian tribe, all program funds transferred to an Indian tribe in accordance with the approved plan of 

the Indian tribe shall be transferred to the Indian tribe pursuant 

to an existing contract, compact, or funding agreement awarded 

pursuant to title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.) 

25 U.S.C. § 3413 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477) 

§ 3413. Administration of funds and overage. 

øSEC. 14. ADMINISTRATION OF FUNDS AND OVERAGE. 

ø(a) ADMINISTRATION OF FUNDS.— 

ø(1) IN GENERAL.—Program funds shall be administered in 

such a manner as to allow for a determination that funds from 

specific programs (or an amount equal to the amount attracted 

from each program) are spent on allowable activities authorized under such program. 

ø(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this section shall be construed as requiring the tribe to maintain separate records tracing any services or activities conducted under 

its approved plan to the individual programs under which 

funds were authorized, nor shall the tribe be required to allocate expenditures among such individual programs.¿ 

SEC. 14. ADMINISTRATION OF FUNDS. 

(a) REQUIREMENTS.— 

(1) IN GENERAL.— 

(A) CONSOLIDATION AND REALLOCATION OF FUNDS.—Notwithstanding any other provision of law, all amounts 

transferred to a tribe pursuant to an approved plan may be 

consolidated, reallocated, and rebudgeted as specified in 

the approved plan to best meet the employment, training, 

and related needs of the local community served by the Indian tribe. 

(B) AUTHORIZED USE OF FUNDS.—The amounts used to 

carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the approved plan. 

(C) EFFECT.—Nothing in this section interferes with the 

ability of the Secretary or the lead agency to use accounting 

procedures that conform to generally accepted accounting 

principles, auditing procedures, and safeguarding of funds 

that conform to chapter 75 of title 31, United States Code 

(commonly known as the ‘Single Audit Act of 1984’). 

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(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 Act 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.—Any funds transferred to an Indian tribe 

under this Act that are not obligated or expended prior to the 

beginning of the fiscal year after the fiscal year for which the 

funds were appropriated shall remain available for obligation 

or expenditure without fiscal year limitation, subject to the condition that the funds shall be obligated or expended in accordance with the approved plan of the Indian tribe. 

(2) NO ADDITIONAL DOCUMENTATION.—The Indian tribe shall 

not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition 

of receiving or expending the funds. 

(c) INDIRECT COSTS.—Notwithstanding any other provision of 

law, an Indian tribe shall be entitled to recover 100 percent of any 

indirect costs incurred by the Indian tribe as a result of the transfer 

of funds to the Indian tribe under this Act. 

(øb¿d) OVERAGE.—øAll administrative¿ 

(1) IN GENERAL.—All administrative costs may be commingled and participating Indian tribes shall be entitled to the full 

amount of such costs (under each program or department’s 

øregulations), and no overage shall be counted for Federal 

audit purposes, provided that the overage is used for the purposes provided for under this Act.¿regulations). 

(2) TREATMENT.—The amount equal to the difference between 

the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), 

shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act. 

(e) MATCHING FUNDS.—Notwithstanding any other provision of 

law, any funds transferred to an Indian tribe under this Act shall 

be treated as non-Federal funds for purposes of meeting matching 

requirements under any other Federal law, except those administered by the Department of Labor or the Department of Health and 

Human Services. 

(f) CLAIMS.—The following provisions of law shall apply to plans 

approved under this Act: 

(1) Section 314 of the Department of the Interior and Related 

Agencies Appropriations Act, 1991 (Public Law 101–512; 104 

Stat. 1959). 

(2) Chapter 171 of title 28 (commonly known as the ‘Federal 

Tort Claims Act’). 

(g) INTEREST OR OTHER INCOME.— 

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(1) IN GENERAL.—An Indian tribe shall be entitled to retain 

interest earned on any funds transferred to the tribe under an 

approved plan and such interest shall not diminish the amount 

of funds the Indian tribe is authorized to receive under the plan 

in the year the interest is earned or in any subsequent fiscal 

year. 

(2) PRUDENT INVESTMENT.—Funds transferred under a plan 

shall be managed in accordance with the prudent investment 

standard. 

25 U.S.C. § 3414 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477)) 

§ 3414. Fiscal accountability. 

øSEC. 15. FISCAL ACCOUNTABILITY. 

øNothing in this Act shall be construed so as to interfere with 

the ability of the Secretary or the lead agency to fulfill the responsibilities for the safeguarding of Federal funds pursuant to the Single Audit Act of 1984.¿ 

25 U.S.C. § 3415 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

An Act to make technical improvements in the United State Code 

by amending provisions to reflect the current names of congressional committees (P.L. 103–437)) 

§ 3415. Report on statutory obstacles to program integration. 

øSEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION. 

ø(a) PRELIMINARY REPORT.—Not later than two years after the 

date of the enactment of this Act, the Secretary shall submit a preliminary report to the Committee on Indian Affairs of the Senate 

and the Committee on Natural Resources of the House of Representatives on the status of the implementation of the demonstration program authorized under this Act. 

ø(b) FINAL REPORT.—Not later than five years after the date of 

the enactment of this Act, the Secretary shall submit a report to 

the Committee on Indian Affairs of the Senate and the Committee 

on Natural Resources and the Committee on Education and Labor 

of the House of Representatives on the results of the implementation of the demonstration program authorized under this Act. Such 

report shall identify statutory barriers to the ability of tribal governments to integrate more effectively their employment, training, 

and related services in a manner consistent with the purposes of 

this Act.¿ 

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26 

25 U.S.C. § 3416 (Indian Employment, Training and Related Services Demonstration Act of 1992 (P.L. 102–477), as amended by 

An Act to make technical improvements in the United State Code 

by amending provisions to reflect the current names of congressional committees (P.L. 103–437)) 

§ 3416. Labor market information on the Indian work force. 

SEC. ø17¿15. LABOR MARKET INFORMATION ON THE INDIAN WORK 

FORCE. 

(a) REPORT.—øThe Secretary, in consultation with the Secretary 

of Labor, shall, in a consistent and reliable manner,¿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 populationø, by 

gender,¿ 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. 

25 U.S.C. § 3417 (Indian Employment, Training and Related 

Services Demonstration Act of 1992 (P.L. 102–477)) 

§ 3417. Assignment of Federal personnel to State Indian economic development programs. 

SEC. ø18¿16. 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, may deem appropriate to help ensure the success of 

such program. 

Æ 

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