§ 3404 TITLE 25—INDIANS Page 678

retary 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.

(Pub. L. 102–477, §4, Oct. 23, 1992, 106 Stat. 2302.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3404, 3405 of this

title.

§ 3404. Programs affected

The programs that may be integrated in a

demonstration project under any such plan referred to in section 3403 of this title 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

job training, tribal work experience, employment opportunities, or skill development, or any

program designed for the enhancement of job opportunities or employment training.

(Pub. L. 102–477, §5, Oct. 23, 1992, 106 Stat. 2302.)

§ 3405. Plan requirements

For a plan to be acceptable pursuant to section 3403 of this title, it shall—

(1) identify the programs to be integrated;

(2) be consistent with the purposes of this

chapter authorizing the services to be integrated in a demonstration project;

(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;

(4) describe the way in which services are to

be integrated and delivered and the results expected from the plan;

(5) identify the projected expenditures under

the plan in a single budget;

(6) identify the agency or agencies of the

tribal government to be involved in the delivery of the services integrated under the plan;

(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

(8) be approved by the governing body of the

affected tribe.

(Pub. L. 102–477, §6, Oct. 23, 1992, 106 Stat. 2303.)

§ 3406. Plan review

Upon receipt of the plan from a tribal government, the Secretary of the Interior shall consult

with the Secretary of each Federal department

providing funds to be used to implement the

plan, and with the tribal government submitting

the plan. The parties so consulting shall identify

any waivers of statutory requirements or of Federal departmental 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 department shall have the authority to

waive any regulation, policy, or procedure promulgated by that department that has been so

identified by such tribal government or department, unless the Secretary of the affected department determines that such a waiver is inconsistent with the purposes of this chapter or

those provisions of the statute from which the

program involved derives its authority which

are specifically applicable to Indian programs.

(Pub. L. 102–477, §7, Oct. 23, 1992, 106 Stat. 2303.)

§ 3407. Plan approval

Within 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. 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.

(Pub. L. 102–477, §8, Oct. 23, 1992, 106 Stat. 2303.)

§ 3408. Job creation activities authorized

The plan submitted by a tribal government

may involve the expenditure of funds for the

creation of employment opportunities and for

the development of the economic resources of

the tribal government or of individual Indian

people if such expenditures are consistent with

an overall regional economic activity which has

a reasonable likelihood of success and consistent

with the purposes specifically applicable to Indian programs in the statute under which the

funds are authorized.

(Pub. L. 102–477, §9, Oct. 23, 1992, 106 Stat. 2303.)

§ 3409. Private sector training placements

A tribal government participating in a demonstration program under this chapter 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.

(Pub. L. 102–477, §10, Oct. 23, 1992, 106 Stat. 2304.)

§ 3410. Federal responsibilities

(a) Responsibilities of Department of the Interior

Within 180 days following October 23, 1992, 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