II

105TH CONGRESS

1ST SESSION S. 1281

To amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to provide for the transfer of services and personnel

from the Bureau of Indian Affairs to the Office of Self-Governance,

to facilitate the creation of employment opportunities for American Indians and Alaska Natives, and for other purposes.

IN THE SENATE OF THE UNITED STATES

OCTOBER 9, 1997

Mr. MURKOWSKI (for himself and Mr. CAMPBELL) introduced the following

bill; which was read twice and referred to the Committee on Indian Affairs

A BILL

To amend the Indian Employment, Training and Related

Services Demonstration Act of 1992 to provide for the

transfer of services and personnel from the Bureau of

Indian Affairs to the Office of Self-Governance, to facilitate the creation of employment opportunities for American Indians and Alaska Natives, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Employment

5 and Training Improvement Act of 1997’’.
2

•S 1281 IS

1 SEC. 2. PLAN REVIEW.

2 The third sentence of section 7 of the Indian Employ3 ment, Training and Related Services Demonstration Act

4 of 1992 (25 U.S.C. 3406) is amended by striking ‘‘shall

5 have the authority to waive any’’ and inserting ‘‘shall

6 waive any statutory requirement,’’.

7 SEC. 3. PLAN APPROVAL.

8 Section 8 of the Indian Employment, Training and

9 Related Services Demonstration Act of 1992 (25 U.S.C.

10 3407) is amended—

11 (1) in the first sentence, by inserting before the

12 period at the end the following: ‘‘(including any re13 quest for a waiver that is made as part of the plan

14 submitted by the tribal government)’’; and

15 (2) in the second sentence, by inserting before

16 the period at the end the following: ‘‘, including re17 considering the disapproval of any waiver requested

18 by the Indian tribe’’.

19 SEC. 4. JOB CREATION ACTIVITIES.

20 Section 9 of the Indian Employment, Training and

21 Related Services Demonstration Act of 1992 (25 U.S.C.

22 3408) is amended—

23 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

24 ‘‘The plan submitted’’; and

25 (2) by adding at the end the following:

26 ‘‘(b) EMPLOYMENT OPPORTUNITIES.—
3

•S 1281 IS

1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provision of law, including any requirement of a pro3 gram that is integrated under a plan under this Act,

4 a tribal government may use a percentage of the

5 funds made available under this Act (as determined

6 under paragraph (2)) for the creation of employment

7 opportunities, including providing private sector

8 training placement under section 10.

9 ‘‘(2) DETERMINATION OF PERCENTAGE.—The

10 percentage of funds that a tribal government may

11 use under this subsection is the greater of—

12 ‘‘(A) the rate of unemployment in the area

13 subject to the jurisdiction of the tribal govern14 ment; or

15 ‘‘(B) 10 percent.’’.

16 SEC. 5. FEDERAL RESPONSIBILITIES.

17 (a) IN GENERAL.—Section 11(a) of the Indian Em18 ployment, Training and Related Services Demonstration

19 Act of 1992 (25 U.S.C. 3410(a)) is amended—

20 (1) in the matter preceding paragraph (1), by

21 striking ‘‘Bureau of Indian Affairs’’ and inserting

22 ‘‘Office of Self-Governance of the Department of the

23 Interior’’;

24 (2) in paragraph (4), by striking the period and

25 inserting ‘‘; and’’; and
4

•S 1281 IS

1 (3) by adding at the end the following:

2 ‘‘(5) ensuring an orderly transition with respect

3 to the administration of the programs integrated

4 under the project in such manner as to eliminate

5 any potential adverse effects of the project on any

6 Indian tribe that—

7 ‘‘(A) has entered into a self-determination

8 contract (as that term is defined in section 4(j)

9 of the Indian Self-Determination and Education

10 Assistance Act (25 U.S.C. 450b(j))); or

11 ‘‘(B) receives funding under this Act.’’.

12 (b) PERSONNEL.—In carrying out the amendment

13 made by subsection (a)(1), the Secretary of the Interior

14 shall transfer from the Bureau of Indian Affairs to the

15 Office of Self-Governance of the Department of the Inte16 rior such personnel and resources as the Secretary deter17 mines to be appropriate.

18 SEC. 6. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE

19 INDIAN ECONOMIC DEVELOPMENT PRO20 GRAMS.

21 Section 18 of the Indian Employment, Training and

22 Related Services Demonstration Act of 1992 (25 U.S.C.

23 3417) is amended—

24 (1) by striking the section heading and insert25 ing the following:
5

•S 1281 IS

1 ‘‘SEC. 18. ASSIGNMENT OF FEDERAL PERSONNEL TO IN2 DIAN ECONOMIC DEVELOPMENT PRO3 GRAMS.’’;

4 and

5 (2) by inserting ‘‘or Indian tribe’’ after ‘‘State’’

6 each place it appears.

7 SEC. 7. CONSOLIDATED ADVISORY COMMITTEES.

8 The Indian Employment, Training and Related Serv9 ices Demonstration Act of 1992 (25 U.S.C. 3401 et seq.)

10 is amended by adding at the end the following:

11 ‘‘SEC. 19. CONSOLIDATED ADVISORY COMMITTEE.

12 ‘‘(a) IN GENERAL.—The head of each Federal agency

13 specified in section 4 that otherwise has jurisdiction over

14 a program that is integrated under this Act (in accordance

15 with a plan under section 6) shall permit a tribal govern16 ment that carries out that plan to establish a consolidated

17 advisory committee to carry out the duties of each advi18 sory committee that would otherwise be required under ap19 plicable law (including any council or commission relating

20 to private industry) to carry out the programs integrated

21 under the plan.

22 ‘‘(b) WAIVERS.—As necessary to carry out paragraph

23 (1), each agency head referred to in that paragraph shall

24 waive any statutory requirement, regulation, or policy re25 quiring the establishment of an advisory committee (in26 cluding any advisory commission or council).’’.
6

•S 1281 IS

1 SEC. 8. ALASKA REGIONAL CONSORTIA.

2 The Indian Employment, Training and Related Serv3 ices Demonstration Act of 1992 (25 U.S.C. 3401 et seq.),

4 as amended by section 7 of this Act, is further amended

5 by adding at the end the following:

6 ‘‘SEC. 20. ALASKA REGIONAL CONSORTIA.

7 ‘‘(a) IN GENERAL.—Notwithstanding any other pro8 vision of law, subject to subsection (b), the Secretary shall

9 permit a regional consortium of Alaska Native villages or

10 regional or village corporations (as defined in or estab11 lished under the Alaska Native Claims Settlement Act (43

12 U.S.C. 1601 et seq.)) to carry out a project under a plan

13 that meets the requirements of this Act through a resolu14 tion adopted by the governing body of each such entity.

15 ‘‘(b) WITHDRAWAL.—Nothing in subsection (a) is in16 tended to prohibit an Alaska Native village or regional or

17 village corporation from withdrawing from participation in

18 any portion of a program conducted pursuant to that sub19 section at any time after the plan for the program is im20 plemented.’’.

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