In the House of Representatives, U. S.,

October 23, 2000.

Resolved, That the bill from the Senate (S. 1509) entitled ‘‘An Act to amend the Indian Employment, Training,

and Related Services Demonstration Act of 1992, to emphasize the need for job creation on Indian reservations, and for

other purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 TITLE I—INDIAN EMPLOYMENT,

2 TRAINING, AND RELATED

3 SERVICES DEMONSTRATION

4 ACT AMENDMENTS

5 SEC. 101. SHORT TITLE.

6 This title may be cited as the ‘‘Indian Employment,

7 Training, and Related Services Demonstration Act Amend8 ments of 2000’’.

9 SEC. 102. FINDINGS, PURPOSES.

10 (a) FINDINGS.—The Congress finds that—

11 (1) Indian tribes and Alaska Native organiza12 tions that have participated in carrying out pro13 grams under the Indian Employment, Training, and
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1 Related Services Demonstration Act of 1992 (25

2 U.S.C. 3401 et seq.) have—

3 (A) improved the effectiveness of employ4 ment-related services provided by those tribes

5 and organizations to their members;

6 (B) enabled more Indian and Alaska Native

7 people to prepare for and secure employment;

8 (C) assisted in transitioning tribal members

9 from welfare to work; and

10 (D) otherwise demonstrated the value of in11 tegrating employment, training, education and

12 related services.

13 (E) the initiatives under the Indian Em14 ployment, Training, and Related Services Dem15 onstration Act of 1992 should be strengthened by

16 ensuring that all Federal programs that empha17 size the value of work may be included within a

18 demonstration program of an Indian or Alaska

19 Native organization;

20 (F) the initiatives under the Indian Em21 ployment, Training, and Related Services Dem22 onstration Act of 1992 should have the benefit of

23 the support and attention of the officials with

24 policymaking authority of—

25 (i) the Department of the Interior;
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1 (ii) other Federal agencies that admin2 ister programs covered by the Indian Em3 ployment, Training, and Related Services

4 Demonstration Act of 1992.

5 (b) PURPOSES.—The purposes of this title are to dem6 onstrate how Indian tribal governments can integrate the

7 employment, training, and related services they provide in

8 order to improve the effectiveness of those services, reduce

9 joblessness in Indian communities, foster economic develop10 ment on Indian lands, and serve tribally-determined goals

11 consistent with the policies of self-determination and self12 governance.

13 SEC. 103. AMENDMENTS TO THE INDIAN EMPLOYMENT,

14 TRAINING AND RELATED SERVICES DEM15 ONSTRATION ACT OF 1992.

16 (a) DEFINITIONS.—Section 3 of the Indian Employ17 ment, Training, and Related Services Demonstration Act

18 of 1992 (25 U.S.C. 3402) is amended—

19 (1) by redesignating paragraphs (1) through (3)

20 as paragraphs (2) through (4), respectively; and

21 (2) by inserting before paragraph (2) the fol22 lowing:

23 ‘‘(1) FEDERAL AGENCY.—The term ‘federal agen24 cy’ has the same meaning given the term ‘agency’ in

25 section 551(1) of title 5, United States Code.’’.
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1 (b) PROGRAMS AFFECTED.—Section 5 of the Indian

2 Employment, Training, and Related Services Demonstra3 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

4 ‘‘job training, tribal work experience, employment opportu5 nities, or skill development, or any program designed for

6 the enhancement of job opportunities or employment train7 ing’’ and inserting the following: ‘‘assisting Indian youth

8 and adults to succeed in the workforce, encouraging self9 sufficiency, familiarizing Indian Youth and adults with the

10 world of work, facilitating the creation of job opportunities

11 and any services related to these activities’’.

12 (c) PLAN REVIEW.—Section 7 of the Indian Employ13 ment, Training, and Related Services Demonstration Act

14 of 1992 (25 U.S.C. 3406) is amended—

15 (1) by striking ‘‘Federal department’’ and insert16 ing ‘‘Federal agency’’;

17 (2) by striking ‘‘Federal departmental’’ and in18 serting ‘‘Federal agency’’;

19 (3) by striking ‘‘department’’ each place it ap20 pears and inserting ‘‘agency’’; and

21 (4) in the third sentence, by inserting ‘‘statutory

22 requirement,’’, after ‘‘to waive any’’.

23 (d) PLAN APPROVAL.—Section 8 of the Indian Em24 ployment, Training, and Related Services Demonstration

25 Act of 1992 (25 U.S.C. 3407) is amended—
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1 (1) in the first sentence, by inserting before the

2 period at the end the following; ‘‘, including any re3 quest for a waiver that is made as part of the plan

4 submitted by the tribal government’’; and

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

6 period at the end the following: ‘‘, including reconsid7 ering the disapproval of any waiver requested by the

8 Indian tribe’’.

9 (e) JOB CREATION ACTIVITIES AUTHORIZED.—Section

10 9 of the Indian Employment, Training, and Related Serv11 ices Demonstration Act of 1992 (25 U.S.C. 3407) is

12 amended—

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

14 ‘‘The plan submitted’’; and

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

16 ‘‘(b) JOB CREATION OPPORTUNITIES.—

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

18 provisions of law, including any requirement of a

19 program that is integrated under a plan under this

20 Act, a tribal government may use a percentage of the

21 funds made available under this Act (as determined

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

23 opportunities, including providing private sector

24 training placement under section 10.
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1 ‘‘(2) DETERMINATION OF PERCENTAGE.—The

2 percentage of funds that a tribal government may use

3 under this subsection is the greater of—

4 ‘‘(A) the rate of unemployment in the serv5 ice area of the tribe up to a maximum of 25 per6 cent; or

7 ‘‘(B) 10 percent.

8 ‘‘(c) LIMITATION.—The funds used for an expenditure

9 described in subsection (a) may only include funds made

10 available to the Indian tribe by a Federal agency under

11 a statutory or administrative formula.’’.

12 SEC. 104. REPORT ON EXPANDING THE OPPORTUNITIES

13 FOR PROGRAM INTEGRATION.

14 Not later than one year after the date of enactment

15 of this title, the Secretary, the Secretary of Health and

16 Human Services, the Secretary of Labor, and the tribes and

17 organizations participating in the integration initiative

18 under this title shall submit a report to the Committee on

19 Indian Affairs of the Senate and the Committee on Re20 sources of the House of Representatives on the opportunities

21 for expanding the integration of human resource develop22 ment and economic development programs under this title,

23 and the feasibility of establishing Joint Funding Agree24 ments to authorize tribes to access and coordinated funds

25 and resources from various agencies for purposes of human
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1 resources development, physical infrastructure development,

2 and economic development assistance in general. Such re3 port shall identify programs or activities which might be

4 integrated and make recommendations for the removal of

5 any statutory or other barriers to such integration.

6 TITLE II—LIMITATION ON PAR7 TIES LIABLE IN CERTAIN

8 LAND DISPUTES

9 SEC. 201. LIABLE PARTIES LIMITED.

10 In any action brought claiming an interest in land

11 or natural resources located in Oneida or Madison counties

12 in the State of New York that arises from—

13 (1) the failure of Congress to approve or ratify

14 the transfer of such land or natural resources from,

15 by, or on behalf of any Indian nation, tribe, or band;

16 or

17 (2) a violation of any law of the United States

18 that is specifically applicable to the transfer of land

19 or natural resources from, by, or on behalf of any In20 dian nation, tribe, or band (including the Act entitled

21 ‘‘An Act to regulate trade and intercourse with the

22 Indian tribes, and to preserve peace on the frontiers’’,

23 approved June 30, 1834 (1 Stat. 137)),
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1 liability shall be limited to the party to whom the Indian

2 nation, tribe, or band allegedly transferred the land or nat3 ural resources.

Attest:

Clerk.
106TH CONGRESS

2D SESSION S. 1509

AMENDMENT