‘‘(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 pro-
mulgate. 
‘‘(2) CIVIL
ACTIONS; CONCURRENT
JURISDIC-
TION; RELIEF.— 
‘‘(A) IN GENERAL.—The district courts of 
the United States shall have original jurisdic-
tion of a civil action or claim against the appro-
priate Secretary arising under this section and 
over any civil action or claim against the Sec-
retary for money damages arising under con-
tracts authorized by this section. 
‘‘(B) ADMINISTRATIVE HEARING AND AP-
PEAL
NOT
REQUIRED.—An Indian tribe may 
bring a civil action or claim under this para-
graph without regard to whether the Indian 
VerDate Sep 11 2014 
02:35 Oct 07, 2014
Jkt 049200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5671.IH
H5671
emcdonald on DSK67QTVN1PROD with BILLS
tribe had a hearing or filed an appeal under 
paragraph (1). 
‘‘(C) RELIEF.—In an action brought under 
this paragraph, the court may order appro-
priate relief, including— 
‘‘(i) money damages; 
‘‘(ii) injunctive relief against any ac-
tion by an officer or employee of the 
United States or any agency thereof con-
trary to this Act or regulations promul-
gated thereunder (including immediate in-
junctive relief to reverse a denial of a plan 
under this section or to compel the Sec-
retary to approve a plan); and 
‘‘(iii) a writ of mandamus to compel 
an officer or employee of the United 
States, or any agency thereof, to perform 
a duty provided under this Act or regula-
tions promulgated hereunder. 
‘‘(3) BURDEN OF PROOF AT HEARING OR AP-
PEAL
DECLINING
CONTRACT; FINAL
AGENCY
AC-
TION.— 
‘‘(A) IN GENERAL.—With respect to any 
hearing or appeal conducted under paragraph 
(1)(C) or any civil action brought under para-
VerDate Sep 11 2014 
02:35 Oct 07, 2014
Jkt 049200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5671.IH
H5671
emcdonald on DSK67QTVN1PROD with BILLS
graph (2), the Secretary shall have the burden 
of proving by clear and convincing evidence the 
validity of the grounds for denying approval of 
a plan (or portion thereof). 
‘‘(B) AGENCY
ACTION.—Notwithstanding 
any other provision of law, a decision by an of-
ficial of the Department of the Interior or the 
Department of Health and Human Services, as 
appropriate (collectively referred to in this para-
graph as the ‘Department’) that constitutes 
final agency action and that relates to an ap-
peal within the Department that is conducted 
under paragraph (1)(C) shall be made— 
‘‘(i) by an official of the Department 
who holds a position at a higher organiza-
tional level within the Department than 
the level of the departmental agency (such 
as the Indian Health Service or the Bu-
reau of Indian Affairs) in which the deci-
sion that is the subject of the appeal was 
made; or 
‘‘(ii) by an administrative judge. 
‘‘(4) APPLICATION OF LAWS TO ADMINISTRA-
TIVE
APPEALS.—Section 504 of title 5, United 
States Code, and section 2412 of title 28, United 
VerDate Sep 11 2014 
02:35 Oct 07, 2014
Jkt 049200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5671.IH
H5671
emcdonald on DSK67QTVN1PROD with BILLS
States Code, shall apply to any administrative ap-
peals pending on or filed after October 5, 1988, by 
an Indian tribe regarding a plan under this Act.’’. 
SEC. 10. EMPLOYER TRAINING PLACEMENTS. 
Section 10 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3409) is amend-
ed to read as follows: 
‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 
‘‘(a) IN GENERAL.—Subject to subsection (b), an In-
dian 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 allow-
ance 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 par-
ticipants; and 
‘‘(2) on satisfactory completion of the training 
period described in subsection (a)(2), to prioritize 
VerDate Sep 11 2014 
02:35 Oct 07, 2014
Jkt 049200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5671.IH
H5671
emcdonald on DSK67QTVN1PROD with BILLS
the provision of permanent employment to the par-
ticipants.’’. 
SEC. 11. FEDERAL RESPONSIBILITIES. 
Section 11 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3410) is amend-
ed to read as follows: 
‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 
‘‘(a) LEAD AGENCY.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law, the lead agency responsible for im-
plementation of this Act shall be the Bureau of In-
dian Affairs. 
‘‘(2) INCLUSIONS.—The responsibilities of the 
Director of the Bureau of Indian Affairs in carrying 
out this Act shall include— 
‘‘(A) the development of a single model re-
port 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; 
‘‘(B) the provision, directly or through con-
tract, of appropriate voluntary and technical as-
sistance to participating Indian tribes; 
VerDate Sep 11 2014 
02:35 Oct 07, 2014
Jkt 049200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5671.IH
H5671
emcdonald on DSK67QTVN1PROD with BILLS