25 U.S.C. § 3410: Federal responsibilities

Summary

The Bureau of Indian Affairs must be the lead agency in charge of carrying out this law. The Bureau must make one model report that each tribe with an approved plan will use to report activities and shared spending. The Bureau must give voluntary and technical help directly or by contract, create one system to monitor approved plans, take receipt of all plan funds and send each tribe its money within 45 days after getting it, carry out waiver-related tasks described in section 3406, and set up a process to resolve disputes between agencies. Within 1 year after December 18, 2017, the Secretary (through the Bureau of Indian Affairs Director) must sign an interagency agreement 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. That agreement must provide for an annual meeting co-chaired by a President’s representative and a tribe representative, an annual review of outcomes (including the share of program participants in unsubsidized jobs in the second quarter after exit) and a forum to resolve interagency and tribe–Federal conflicts. The Bureau must give tribes a single report form that shows plan compliance, employment outcomes, and compliance with non‑waived laws, and it must let tribes report consolidated spending rather than by fund source.

Title 25, §3410

Indians, Source: USLM XML via OLRC

(a)Lead agency

(1)In general

Notwithstanding any other provision of law, the lead agency responsible for implementation of this chapter shall be the Bureau of Indian Affairs.

(2)Inclusions

The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this chapter 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 chapter to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan;

(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 chapter;

(D)(i)the receipt of all funds covered by a plan approved under this chapter; 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 3406 of this title 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 December 18, 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 chapter.

(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 co-chaired 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 chapter, 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 chapter; 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 chapter.

(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 chapter a single report format, in accordance with the requirements of this chapter.

(2)Requirements

The lead agency shall ensure that the report format developed under paragraph (1), together with 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 3406 of this title.

(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 chapter but instead shall require the Indian tribe to submit a single report on the expenditure of consolidated funds under such plan.

Editorial Notes

Amendments

2017—Pub. L. 115–93 amended section generally. Prior to amendment, section related to Federal responsibilities, specifying the responsibilities of Department of the Interior, and report requirements.

§3410 Federal Responsibilities

Summary

Title 25, §3410

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata