[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Proposed Rules]
[Pages 19179-19185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-7304]
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DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
25 CFR Parts 26, 27
RIN 1076-AE88
Job Placement and Training
AGENCY: Bureau of Indian Affairs, Interior.
ACTION: Proposed rule.
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SUMMARY: This rule would consolidate requirements governing the
Employment Assistance Program and the Adult Vocational Training
Program. These programs assist Indian people to obtain job skills and
to obtain and retain permanent employment. Combining these regulations
will be consistent with changes to the Department's budget, which has
combined these two regulations into one line item.
DATES: Submit comments on or before July 8, 2008.
ADDRESSES: Comments should be sent to Robert W. Middleton, PhD,
Director, Office of Indian Energy and Economic Development, either by
facsimile at (202) 208-4564, or by mail to 1951 Constitution Avenue,
NW., Mailstop 20-SIB, Washington, DC 20245 or via the Federal rule
making portal at http://www.regulations.gov. Follow the instructions
for submitting comments. Comments on the information collection burden,
including comments on or requests for copies of the [name of
application form], are separate from those on the substance of the
rule.
Send comments on the information collection burden to: Desk Officer
for the Department of the Interior Office of Management & Budget, e-
mail: [email protected], or (202) 395-6566 (fax). Please also
send a copy of your comments to BIA at one of the addresses shown
above.
FOR FURTHER INFORMATION CONTACT: You may request further information or
obtain copies of the proposed information collection request from Lynn
Forcia, Chief, Division of Workforce Development, telephone (202) 219-
5270 or Jody Garrison, Manpower Development Specialist, at (202) 208-
2685.
SUPPLEMENTARY INFORMATION:
I. Background
II. Statutory Authority
III. Procedural Requirements
A. Civil Justice Reform (Executive Order 12988)
B. Regulatory Planning and Review (Executive Order 12866)
C. Regulatory Flexibility Act
D. Takings (Executive Order 12630)
E. Federalism (Executive Order 13132)
[[Page 19180]]
F. National Environmental Policy Act
G. Unfunded Mandates Act of 1995
H. Paperwork Reduction Act of 1995
I. Consultation With Indian Tribes (Executive Order 13175)
J. Small Business Regulatory Enforcement Fairness Act (SBREFA)
K. Data Quality Act
L. Effects on the Energy Supply (E.O. 13211)
M. Clarity of This Regulation
N. Public Availability of Comments
III. Drafting Information
I. Background
The President's Regulatory Reform Initiative requires Federal
agencies to streamline the regulatory process, to remove obsolete
regulations, and to reduce the regulatory burden on the public. This
rule would consolidate requirements governing the Employment Assistance
Program and the Adult Vocational Training Program into one ``Job
Placement and Training Program.'' This revision is consistent with the
Department of the Interior's budget, which has integrated the two
programs, Adult Vocational Training and the Direct Employment programs,
into one comprehensive line item: The Job Placement and Training
Program. The revision of this regulation was previously recommended by
the Public Law 102-477 Tribal Work Group, tribes, and BIA program staff
and is part of the President's Regulatory Reform Initiative. The
purpose of the Department of the Interior's Job Placement and Training
Program is to enhance employment opportunities for eligible Indians and
to provide related services as necessary for them to gain full self-
sufficiency or non-subsidized employment. The program services are not
intended to duplicate or supplant other job placement or training
authorities, resources, or services, but are designed to complement and
supplement where there may be gaps in an individual self-sufficiency
plan. This program's emphasis will focus on individual self-sufficiency
through the implementation of a well-conceived plan that is designed to
improve the individual's standard of living. The program may be
administered through the Self-Determination or Self-Governance process,
Public Law 102-477 Tribal Plan authority, or other similar authorities.
We have developed the proposed draft regulations working with
tribal representatives. During our National Public Law 102-477
conference in Reno, Nevada held from October 30-November 1, 2007, the
proposed draft regulations and their effect on Job Placement and
Training were discussed. Three hundred twenty-eight individuals
attended the conference. The proposed regulations were also discussed
at the Annual Alaska Bureau Service Providers conference in November
2007. We received numerous comments throughout a previous informal
review process for more than the past five years. Some comments
recommended more clarity or consistency and more detail or additional
language in order to better clarify the Job Placement and Training
Program. We have attempted to incorporate these comments whenever
possible.
Publication of the proposed rule by the Department of the Interior
(Department) provides the public with an opportunity to participate in
the rule-making process. Interested persons may submit written comments
regarding the proposed rule to the location identified in the ADDRESSES
section of this document.
II. Statutory Authority
The authority to issue rules and regulations is vested in the
Secretary of the Interior by 5 U.S.C. 301 and Sections 463 and 465 of
the Revised Statutes, 25 U.S.C. 2 and 9.
III. Procedural Requirements
A. Civil Justice Reform (Executive Order 12988)
The Department has certified to the Office of Management and Budget
(OMB) that this proposed rule meets the applicable standards provided
in Sections 3(a) and 3(b)(2) of Executive Order 12988. Specifically,
this rule:
(a) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(b) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
B. Regulatory Planning and Review (Executive Order 12866)
This proposed rule is not a significant regulatory action and the
Office of Management and Budget has not reviewed this rule under
Executive Order 12866. We have made the assessments required by E.O.
12866 and the results are given below.
(a) This rule will not have an effect of $100 million or more on
the economy. Further, this rule will not adversely affect in a material
way the economy, productivity, competition, jobs, the environment,
public health or safety, or State, local, or tribal governments or
communities. This rule combines two programs into one, reflecting a
change to the Department's budget, which consolidated funding for the
two programs into one line item. The purpose of the program is to
assist eligible clients to obtain job skills and to find and retain a
job leading to self-sufficiency. Any effect on productivity,
competition, jobs, and tribal governments or communities will be
positive.
(b) This rule will not create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency. This rule
encourages coordination with other agency programs offering job
training and placement assistance. For example, the rule states that
the Bureau will consider other available resources, including those
offered by other agencies, in determining financial need; allows the
Bureau or tribal service provider to enter into agreements with
appropriate Federal, state, or local government agencies, among other
organizations, to provide facilities and services required for
vocational training programs; and encourages partnering with similar
programs and resources that may be offered by other agencies or
organizations.
(c) This rule does not alter the budgetary effects of entitlements,
grants, user fees, or loan programs or the rights or obligations of
their recipients. This rule does not alter any budgetary effects or the
rights or obligations of recipients to job placement and training
services; the rule merely consolidates programs to reflect
consolidation into one budget line item.
(d) This rule does not raise novel legal or policy issues. The
Bureau and tribal service providers have been providing the types of
services covered by this now consolidated rule and the legal and policy
basis for providing these services has been well established.
C. Regulatory Flexibility Act
This proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). This rule offers job training and placement
assistance to certain eligible individuals and will not affect small
entities.
D. Takings (Executive Order 12630)
The Department has determined that this proposed rule does not have
significant ``takings'' implications. The proposed rule does not
pertain to ``taking'' of private property interests, nor does it affect
private property.
E. Federalism (Executive Order 13132)
The Department has determined that this proposed rule does not have
[[Page 19181]]
significant federalism effects because it pertains solely to Federal-
tribal relations and will not interfere with the roles, rights and
responsibilities of states. Therefore, a Federalism Assessment is not
required.
F. National Environmental Policy Act
The Department has determined that this proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment and that no detailed statement is required
pursuant to the National Environmental Policy Act of 1969.
G. Unfunded Mandates Act of 1995
This proposed rule imposes no unfunded mandates on any governmental
or private entity and is in compliance with the provisions of the
Unfunded Mandates Act of 1995. Additionally, this rule does not have a
significant or unique effect on State, local or tribal governments or
the private sector. The rule addresses a program that offers assistance
to eligible individuals to obtain job skills and to find and retain a
job leading to self-sufficiency; it does not require any action or
service by any governmental or private entity. A statement containing
the information required by the Unfunded Mandates Reform Act (2 U.S.C.
1531 et seq.) is not required.
H. Paperwork Reduction Act of 1995
The information collection requirements contained in the proposed
regulations have been submitted to the Office of Management and Budget
(OMB) for reinstatement under 44 U.S.C. 3504(h). The agency may not
collect information and an individual need not respond if there is no
valid OMB clearance number identified on the form. Applications for
training assistance must be submitted on an application form obtained
from a local Bureau of Indian Affairs agency or a tribal contractor
office. This information is collected to determine whether an Indian
person is eligible to participate in the Employment Assistance program,
to determine the amount of assistance needed, to determine whether the
client is successful in completing the program, to determine whether
the training resulted in obtaining a job, and to determine if the
training resulted in an earnings gain. A response is required to obtain
a benefit. Preparation of the application is estimated to take 30
minutes at a cost of $10 per respondent.
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Number of Frequency of Total annual Burden hours Annual burden Cost of
CFR section respondents response responses per response hours responses
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26.5.............................................. 4,900 1 4,900 .50 2,450 $24,500
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Individuals desiring to submit comments on the information collection
requirement should direct them to the Office of Information and
Regulatory Affairs, e-mail: [email protected] or (202) 393-6566
(fax). Attention: Desk Office for the U.S. Department of the Interior.
The Department considers comments by the public on this proposed
collection of information in:
(a) Evaluating whether the proposed collection of information is
necessary for the proper performance of the functions of the
Department, including whether the information will have practical
utility;
(b) Evaluating the accuracy of the Department's estimate of the
burden of the proposed collection of information, including the
validity of the methodology and assumptions used;
(c) Enhancing the quality, usefulness, and clarity of the
information to be collected; and
(d) Minimizing the burden of the information collection on those
who are to respond, including using appropriate automated, electronic,
mechanical, or other collection techniques or other forms of
information technology.
I. Consultation With Indian Tribes (Executive Order 13175)
In accordance with Executive Order 13175, we have identified
potential effects on federally recognized Indian tribes that will
result from this rule. This rule will affect those tribes that provide
job placement and training programs by consolidating the two CFR parts
that had previously governed the assistance they provide. Accordingly:
(a) During the week of October 27, 2007 we met with tribes at the
National Public Law 102-477 Conference to discuss changes in the
regulations. We also discussed proposed changes during the Annual
Alaska Providers Service Conference in November 2007. The proposed
regulations have been a topic of discussion with tribes for more than
the past five years. The proposed changes were discussed at the annual
Adult Vocational Training Conference sponsored by Sinte Gleska College
for several years.
(b) We will fully consider tribal views in the final rule.
J. Small Business Regulatory Enforcement Fairness Act (SBREFA)
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more. This rule combines two programs into one, reflecting a change
to the Department's budget, which consolidated funding for the two
programs into one line item.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This rule will not affect costs or
prices because it relates only to a job training and assistance program
for eligible individuals.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. The
purpose of this rule's program is to assist eligible clients to obtain
job skills and to find and retain a job leading to self-sufficiency.
Any effect on competition, employment, investment, productivity,
innovation or the ability of U.S.-based enterprises to compete with
foreign-based enterprises will be positive, by providing more
individuals with needed skills and job experience.
K. Data Quality Act
In developing this rule we did not conduct or use a study,
experiment, or survey requiring peer review under the Data Quality Act
(Pub. L. 106-554).
L. Effects on the Energy Supply (E.O. 13211)
This rule is not a significant energy action under the definition
in Executive Order 13211. A Statement of Energy Effects is not
required.
M. Clarity of This Regulation
We are required by Executive Orders 12866 and 12988 and by the
Presidential Memorandum of June 1, 1998, to write all rules in plain
language. This means that each rule we publish must:
(a) Be logically organized;
[[Page 19182]]
(b) Use the active voice to address readers directly;
(c) Use clear language rather than jargon;
(d) Be divided into short sections and sentences; and
(e) Use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the ADDRESSES section. To
better help us revise the rule, your comments should be as specific as
possible. For example, you should tell us the numbers of the sections
or paragraphs that are unclearly written, which sections or sentences
are too long, the sections where you feel lists or tables would be
useful, etc.
N. Public Availability of Comments
Before including your address, phone number, e-mail address, or
other personal identifying information in your comment, you should be
aware that your entire comment--including your personal identifying
information--may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
III. Drafting Information
The primary author of this document is Lynn Forcia, Division of
Workforce Development.
List of Subjects in 25 CFR Parts 26 and 27
Employment, Grant programs--Indians, Indians--Adult education,
Indians--Vocational education, Manpower training programs--Occupational
training.
Dated: February 14, 2008.
Carl J. Artman,
Assistant Secretary--Indian Affairs.
For the reasons given in the preamble, under the authority of 5
U.S.C. 301 and sections 463 and 465 of the Revised Statutes, 25 U.S.C.
2 and 9, the Department of the Interior proposes to amend Part 26 and
Part 27 of Title 25, Chapter I of the Code of Federal Regulations as
set forth below.
Title 25--Indians
Chapter I--Bureau of Indian Affairs, Department of the Interior
1. Revise part 26 to read as follows:
PART 26--JOB PLACEMENT AND TRAINING PROGRAM
Subpart A--General Applicability
Sec.
26.1 What terms do I need to know?
26.2 Who authorizes this collection of information?
26.3 What is the purpose of the Job Placement and Training Program?
26.4 Who administers the Job Placement and Training Program?
26.5 Who may be eligible for Job Placement and Training?
26.6 Who is eligible to receive financial assistance?
26.7 How is financial need established?
26.8 Where do I go to apply for Job Placement and Training
assistance?
26.9 How do I apply for assistance?
26.10 When will I find out if I have been selected for Job Placement
and Training assistance?
26.11 What type of Job Placement and Training assistance may be
approved?
26.12 Who provides the Job Placement and Training?
26.13 How long may I be in training and how long can I receive other
assistance?
26.14 What or who is a service provider?
26.15 What makes an applicant eligible for Job Placement and
Training services?
26.16 If I am awarded financial assistance, how much will I receive?
26.17 Can more than one family member be financially assisted at the
same time?
26.18 What kind of supportive services are available?
26.19 Will I be required to contribute financially to my employment
and training goals?
26.20 Can I be required to return portions of my grant?
26.21 Can this program be combined with other similar programs for
maximum benefit?
26.22 May we integrate Job Placement and Training funds into our
Public Law 102-477 Plan?
26.23 What is an Individual Self-Sufficiency Plan (ISP)?
Subpart B--Job Placement Services
26.24 What is the scope of the Job Placement Program?
26.25 What constitutes a complete Job Placement Program application?
26.26 What job placement services may I receive?
26.27 What kind of job placement support services can I expect?
26.28 What follow-up services are available after I become employed?
Subpart C--Training Services
26.29 What is the scope of the Job Training Program?
26.30 Does the Job Training Program provide part-time training or
short-term training?
26.31 May I repeat my job training?
26.32 What constitutes a complete Job Training Program application?
26.33 How do I show that I need job training?
26.34 What type of job training assistance may be approved?
26.35 What kind of support services are available to me?
26.36 What follow-up service is available after I complete training?
26.37 Are there training standards that I must follow?
Subpart D--Appeal by an Applicant
26.38 May I appeal a decision about my application?
Authority: 25 U.S.C. 13; Sec. 1, Pub. L. 84-959, 70 Stat. 966 as
amended by Pub. L. 88-230, 77 Stat. 471 (25 U.S.C. 309).
Subpart A--General Applicability
Sec. 26.1 What terms do I need to know?
As used in this part:
Bureau means the Bureau of Indian Affairs (BIA).
Department means the Department of the Interior.
Gainful Employment means work resulting in self-sufficiency.
Indian means any person who is a member of a federally-recognized
tribe, including Alaska Natives.
Individual Self-Sufficiency Plan (ISP) means a written plan
designed to meet the goal of employment through specific actions that
meet the needs of the individual. The plan is jointly developed and is
signed by both the client and the servicing office. The ISP addresses
the client's barriers to employment and a plan of action to address
barriers.
Must means a mandatory act or requirement.
On or Near Reservation means those areas or communities adjacent or
contiguous to reservations, or service areas where Job Training and
Placement programs are provided upon approval of the Assistant
Secretary--Indian Affairs or his designated representative.
On-the-Job-Training (OJT) means a written agreement for an employer
to provide training to a participant who engages in productive work
that provides knowledge or skills essential to the full and adequate
performance of the job. The employer receives reimbursement from the
Job Training Program for the wage rate of the participant. OJT may last
as long as needed to meet the goal(s) in the participant's ISP.
Permanent Employment means a year-round job or one that re-occurs
seasonally, lasting at least 90 days per work season.
Service Area means a location agreed to by the tribe with the
Bureau to provide Job Training and Placement Services.
Servicing Office means the Bureau office or the office of the
tribal service provider that administers the Job Training and Placement
Program.
Tribal Governing Body means the recognized entity empowered to
exercise governmental authority over a federally recognized tribe.
[[Page 19183]]
Tribal Service Provider means a tribe or tribal organization that
administers the Job Training and Placement Program pursuant to Public
Law 93-638 or Public Law 102-477.
Tribe means any tribal entity listed in the Federal Register notice
that the Secretary of the Interior publishes under Public Law 103-454,
108 Stat. 4791.
Underemployed means an individual who is working but whose income
is insufficient to meet essential needs.
Unemployed means an individual who is not currently working or
employed.
Unmet need means the difference between available resources and the
cost associated with finding gainful employment.
Vocational Training means technical training that leads to
permanent and gainful employment.
We, us or our means the Secretary of the Interior, or an official
in the Office of the Assistant Secretary--Indian Affairs, or an
official in the Bureau of Indian Affairs to whom the Secretary has
delegated authority.
Sec. 26.2 Who authorizes this collection of information?
The information collection requirement contained in Sec. 26.9 has
been approved by the Office of Management and Budget under the
Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), and assigned
clearance number OMB 1076-0062. This information is collected to
determine whether an Indian person is eligible to participate in the
Job Placement and Training Program and to determine the amount of
assistance needed.
Sec. 26.3 What is the purpose of the Job Placement and Training
Program?
The purpose of the Job Placement and Training Program is to assist
eligible clients to obtain job skills and to find and retain a job
leading to self-sufficiency.
Sec. 26.4 Who administers the Job Placement and Training Program?
The Job Placement and Training Program is administered by the
Bureau of Indian Affairs or a tribal service provider. Tribes are
encouraged to provide services directly to Indians by either entering
into a Public Law 93-638 contract with the Bureau or a compact with the
Office of Self-Governance. Tribes may also consolidate Job Placement
and Training Program funds in accordance with the provisions of the
Indian Employment, Training, and Related Services Demonstration Act of
1992, Public Law 102-477.
Sec. 26.5 Who may be eligible for Job Placement and Training?
You may apply for assistance for employment or training if all of
the following criteria are met:
(a) You meet the definition of Indian in Sec. 26.1; and
(b) You are residing on or near an Indian reservation or in a
service area; and
(c) You are unemployed or underemployed or need and can benefit
from employment assistance as determined by your servicing office; and
(d) You complete an ISP.
Sec. 26.6 Who is eligible to receive financial assistance?
Financial assistance is only available to persons:
(a) Approved for training that will lead to permanent, gainful and
meaningful employment; or
(b) Who have obtained a job and need financial assistance to retain
the job, as determined by the servicing office.
Sec. 26.7 How is financial need established?
You must show that current income and other available resources are
not sufficient to meet employment or training goals.
Sec. 26.8 Where do I go to apply for Job Placement and Training
assistance?
You may apply for Job Placement and Training assistance at the
servicing office nearest to your current residence.
Sec. 26.9 How do I apply for assistance?
(a) You should contact the BIA office or the tribal service
provider which is nearest to your current residence to get an
application form; and
(b) You must complete the application process as established by
your servicing office; and
(c) You must complete and sign an ISP.
Sec. 26.10 When will I find out if I have been selected for Job
Placement and Training assistance?
(a) Your servicing office will notify you in writing within 30
calendar days once it receives a completed job training application
request; or
(b) Your servicing office will notify you within five business days
once it has received a completed Job Placement application and written
job offer.
Sec. 26.11 What type of Job Placement and Training assistance may be
approved?
Services provided may include funding for employment, training or
supplemental assistance that supports job placement or training
activities (see subpart B of this part for Job Placement or subpart C
of this part for Training Services).
Sec. 26.12 Who provides the Job Placement and Training?
The Bureau or a tribal service provider may enter into contracts or
agreements to provide facilities and services required for vocational
training programs with:
(a) Indian tribal governing bodies. Training programs not operated
by the tribe may be approved by the tribal service provider.
(b) Appropriate Federal, state, or local government agencies;
(c) Public or private schools with a recognized reputation in
vocational education and successfully obtaining employment for
graduates;
(d) Education firms that operate residential training centers; and
(e) Corporations and associations or small business establishments
with apprenticeship or on-the-job training programs leading to a
skilled employment.
Sec. 26.13 How long may I be in training and how long can I receive
other assistance?
(a) Your training at any approved institution, apprenticeship, and/
or on-the-job training must not exceed 24 months (see Sec. 26.18 for
full-time definition) of full-time actual training hours.
(b) Registered nurse training must not exceed 36 months of full
actual training hours.
(c) You may receive other financial assistance under this program
determined by your ISP that you have developed with your tribal service
provider.
Sec. 26.14 What or who is a service provider?
A service provider is an administrative unit of a BIA Regional
Office, a BIA Agency Office, a BIA Field Office, a Tribal contracted
office, or Alaska Native Federally Recognized Tribe, or a tribal
organization, that provides grants to help offset the cost of
vocational or technical training (at approved places), or immediate job
placement services. To the extent resources will allow, other kinds of
support service may also be available.
Sec. 26.15 What makes an applicant eligible for Job Placement and
Training services?
A person is eligible for services if the applicant meets the
definition of an American Indian or Alaska Native, who can demonstrate
an unmet need and show a need for job training or placement services in
order to become gainfully and meaningfully employed. Someone who is
skilled, but needs financial assistance to get to a job, and one who
shows an aptitude and potential to benefit from this service is also
eligible for services.
[[Page 19184]]
Sec. 26.16 If I am awarded financial assistance, how much will I
receive?
(a) The amount of financial assistance you receive depends on your
unmet needs. If applicable, you should apply for:
(1) A Pell Grant if your training institution offers this grant.
(2) Other education grants or loans for which you may qualify.
(b) The Bureau or tribal service provider will award financial
assistance up to the level of your unmet need to the extent resources
are available. It is possible that the combination of available
financial assistance will not equal your financial need.
Sec. 26.17 Can more than one family member be financially assisted at
the same time?
Yes, more than one family member can be assisted, providing that
each applicant is eligible.
Sec. 26.18 What kinds of supportive services are available?
The BIA or tribal service provider may provide, but is not limited
to, the following:
(a) Assistance in completing an application form and supporting
documents.
(b) A description of the Job Placement and Training Program and
related services.
(c) An assessment of eligibility.
(d) An assessment of need for employment services (or a combination
of training and employment services).
(e) The creation of an ISP (which may include training and other
support services).
(f) Counseling services that address cultural differences and
strengthen probability of client success.
(g) Referral to other appropriate services.
(h) Youth work experience.
(i) Tools for employment.
(j) Initial union dues.
(k) Transportation of household effects.
(l) Security and safety deposits.
(m) Items to improve personal appearance such as professional work
clothing.
(n) Housewares such as bedding and appliances.
(o) Childcare.
Sec. 26.19 Will I be required to contribute financially to my
employment and training goals?
Yes, Job Placement and Training Program clients are required to
seek other funding, including the use of personal resources as a
condition of their ISP.
Sec. 26.20 Can I be required to return portions of my grant?
Yes, grants are awarded for a specific purpose as described in the
applicant's ISP. If the funds cannot be spent according to the ISP, the
unused portion must be immediately returned to the service provider's
job placement and training budget.
Sec. 26.21 Can this program be combined with other similar programs
for maximum benefit?
Yes, combining this program with other programs is encouraged, to
the extent that laws governing program services permit partnering with
similar programs and resources.
Sec. 26.22 May we integrate Job Placement and Training funds into our
Public Law 102-477 Plan?
Yes, tribes may integrate Job Placement and Training Program funds
into their Public Law 102-477 Plan.
Sec. 26.23 What is an Individual Self-Sufficiency Plan (ISP)?
(a) An ISP is a document that:
(1) Spells out the details necessary for a client to assume a
meaningful job (usually within a short period);
(2) Supplements the application process and includes needed
finances, special clothing, transportation, and support services
necessary for employment;
(3) Identifies all financial resources and defines the employment
or training objective and activities planned to reach the objective;
(4) Outlines how the applicant will participate in job placement,
where resources will allow.
(b) The employer's job information and offer should be attached to
the ISP, which becomes a part of the application (and supporting
documents).
(c) The ISP must indicate that the services received will meet the
individual's and tribal goals.
Subpart B--Job Placement Services
Sec. 26.24 What is the scope of the Job Placement Program?
The Job Placement Program assists Indian people who have job skills
to obtain and retain gainful employment toward self-sufficiency.
Sec. 26.25 What constitutes a complete Job Placement Program
application?
(a) An application form signed by the applicant and servicing
office representative.
(b) An ISP, including a list of goods and services needed to get
the applicant to the job, signed by the applicant and servicing
representative.
(c) An accepted official document that shows the formal
relationship between the applicant and a federally-recognized tribe
and/or a document that shows an applicant's eligibility for services.
(d) A statement by the service provider that the applicant has been
declared eligible for services.
(e) A financial statement that reflects the applicants' unmet need.
(f) An employer certification that the applicant has been hired.
The certification shall include, at a minimum: job title, beginning
date, beginning wage, date first full paycheck will be issued, and
expected duration of the job.
Sec. 26.26 What Job Placement services may I receive?
As determined by the service provider, you may receive any of the
following services such as transportation to work for a limited period,
funds to finalize your job resume, and job placement assistance.
Sec. 26.27 What kind of Job Placement support services can I expect?
Service office representatives will make the determination of what
support services are necessary and to be funded. Examples of job
placement support services include, but are not limited to, resume
preparation, interview techniques, job retention, and related
resourceful living skills.
Sec. 26.28 What follow-up services are available after I become
employed?
As determined by the service provider, the following type of
services may be available to you: temporary housing, transportation to
work for a limited period of time, work clothing, and childcare.
Subpart C--Training services
Sec. 26.29 What is the scope of the Job Training Program?
A service provider may offer career counseling, recommend training
institutions that properly prepare applicants for entry into their
career field, and help prepare applicants for gainful employment to the
extent program funding will allow and based on applicants' established
need.
Sec. 26.30 Does the Job Training Program provide part-time training
or short-term training?
Yes, part-time and short-term training are allowable provided the
training assists individuals to develop skills necessary to acquire
gainful employment, in accordance with the ISP, and depending upon
availability of resources. Part-time means no less than
[[Page 19185]]
six credit units per semester (based on a nine-month school year).
Sec. 26.31 May I repeat my training?
Eligibility for repeat training and other financial assistance will
be determined by your tribal service provider.
Sec. 26.32 What constitutes a complete Job Training Program
application?
A request for training includes:
(a) Completed application form,
(b) ISP,
(c) Tribal affiliation document,
(d) Selective Service registration,
(e) Letter of acceptance from school,
(f) Statement of financial need, and
(g) Statement of eligibility.
Sec. 26.33 How do I show I need job training?
The need for Job Placement and Training is shown by completing an
application for training and demonstrating financial need.
Sec. 26.34 What type of training assistance may be approved?
The following types of training that lead to gainful employment may
be approved:
(a) Nationally accredited vocational training,
(b) Training and non-accredited vocational courses provided by a
tribe,
(c) Training programs not operated by the tribe but approved by the
service provider,
(d) Apprenticeship training supervised by a state apprenticeship
agency or council or by the Federal Apprenticeship Training Service
that is provided by a corporation or association that has been training
bona fide apprentices for at least one year or any other apprenticeship
program approved by the service provider, or
(e) On-the-job training offered by a public or private business
that provides technical training.
Sec. 26.35 What kind of support services are available to me?
As determined by the service provider, training support services
include, but are not limited to, stipends, public transportation, and
childcare.
Sec. 26.36 What follow-up service is available after I complete
training?
Job Placement assistance may follow training.
Sec. 26.37 Are there training standards that I must follow?
Yes, students must maintain the minimum academic requirements and
be in good standing as set forth by the training institute. If an
applicant is separated from training for good cause, the applicant may
be responsible for repaying any portion of misused funds.
Subpart D--Appeal by an Applicant
Sec. 26.38 May I appeal a decision about my application?
If the servicing agency denies your application you may appeal
under 25 CFR Part 2 by sending your appeal to your service provider.
You will be provided with the information on how to appeal the decision
in the decision letter.
PART 27--[REMOVED]
2. Remove part 27.
[FR Doc. E8-7304 Filed 4-8-08; 8:45 am]
BILLING CODE 4310-4M-P