[Code of Federal Regulations]
[Title 20, Volume 3]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 20CFR632.35]

[Page 288-289]
 
                      TITLE 20--EMPLOYEES' BENEFITS
 
 CHAPTER V--EMPLOYMENT AND TRAINING ADMINISTRATION, DEPARTMENT OF LABOR
 
PART 632--INDIAN AND NATIVE AMERICAN EMPLOYMENT AND TRAINING PROGRAMS--Table of Contents
 
           Subpart D--Administrative Standards and Procedures
 
Sec. 632.35  Native American grantee contracts and subgrants.

    (a) Contracts may be entered into between the Native American 
grantee and any party, public or private, for purposes set forth in the 
JTPA.
    (b) Subgrants may be entered into between the Native American 
grantee and units of State and local general government, Indian tribal 
government, public agencies or nonprofit organizations.
    (c) The Native American grantee is responsible for the development, 
approval and operation of all contracts and subgrants and shall require 
that its contractors and subgrantees adhere to the requirements of the 
Act, the regulations under the Act, and other applicable law. It shall 
also require contractors and subgrantees to maintain effective control 
and accountability over all funds, property and other assets covered by 
the contract or subgrant.

[[Page 289]]

    (d) Each Native American grantee shall take action against its 
contractors and subgrantees to prevent or eliminate violations of the 
regulations, and to prevent misuse of JTPA funds.
    (e) Subgrantees are entitled to funding for administrative costs. 
The amount of such funding will be determined during the development of 
subgrants subject to the overall administrative costs of the grant.
    (f) If a contract or subgrant is cancelled in whole or in part, the 
Native American grantee shall develop procedures for ensuring continuity 
of service to affected participants to the extent feasible.
    (g) The Native American grantee may enter into contracts or 
subgrants which extend past the expiration date of the CAP but such 
extension shall not exceed 6 months. In such cases, the grantee shall 
continue to be responsible for the administration of such contracts and 
subgrants.
    (h) To the extent feasible, Native American Indian grantees shall 
give preference in the award of contracts and subgrants to Indian 
organizations and to Indian-owned economic enterprises as defined in 
section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). Any 
contract or subgrant made by a Native American grantee shall require 
that, to the greatest extent feasible, preference and opportunities for 
training and employment in connection with such contract or subgrant 
shall be given to qualified Indians regardless of age, religion or sex 
and that the contractor or subgrantee shall comply with any Indian 
preference requirements established by the Native American grantee. All 
grantees, subgrantees and contractors shall include the requirements of 
this paragraph in all subcontracts and subgrants made by them (sec. 7(b) 
of the Indian Self-Determination and Education Assistance Act, Public 
Law 93-638 (25 U.S.C. 450 et seq)).
    (i) The Native American grantee shall ensure that contractors and 
subgrantees maintain and make available for review by the grantee and 
the Department of Labor all records pertaining to the operations of 
programs under such contracts and subgrants consistent with the 
maintenance and retention of record requirements in 41 CFR parts 29-70.