29 USC 3221 - Native American programs

U.S Code last checked for updates: Apr 28, 2024

§ 3221.

Native American programs

(a)

Purpose

(1)

In general

The purpose of this section is to support employment and training activities for Indian, Alaska Native, and Native Hawaiian individuals in order—

(A)

to develop more fully the academic, occupational, and literacy skills of such individuals;

(B)

to make such individuals more competitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment; and

(C)

to promote the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the goals and values of such communities.

(2)

Indian policy

(b)

Definitions

As used in this section:

(1)

Alaska Native

(2)

Indian, Indian tribe, and tribal organization

(3)

Native Hawaiian and Native Hawaiian organization

(c)

Program authorized

(d)

Authorized activities

(1)

In general

Funds made available under subsection (c) shall be used to carry out the activities described in paragraph (2) that—

(A)

are consistent with this section; and

(B)

are necessary to meet the needs of Indians, Alaska Natives, or Native Hawaiians preparing to enter, reenter, or retain unsubsidized employment leading to self-sufficiency.

(2)

Workforce development activities and supplemental services

(A)

In general

Funds made available under subsection (c) shall be used for—

(i)

comprehensive workforce development activities for Indians, Alaska Natives, or Native Hawaiians, including training on entrepreneurial skills; or

(ii)

supplemental services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian reservations and in Oklahoma, Alaska, or Hawaii.

(B)

Special rule

(e)

Program plan

In order to receive a grant or enter into a contract or cooperative agreement under this section, an entity described in subsection (c) shall submit to the Secretary a program plan that describes a 4-year strategy for meeting the needs of Indian, Alaska Native, or Native Hawaiian individuals, as appropriate, in the area served by such entity. Such plan shall—

(1)

be consistent with the purpose of this section;

(2)

identify the population to be served;

(3)

identify the education and employment needs of the population to be served and the manner in which the activities to be provided will strengthen the ability of the individuals served to obtain or retain unsubsidized employment leading to self-sufficiency;

(4)

describe the activities to be provided and the manner in which such activities are to be integrated with other appropriate activities; and

(5)

describe, after the entity submitting the plan consults with the Secretary, the performance accountability measures to be used to assess the performance of entities in carrying out the activities assisted under this section, which shall include the primary indicators of performance described in section 3141(b)(2)(A) of this title and expected levels of performance for such indicators, in accordance with subsection (h).

(f)

Consolidation of funds

(g)

Nonduplicative and nonexclusive services

Nothing in this section shall be construed—

(1)

to limit the eligibility of any entity described in subsection (c) to participate in any activity offered by a State or local entity under this Act; or

(2)

to preclude or discourage any agreement, between any entity described in subsection (c) and any State or local entity, to facilitate the provision of services by such entity or to the population served by such entity.

(h)

Performance accountability measures

(1)

Additional performance indicators and standards

(A)

Development of indicators and standards

(B)

Special considerations

Such performance indicators and standards shall take into account—

(i)

the purpose of this section as described in subsection (a)(1);

(ii)

the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and

(iii)

the economic circumstances of the communities served, including differences in circumstances among various geographic service areas.

(2)

Agreement on adjusted levels of performance

(i)

Administrative provisions

(1)

Organizational unit established

(2)

Regulations

The Secretary shall consult with the entities described in subsection (c) in—

(A)

establishing regulations to carry out this section, including regulations relating to the performance accountability measures for entities receiving assistance under this section; and

(B)

developing a funding distribution plan that takes into consideration previous levels of funding (prior to July 22, 2014) to such entities.

(3)

Waivers

(A)

In general

(B)

Request and approval

(4)

Advisory Council

(A)

In general

(B)

Composition

(C)

Duties

(D)

Personnel matters

(i)

Compensation of members

(ii)

Travel expenses

(iii)

Administrative support

(E)

Chairperson

(F)

Meetings

(G)

Application

(5)

Technical assistance

(6)

Agreement for certain federally recognized Indian tribes to transfer funds to the program

(j)

Compliance with single audit requirements; related requirement

(k)

Assistance to unique populations in Alaska and Hawaii

(1)

In general

(2)

Authorization of appropriations

There are authorized to be appropriated to carry out this subsection—

(A)

$461,000 for fiscal year 2015;

(B)

$497,000 for fiscal year 2016;

(C)

$507,000 for fiscal year 2017;

(D)

$518,000 for fiscal year 2018;

(E)

$530,000 for fiscal year 2019; and

(F)

$542,000 for fiscal year 2020.

(Pub. L. 113–128, title I, § 166, July 22, 2014, 128 Stat. 1560; Pub. L. 114–95, title IX, § 9215(yyy)(4), Dec. 10, 2015, 129 Stat. 2192; Pub. L. 117–286, § 4(a)(192), Dec. 27, 2022, 136 Stat. 4327.)

cite as: 29 USC 3221