25 U.S.C. § 3410 — Federal responsibilities
submitted 34 years ago by Pub. L. 102-477 to r/title-25-INDIANS · 632 words · no verdicts yet
The Bureau of Indian Affairs is the lead agency for this chapter. It must coordinate reports, assistance, oversight, fund distribution, waivers, dispute resolution, and a unified reporting system without requiring source-by-source expenditure reporting.
(a)(1) The Bureau of Indian Affairs is the lead agency responsible for implementing this chapter. (2) Its Director must develop a model report with each agency overseeing a plan program*; provide voluntary and technical help directly or by contract; create one monitoring and oversight system; receive all plan funds and distribute them to the tribes within 45 days after receiving them from the responsible department or agency; carry out the waiver activities in section 3406; and establish an interagency dispute process. (3) Within one year after December 18, 2017, the Secretary*, through the Director and together with the listed Cabinet Secretaries and Attorney General, must enter an interdepartmental agreement implementing this chapter. The agreement must provide for an annual meeting co-chaired by a presidential representative and a participating-tribe* representative; an annual review of achievements, including the number and percentage of participants in unsubsidized jobs in the second quarter after leaving the program and obstacles to efficient implementation; and a forum to identify and resolve conflicts among agencies or between the Government and Tribes. (b)(1) The lead agency must create and distribute one report format for tribes with approved plans. (2) With each tribe’s records, it must contain enough information to determine compliance with the plan, determine the number and percentage employed without subsidies in the second quarter after exit, and assure each responsible agency that directly applicable unwaived legal and regulatory requirements were met. (3) It may not require reporting by funding source or single-agency code; it must require one report on consolidated-plan spending.
Notwithstanding any other provision of law, the lead agency responsible for implementation of this chapter shall be the Bureau of Indian Affairs.
The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this chapter shall include—
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;
the provision, directly or through contract, of appropriate voluntary and technical assistance to participating Indian tribes;
the development and use of a single monitoring and oversight system for plans approved under this chapter;
the receipt of all funds covered by a plan approved under this chapter; and
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
the performance of activities described in section 3406 of this title relating to agency waivers; and
the establishment of an interagency dispute resolution process.
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.
The memorandum of agreement under subparagraph (A) shall include provisions relating to—
an annual meeting of participating Indian tribes and Federal departments and agencies, to be co-chaired by—
a representative of the President; and
a representative of the participating Indian tribes;
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
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.
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.
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—
to determine whether the Indian tribe has complied with the requirements of the approved plan of the Indian tribe;
to determine the number and percentage of program participants in unsubsidized employment during the second quarter after exit from the program; and
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.
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.
Source credit: (Pub. L. 102–477, § 11, Oct. 23, 1992, 106 Stat. 2304; Pub. L. 115–93, § 11, Dec. 18, 2017, 131 Stat. 2032.)
- 1992Enacted · Pub. L. 102-477 · 106 Stat. 2304
- 2017Amended · Pub. L. 115-93 · 131 Stat. 2032
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-477 on 1992-10-23.
all 0 arguments · sorted by: best
no arguments yet — make the first case