Implementation of PL.477 Amendment Programs Eligible for Inclusion
PL.477 Amendment Programs aim to integrate various government department initiatives to enhance job training, welfare-to-work programs, and economic development for Indian tribes. Funding is allocated based on specific criteria to support tribal workforce success and self-sufficiency.
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PL 477 Amendment Implementation Steve Osborne & Geoff Strommer Hobbs, Straus, Dean & Walker, LLP HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 1
Implementation of PL 477 Amendment Programs Eligible for Inclusion Description PL 477 Section Programs that may be integrated are those operated by the Departments of the: Interior; Health and Human Services; Education; Labor; Justice; Agriculture; Commerce; Energy; Homeland Security; Housing and Urban Development; Transportation; or 25 U.S.C. 3404(b) Characteristic 1: Agency HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK Veterans Affairs. 2
Implementation of PL 477 Amendment Programs Eligible for Inclusion Description Characteristic 2: Purpose any of the following: job training ; welfare to work and tribal work experience ; creating or enhancing employment opportunities ; skill development ; assisting Indian youth and adults to succeed in the workforce ; encouraging self-sufficiency ; familiarizing individual participants with the world of work ; facilitating the creation of job opportunities ; economic development ; or any services related to the above listed activities. PL 477 Section 25 U.S.C. 3404(a)(1)(A) The program should be implemented for the purpose of HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 3
Implementation of PL 477 Amendment Programs Eligible for Inclusion Description PL 477 Section 25 U.S.C. 3404(a)(1)(B), (a)(2) Characteristic 3: Funding The program s funding should be granted on one of the following grounds: an Indian tribe or members of Indian tribes are eligible to receive funds under a statutory or administrative formula making funds available to an Indian tribe ; an Indian tribe or members of Indian tribes are eligible to receive funds based solely or in part on their status as Indians under Federal law ; an Indian tribe or members of Indian tribes have secured funds as a result of a noncompetitive process or a specific designation ; or the program is funded by a block grant provided to HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK an Indian tribe. 4
Implementation of PL 477 Amendment Process Submission Actor Action Submission of Program/Grant Request a specific program. Decision on Program/Grant Request identified in PL 477 plan grant funding. Submission of PL 477 Plan organization that satisfies the specific statutory requirements that PL 477 lays out. Timeframe PL 477 Section Tribe or tribal organization Apply to a particular agency to receive specific funding through Other agencies overseeing programs Decide whether to approve a tribe s request for a program or 25 U.S.C. 3405 Tribe or tribal Submit a PL 477 plan to DOI The specific statutory requirements include, among other things, that the PL 477 plan is consistent with the purposes of PL 477. The submission should also identify programs to be integrated and waivers the tribe believes are necessary for implementation. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 5
Implementation of PL 477 Amendment Process Review Actor Action Receipt of PL 477 Plan DOI Receive the submission from the tribe. Timeframe PL 477 Section 25 U.S.C. 3406(a) 25 U.S.C. 3406(a) Consult Other agencies overseeing programs identified in PL 477 plan Consult with DOI. Tribe or tribal organization DOI Waivers (if any) See Separate Table on Waiver Process. See Separate Table on Waiver Process. See Separate Table on Waiver Process. Other agencies overseeing programs identified in PL 477 plan Tribe or tribal HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK organization 6
Implementation of PL 477 Amendment Process Approval Actor Action Consideration and Decision under its exclusive authority. Timeframe Not later than 90 days after receipt of the PL 477 plan. Otherwise the submission is considered approved. PL 477 Section 25 U.S.C. 3407 DOI Approve or deny the PL 477 plan If the PL 477 plan is denied: provide the tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates, or that is supported by a controlling legal authority, that the plan does not meet the specific statutory requirements of a PL 477 plan submission; provide assistance to the tribe to overcome the stated objections; and provide notice of the right to appeal. However, DOI can extend this period for not more than 90 additional days with the tribe s consent. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 7
Implementation of PL 477 Amendment Process Implementation Actor Action Implementation of Approved PL 477 Plan and funds and to coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal PL 477 plan. Timeframe PL 477 Section 25 U.S.C. 3403 DOI Authorize the tribe to integrate the programs See also 25 U.S.C. 3404(b) Note that certain job creation activities and employer training placements may be operated under a PL 477 plan. 25 U.S.C. 3408, 3409 Funding Other agencies overseeing programs identified in PL 477 plan Transfer funds appropriated for programs integrated into a PL 477 plan to DOI. Not later than 30 days after the date of apportionment. 25 U.S.C. 3412(a) DOI Transfer funds to tribes. Not later than 45 days after receipt from the agency. 25 U.S.C. 3410(a), 3412(b) DOI Administration 25 U.S.C. 3410, 3413 Review tribes annual reports and administer PL 477 plans. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 8
Implementation of PL 477 Amendment Process Waiver Actor Action Waiver Identification DOI Identify and/or request the waivers of applicable statutory, regulatory, or administrative requirements, regulations, policies, or procedures necessary to enable efficient implementation of the PL 477 plan. Timeframe PL 477 Section 25 U.S.C. 3406(b), (c) Other agencies overseeing programs identified in PL 477 plan Tribe or tribal organization Other agencies overseeing programs identified in PL 477 plan Waive the identified statutory, regulatory, or administrative requirements, regulations, policies, or procedures unless the agency determines waiver is inconsistent with the purposes of PL 477 or the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians. Not later than 90 days after receipt of the waiver request. Otherwise the request is considered granted. 25 U.S.C. 3406(d), (e) Waiver Decision If the waiver request is denied, the agency must provide the tribe and DOI written notice of the denial and the reasons for the denial. For a denial, written notice must be provided not later than 30 days after the date of the denial. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 9
Implementation of PL 477 Amendment Process Waiver Actor Action Partial Approval of PL 477 Plan partial approval of the portions of the PL 477 plan not affected by the waiver. Review of Waiver Denial determine whether granting the waiver would be inconsistent with the provision of PL 477 or would prevent the agency from fulfilling its obligations under PL 477. Establish Interagency Dispute Resolution for Waiver Denial the provision of PL 477 or prevent the agency from fulfilling its obligations under PL 477, establish an interagency dispute resolution process that includes DOI, the tribe, and the agency. Timeframe PL 477 Section 25 U.S.C. 3407(b) DOI Upon request of the tribe, grant DOI Not later than 30 days after the waiver denial. 25 U.S.C. 3406(f) Review the agency s denial to DOI If DOI determines that waiver would not be inconsistent with Not later than 30 days after it is determined waiver would not be inconsistent with the provision of PL 477 or prevent the agency from fulfilling its obligations under PL 477. 25 U.S.C. 3406(g) HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 10
Implementation of PL 477 Amendment Process Waiver Actor Action Utilize Interagency Dispute Resolution Other agencies overseeing programs identified in PL 477 plan Timeframe The dispute must be resolved within 30 days of the process being initiated. PL 477 Section 25 U.S.C. 3406(g) DOI Use the dispute resolution process to resolve the dispute. Tribe or tribal organization Other agencies overseeing programs identified in PL 477 plan 25 U.S.C. 3406(h) If the dispute resolution process fails, the agency has final authority to resolve the dispute. Final Decision on Waiver Denial DOI 25 U.S.C. 3406(i) Provide the tribe with the final decision on the waiver and notice of the right to appeal. Not later than 10 days after the dispute is resolved. Notice of Final Decision on Waiver Denial DOI 25 U.S.C. 3407(b) Upon request of the tribe, approve or amend the PL 477 plan after the waiver request has been resolved. Not later than 90 days after receipt of the request. Full Approval of PL 477 Plan HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 11
Implementation of PL 477 Amendment Process Appeal Actor Action Timeframe PL 477 Section 25 U.S.C. 3407(d) Tribe or tribal organization Upon receipt of a disapproval of all or part of a PL 477 plan from DOI or receipt of a waiver denial from an agency overseeing a program identified in a PL 477 plan, request an administrative hearing or initiate a civil action. Hearing or Appeal HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 12
Implementation of PL 477 Amendment Memorandum of Agreement Agencies included in amended PL 477 have statutory deadline of one year from enactment to develop and enter into interdepartmental Memorandum of Agreement on implementation of new PL 477 legislation. MOA must be completed by December 18, 2018. Amendment requires Secretary of Interior through Bureau of Indian Affairs Director to take lead. DOI heading up drafting efforts and has been working with PL 477 Tribal Workgroup. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 13
Importance of PL 477 PL 477 program allows tribes to combine federal funds made available for employment, training, or related services from varied sources into one single plan with one single budget and reporting system. Creates more flexibility for tribes in deciding how to spend these federal funds so they can design more successful programs based on unique needs of each tribe s community members. Allows tribes to streamline administrative processes, including program applications and federal reporting, thereby lowering administrative costs and making more funds available for direct services. Provides room for more robust exercise of tribal sovereignty. Concept could eventually expand beyond employment and training. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 14
Questions? Steve Osborne: sosborne@hobbsstraus.com Geoff Strommer: gstrommer@hobbsstraus.com Both can be reached at 503-242-1745 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 15
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