Job Placement and Training, 19179-19185 [E8-7304]
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Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules
development, or other applications.
DEA seeks both quantitative and
qualitative data.
Handling of Confidential or Proprietary
Information
Confidential or proprietary
information may be submitted as part of
a comment regarding this Notice of
Proposed Rulemaking. Please see the
‘‘POSTING OF PUBLIC COMMENTS’’
section above for a discussion of the
identification and redaction of
confidential business information and
personally identifying information.
Regulatory Certifications
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Regulatory Flexibility and Small
Business Concerns
The Regulatory Flexibility Act (5
U.S.C. 601–612) requires agencies to
determine whether a proposed rule will
have a significant economic impact on
a substantial number of small entities. If
an agency finds that there is a
significant economic impact on a
substantial number of small entities, the
agency must consider whether
alternative approaches could mitigate
the impact on small entities. The size
criteria for small entities are defined by
the Small Business Administration
(SBA) in 13 CFR 121.201.
DEA has not identified any legitimate
industrial use for ANPP, other than its
role as an intermediary chemical in the
production of fentanyl by the
pharmaceutical industry. DEA has not
identified any firms that import, export,
or distribute ANPP. If ANPP is used
only to manufacture fentanyl, the
potential regulation of ANPP as an
immediate precursor will not represent
a new, major regulatory burden, because
fentanyl manufacturers have already
implemented the CSA requirements for
the handling of schedule II substances.
Consequently, DEA believes the
proposed rule will not have a significant
economic impact on a substantial
number of small entities. However, DEA
is nonetheless seeking comment on
whether there are uses for ANPP not
known to DEA that could be impaired
by this proposed rule and result in a
significant economic impact on a
substantial number of small entities.
Executive Order 12988
This regulation meets the applicable
standards set forth in sections 3(a) and
3(b)(2) of Executive Order 12988 Civil
Justice Reform.
Executive Order 13132
This rulemaking does not preempt or
modify any provision of state law; nor
does it impose enforcement
responsibilities on any state; nor does it
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diminish the power of any state to
enforce its own laws. Accordingly, this
rulemaking does not have federalism
implications warranting the application
of Executive Order 13132.
DEPARTMENT OF THE INTERIOR
Unfunded Mandates Reform Act of
1995
RIN 1076–AE88
This rule will not result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $120,000,000 or more
(adjusted for inflation) in any one year,
and will not significantly or uniquely
affect small governments. Therefore, no
actions are deemed necessary under the
provisions of the Unfunded Mandates
Reform Act of 1995.
Congressional Review Act
This rule is not a major rule as
defined by Section 804 of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Congressional
Review Act). This rule will not result in
an annual effect on the economy of
$100,000,000 or more; a major increase
in cost or prices; or significant adverse
effects on competition, employment,
investment, productivity, innovation, or
on the ability of United States-based
companies to compete with foreignbased companies in domestic and
export markets.
List of Subjects in 21 CFR Part 1308
Administrative practice and
procedure, Drug traffic control,
Reporting and recordkeeping
requirements.
For the reasons set out above, 21 CFR
part 1308 is proposed to be amended as
follows:
PART 1308—SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for part 1308
continues to read as follows:
Authority: 21 U.S.C. 811, 812, 871(b)
unless otherwise noted.
2. Section 1308.12 is proposed to be
amended by adding a new paragraph (g)
(3) to read as follows:
§ 1308.12
Schedule II.
*
*
*
*
*
(g) * * *
(3) Immediate precursor to fentanyl:
(i) 4-anilino-N-phenethyl-4-piperidine
(ANPP) ..................... 8333
(ii) [Reserved]
Dated: March 14, 2008.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E8–7391 Filed 4–8–08; 8:45 am]
BILLING CODE 4410–09–P
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Bureau of Indian Affairs
25 CFR Parts 26, 27
Job Placement and Training
Bureau of Indian Affairs,
Interior.
ACTION: Proposed rule.
AGENCY:
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
https://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:
oira_docket@omb.eop.gov, 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)
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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 nonsubsidized 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 SelfGovernance 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
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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 rulemaking 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
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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 selfsufficiency. 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
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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 selfsufficiency; 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
19181
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.
Number of
respondents
Frequency of
response
Total annual
responses
Burden hours
per response
Annual burden
hours
Cost of
responses
26.5 ..........................................................
4,900
1
4,900
.50
2,450
$24,500
Individuals desiring to submit
comments on the information collection
requirement should direct them to the
Office of Information and Regulatory
Affairs, e-mail:
oira_docket@omb.eop.gov 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.
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CFR section
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.
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
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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
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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;
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(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
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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.
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26.1
26.2
What terms do I need to know?
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 SelfSufficiency 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?
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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
§ 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 yearround 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.
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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.
§ 26.2 Who authorizes this collection of
information?
The information collection
requirement contained in § 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.
§ 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 selfsufficiency.
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§ 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.
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§ 26.5 Who may be eligible for Job
Placement and Training?
§ 26.12 Who provides the 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 § 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.
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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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).
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§ 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 onthe-job training must not exceed 24
months (see § 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.
§ 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.
§ 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.
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§ 26.16 If I am awarded financial
assistance, how much will I receive?
§ 26.20 Can I be required to return
portions of my grant?
(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.
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.
§ 26.17 Can more than one family member
be financially assisted at the same time?
§ 26.22 May we integrate Job Placement
and Training funds into our Public Law 102–
477 Plan?
Yes, more than one family member
can be assisted, providing that each
applicant is eligible.
§ 26.18 What kinds of supportive services
are available?
rwilkins on PROD1PC63 with PROPOSALS
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.
§ 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.
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§ 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.
Yes, tribes may integrate Job
Placement and Training Program funds
into their Public Law 102–477 Plan.
§ 26.23 What is an Individual SelfSufficiency 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
§ 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.
(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.
§ 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.
§ 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.
§ 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
§ 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.
§ 26.25 What constitutes a complete Job
Placement Program application?
§ 26.30 Does the Job Training Program
provide part-time training or short-term
training?
(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.
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
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six credit units per semester (based on
a nine-month school year).
§ 26.31
May I repeat my training?
Eligibility for repeat training and
other financial assistance will be
determined by your tribal service
provider.
§ 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.
§ 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.
§ 26.34 What type of training assistance
may be approved?
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The following types of training that
lead to gainful employment may be
approved:
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(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.
§ 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.
19185
§ 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
§ 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.
§ 26.36 What follow-up service is available
after I complete training?
[FR Doc. E8–7304 Filed 4–8–08; 8:45 am]
Job Placement assistance may follow
training.
BILLING CODE 4310–4M–P
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]]>Agencies
[Federal Register Volume 73, Number 69 (Wednesday, April 9, 2008)]
[Proposed Rules]
[Pages 19179-19185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7304]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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: oira_docket@omb.eop.gov, 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.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of Frequency of Total annual Burden hours Annual burden Cost of
CFR section respondents response responses per response hours responses
--------------------------------------------------------------------------------------------------------------------------------------------------------
26.5.............................................. 4,900 1 4,900 .50 2,450 $24,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individuals desiring to submit comments on the information collection
requirement should direct them to the Office of Information and
Regulatory Affairs, e-mail: oira_docket@omb.eop.gov 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
