Job Placement and Training, 19179-19185 [E8-7304]

Download as PDF 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 rwilkins on PROD1PC63 with PROPOSALS 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 VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 19179 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 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 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 http://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) E:\FR\FM\09APP1.SGM 09APP1 19180 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules rwilkins on PROD1PC63 with PROPOSALS 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 VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 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 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 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 E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules 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. rwilkins on PROD1PC63 with PROPOSALS 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 VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 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 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 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; E:\FR\FM\09APP1.SGM 09APP1 19182 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules (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 rwilkins on PROD1PC63 with PROPOSALS 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. VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 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? PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 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. E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules 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. rwilkins on PROD1PC63 with PROPOSALS § 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. VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 19183 § 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). PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 § 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. E:\FR\FM\09APP1.SGM 09APP1 19184 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules § 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. VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 § 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 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1 Federal Register / Vol. 73, No. 69 / Wednesday, April 9, 2008 / Proposed Rules 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? rwilkins on PROD1PC63 with PROPOSALS The following types of training that lead to gainful employment may be approved: VerDate Aug<31>2005 16:54 Apr 08, 2008 Jkt 214001 (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 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\09APP1.SGM 09APP1

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]


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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 http://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