PL 477 Amendment Implementation Steve Osborne Geoff Strommer

PL 477 Amendment Implementation Steve Osborne & Geoff Strommer Hobbs, Straus, Dean & Walker, LLP HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 1

Implementation of PL 477 Amendment Programs Eligible for Inclusion Description PL 477 Section Characteristic 1: Agency Programs that may be integrated are those operated by the Departments of the: 25 U. S. C. § 3404(b) • Interior; • Health and Human Services; • Education; • Labor; • Justice; • Agriculture; • Commerce; • Energy; • Homeland Security; • Housing and Urban Development; • LLP Transportation; or HOBBS STRAUS DEAN & WALKER, WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK • Veterans Affairs. 2

Implementation of PL 477 Amendment Programs Eligible for Inclusion Description Characteristic 2: The program should be “implemented for the purpose of” Purpose any of the following: • “job training”; • “welfare to work and tribal work experience”; • “creating or enhancing employment opportunities”; • “skill development”; • “assisting Indian youth and adults to succeed in the workforce”; • “encouraging self-sufficiency”; • “familiarizing individual participants with the world of work”; • “facilitating the creation of job opportunities”; • “economic development”; or • “any services related to” the above listed activities. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK PL 477 Section 25 U. S. C. § 3404(a)(1)(A) 3

Implementation of PL 477 Amendment Programs Eligible for Inclusion Description PL 477 Section Characteristic 3: The program’s funding should be granted on one of the 25 U. S. C. § Funding following grounds: 3404(a)(1)(B), (a)(2) • an Indian tribe or members of Indian tribes are eligible to receive funds “under a statutory or administrative formula making funds available to an Indian tribe”; • an Indian tribe or members of Indian tribes are eligible to receive funds “based solely or in part on their status as Indians under Federal law”; • an Indian tribe or members of Indian tribes “have secured funds as a result of a noncompetitive process or a specific designation”; or • the program is funded by a block grant provided to an HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK Indian tribe. 4

Implementation of PL 477 Amendment Process – Submission of Program/Grant Request Decision on Program/Grant Request Submission of PL 477 Plan Actor Tribe or tribal organization Action Apply to a particular agency to receive specific funding through a specific program. Other agencies Decide whether to approve a overseeing programs tribe’s request for a program or identified in PL 477 plan grant funding. Tribe or tribal Submit a PL 477 plan to DOI organization that satisfies the specific statutory requirements that PL 477 lays out. The specific statutory requirements include, among other things, that the PL 477 plan is “consistent with the purposes of” PL 477. The submission should also identify programs to be integrated and waivers the tribe believes are HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK necessary for implementation. Timeframe PL 477 Section 25 U. S. C. § 3405 5

Implementation of PL 477 Amendment Process – Review Actor Action Timeframe PL 477 Section Receipt of PL 477 Plan DOI 25 U. S. C. § 3406(a) Consult 25 U. S. C. § 3406(a) Receive the submission from the tribe. Other agencies Consult with DOI. overseeing programs identified in PL 477 plan Tribe or tribal organization Waivers (if any) DOI See Separate Table on Waiver See Separate Table Process. on Waiver Process. Other agencies overseeing programs identified in PL 477 plan Tribe or tribal organization HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK See Separate Table on Waiver Process. 6

Implementation of PL 477 Amendment Process – Approval Consideration and Decision Actor DOI Action Timeframe PL 477 Section Approve or deny the PL 477 plan Not later than 90 25 U. S. C. § 3407 under its “exclusive authority. ” days after receipt of the PL 477 plan. If the PL 477 plan is denied: Otherwise the provide the tribe “a written notification submission is of disapproval of the plan that considered contains a specific finding that clearly approved. demonstrates, or that is supported by a controlling legal authority, that the However, DOI can plan does not meet” the specific extend this period statutory requirements of a PL 477 for not more than 90 plan submission; provide assistance additional days with to the tribe to overcome the stated the tribe’s consent. objections; and provide notice of the right to appeal. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 7

Implementation of PL 477 Amendment Process – Implementation Actor Implementation of DOI Approved PL 477 Plan Action Timeframe Authorize the tribe to integrate the programs and funds and to coordinate the employment, training, and related services provided with those funds in a consolidated and comprehensive tribal PL 477 plan. Note that certain job creation activities and employer training placements may be operated under a PL 477 plan. PL 477 Section 25 U. S. C. § 3403 See also 25 U. S. C. § 3404(b) 25 U. S. C. §§ 3408, 3409 Funding Other agencies overseeing programs identified in PL 477 plan Transfer funds appropriated for programs integrated into a PL 477 plan to DOI. 25 U. S. C. § 3412(a) DOI Transfer funds to tribes. Administration DOI HOBBS STRAUS DEAN & WALKER, LLP Not later than 30 days after the date of apportionment. Not later than 45 days after receipt from the agency. Review tribes’ annual reports and administer PL 477 plans. WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 25 U. S. C. §§ 3410(a), 3412(b) 25 U. S. C. §§ 3410, 3413 8

Implementation of PL 477 Amendment Process – Waiver Identification Waiver Decision Actor DOI Other agencies overseeing programs identified in PL 477 plan Tribe or tribal organization Other agencies overseeing programs identified in PL 477 plan Action Timeframe Identify and/or request the waivers of applicable statutory, regulatory, or administrative requirements, regulations, policies, or procedures necessary to enable efficient implementation of the PL 477 plan. Waive the identified statutory, regulatory, or administrative requirements, regulations, policies, or procedures unless the agency determines waiver is inconsistent with the purposes of PL 477 or “the provision of law from which the program included in the plan derives its authority that is specifically applicable to Indians. ” If the waiver request is denied, the agency must provide the tribe and DOI written notice of the denial and the reasons for the denial. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK PL 477 Section 25 U. S. C. § 3406(b), (c) Not later than 90 25 U. S. C. § 3406(d), (e) days after receipt of the waiver request. Otherwise the request is considered granted. For a denial, written notice must be provided not later than 30 days after the date of the denial. 9

Implementation of PL 477 Amendment Process – Waiver Actor Partial Approval of PL DOI 477 Plan Review of Waiver Denial DOI Establish Interagency DOI Dispute Resolution for Waiver Denial HOBBS STRAUS DEAN & WALKER, LLP Action Timeframe Upon request of the tribe, grant partial approval of the portions of the PL 477 plan not affected by the waiver. Review the agency’s denial to Not later than 30 days determine whether granting the after the waiver denial. waiver would be inconsistent with the provision of PL 477 or would prevent the agency from fulfilling its obligations under PL 477. If DOI determines that waiver Not later than 30 days would not be inconsistent with after it is determined the provision of PL 477 or waiver would not be prevent the agency from fulfilling inconsistent with the its obligations under PL 477, provision of PL 477 or establish an interagency dispute prevent the agency resolution process that includes from fulfilling its DOI, the tribe, and the agency. obligations under PL 477. WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK PL 477 Section 25 U. S. C. § 3407(b) 25 U. S. C. § 3406(f) 25 U. S. C. § 3406(g) 10

Implementation of PL 477 Amendment Process – Waiver Actor Action Utilize Interagency Dispute Resolution DOI Other agencies overseeing programs identified in PL 477 plan Tribe or tribal organization Other agencies overseeing programs identified in PL 477 plan Use the dispute resolution The dispute must be process to resolve the dispute. resolved within 30 days of the process being initiated. 25 U. S. C. § 3406(g) If the dispute resolution process fails, the agency has final authority to resolve the dispute. 25 U. S. C. § 3406(h) Notice of Final Decision on Waiver Denial DOI Provide the tribe with the final decision on the waiver and notice of the right to appeal. Not later than 10 days 25 U. S. C. § 3406(i) after the dispute is resolved. Full Approval of PL 477 Plan DOI Upon request of the tribe, approve or amend the PL 477 plan after the waiver request HOBBS STRAUS DEAN & WALKER, LLP has been resolved. WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK Not later than 90 days 25 U. S. C. § 3407(b) after receipt of the request. Final Decision on Waiver Denial Timeframe PL 477 Section 11

Implementation of PL 477 Amendment Process – Appeal Actor Hearing or Appeal Tribe or tribal organization Action Timeframe PL 477 Section Upon receipt of a 25 U. S. C. § disapproval of all or part 3407(d) of a PL 477 plan from DOI or receipt of a waiver denial from an agency overseeing a program identified in a PL 477 plan, request an administrative hearing or initiate a civil action. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 12

Implementation of PL 477 Amendment Memorandum of Agreement • Agencies included in amended PL 477 have statutory deadline of one year from enactment to develop and enter into interdepartmental Memorandum of Agreement on implementation of new PL 477 legislation. MOA must be completed by December 18, 2018. • Amendment requires Secretary of Interior through Bureau of Indian Affairs Director to take lead. DOI heading up drafting efforts and has been working with PL 477 Tribal Workgroup. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 13

Importance of PL 477 • PL 477 program allows tribes to combine federal funds made available for employment, training, or related services from varied sources into one single plan with one single budget and reporting system. – Creates more flexibility for tribes in deciding how to spend these federal funds so they can design more successful programs based on unique needs of each tribe’s community members. – Allows tribes to streamline administrative processes, including program applications and federal reporting, thereby lowering administrative costs and making more funds available for direct services. • Provides room for more robust exercise of tribal sovereignty. • Concept could eventually expand beyond employment and training. HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 14

Questions? • Steve Osborne: sosborne@hobbsstraus. com • Geoff Strommer: gstrommer@hobbsstraus. com • Both can be reached at 503 -242 -1745 HOBBS STRAUS DEAN & WALKER, LLP WASHINGTON, DC | PORTLAND, OR | OKLAHOMA CITY, OK | SACRAMENTO, CA | ANCHORAGE, AK 15