,i #aacth ,,congress #b;d ,session ,h4 ,r4 #efga ,,in ,,the ,,house ,,of ,,representatives ,september #ah1 #bjad ,mr4 ,young of ,alaska introduced the following bill2 which was referred to the ,committee on ,natural ,resources ,a ,,bill ,to amend the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib to facilitate the ability of ,indian tribes to integrate the employment1 training1 and related services from diverse ,federal sources1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,indian ,employment1 ,training and ,related ,services ,consolidation ,act of #bjad4 #b4 ,amendment of short title 7a7 ,in general ,section #a of the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja note2 #ajf ,stat4 #bcjb7 is amended to read as follows3 #a4 ,short title ,this ,act may be cited as the ,indian ,employment1 ,training and ,related ,services ,act of #aiib4 4 7b7 ,references ,any reference in law to the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib shall be deemed to be a reference to the ,indian ,employment1 ,training and ,related ,services ,act of #aiib4 #c4 ,statement of purpose ,section #b of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdja7 is amended-- 7#a7 by striking ,the purposes of this ,act are to demonstrate how ,indian tribal governments can and inserting ,the purpose of this ,act is to facilitate the ability of ,indian tribes and tribal organizations to2 7#b7 by inserting from diverse ,federal sources after they provide2 7#c7 by striking and serve tribally-determined and inserting 1 and serve tribally determined2 and 7#d7 by inserting 1 while reducing administrative1 reporting1 and accounting costs after policy of self-determination4 #d4 ,definitions ,section #c of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdjb7 is amended-- 7#a7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,indian tribe 7,a7 ,in general ,the terms ,indian tribe and tribe have the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7,b7 ,inclusion ,the term ,indian tribe includes tribal organizations 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b774 2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,program ,the term program means a program described in section #e7;a74 4 #e4 ,integration of services authorized ,section #d of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdjc7 is amended to read as follows3 #d4 ,integration of services authorized ,the ,secretary shall1 after approving a plan submitted by an ,indian tribe in accordance with section #h1 authorize the ,indian tribe to1 in accordance with the plan-- 7#a7 integrate the programs and ,federal funds received by the ,indian tribe2 and 7#b7 coordinate the employment1 training1 and related services provided with those funds in a consolidated and comprehensive tribal plan4 4 #f4 ,programs affected and transfer of funds ,section #e of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdjd7 is amended to read as follows3 #e4 ,programs affected 7a7 ,programs affected 7#a7 ,in general ,the programs that may be integrated pursuant to a plan approved under section #h shall be only programs-- 7,a7 implemented for the purpose of-- 7i7 job training2 7ii7 welfare to work and tribal work experience2 7iii7 creating or enhancing employment opportunities2 7iv7 higher education2 7v7 skill development2 7vi7 assisting ,indian youth and adults to succeed in the workforce2 7vii7 encouraging self-sufficiency2 7viii7 familiarizing individual participants with the world of work2 7ix7 facilitating the creation of job opportunities2 7x7 economic development2 or 7xi7 any services related to the activities described in clauses 7i7 through 7x72 and 7,b7 under which an ,indian tribe or members of an ,indian tribe-- 7i7 are eligible to receive funds-- 7,i7 under a statutory or administrative formula making funds available to an ,indian tribe2 or 7,,ii7 due to their status as ,indians under ,federal law2 or 7ii7 have secured funds as a result of a competitive process1 a noncompetitive process1 or a specific designation4 7#b7 ,treatment of block grant funds ,for purposes of this section1 programs funded by block grant funds provided to an ,indian tribe1 regardless of whether the block grant is for the benefit of the ,indian tribe because of the status of the ,indian tribe or the status of the beneficiaries the grant serves1 shall be eligible to be integrated into the plan4 7b7 ,inventory of affected programs 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall-- 7,a7 assess the programs of the ,department of the ,interior1 the ,department of ,health and ,human ,services1 the ,department of ,labor1 the ,department of ,justice1 the ,department of ,agriculture1 the ,department of ,commerce1 the ,department of ,education1 the ,department of ,energy1 the ,department of ,homeland ,security1 the ,department of ,housing and ,urban ,development1 the ,department of ,transportation1 and the ,department of ,veterans ,affairs2 and 7,b7 not later than #ahj days after the date of enactment of this subsection1 develop an inventory of all programs of the departments referred to in subparagraph 7,a7 that meet the criteria of a program under subsection 7a74 7#b7 ,inclusion of programs in tribal plan ,notwithstanding any other provision of law1 an ,indian tribe may include in the plan-- 7,a7 any program identified by the ,comptroller ,general of the ,united ,states in the inventory under paragraph 7#a72 and 7,b7 any program not identified by the ,comptroller ,general of the ,united ,states in the inventory under paragraph 7#a7 at the discretion of the ,secretary4 4 #g4 ,plan requirements ,section #f of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdje7 is amended to read as follows3 #f4 ,plan requirements ,a plan submitted to the ,secretary for approval under this ,act shall-- 7#a7 identify the programs to be integrated and consolidated2 7#b7 be consistent with the purposes of this ,act2 7#c7 describe-- 7,a7 a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the ,indian tribe2 7,b7 the education1 training1 and related services to be provided to assist ,indians to access those employment opportunities2 7,c7 the way in which services and program funds are to be integrated1 consolidated1 and delivered2 and 7,d7 the results expected from the plan2 7#d7 identify the projected expenditures under the plan in a single budget covering all consolidated funds2 7#e7 identify any agency of the ,indian tribe to be involved in the delivery of the services integrated under the plan2 7#f7 identify any statutory provisions1 regulations1 policies1 or procedures that the ,indian tribe believes need to be waived to implement the plan2 and 7#g7 be approved by the governing body of the ,indian tribe4 4 #h4 ,plan review2 waiver authority2 and dispute resolution ,section #g of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdjf7 is amended to read as follows3 7a7 ,in general ,upon receipt of a plan from an ,indian tribe1 the ,secretary shall consult with-- 7#a7 the head of each ,federal agency overseeing a program identified in the plan2 and 7#b7 the ,indian tribe that submitted the plan4 7b7 ,identification of waivers ,the parties identified in subsection 7a7 shall identify any waivers of applicable statutory1 regulatory1 or administrative requirements1 or of ,federal agency policies or procedures necessary to enable the ,indian tribe to efficiently implement the plan4 7c7 ,tribal waiver request ,in consultation with the ,secretary1 a participating ,indian tribe may request that the head of each affected agency waive any statutory1 regulatory1 or administrative requirement1 policy1 or procedure identified subsection 7b74 7d7 ,waiver authority 7#a7 ,in general ,except as provided in paragraph 7#b71 notwithstanding any other provision of law1 the head of each affected ,federal agency shall waive any applicable statutory1 regulatory1 or administrative requirement1 regulation1 policy1 or procedure promulgated by the agency that has been identified by the parties under subparagraph 7b74 7#b7 ,exception ,the head of an affected ,federal agency shall not grant a waiver under paragraph 7#a7 if the head of the affected agency determines that a waiver will be inconsistent with-- 7,a7 the purposes of this ,act2 or 7,b7 the provision of law from which the program included in the plan derives its authority that is specifically applicable to ,indians4 7e7 ,decision on waiver request 7#a7 ,in general ,not later than #ij days after the head of an affected agency receives a waiver request1 the head of the affected agency shall decide whether to grant or deny the request4 7#b7 ,denial of request ,if the head of the affected agency denies a waiver request1 not later than #cj days after the date on which the denial is made1 the head of the affected agency shall provide the requesting ,indian tribe and the ,secretary with written notice of the denial and the reasons for the denial4 7#c7 ,failure to ,act on request ,if the head of an affected agency does not make a decision under paragraph 7#a7 by the deadline identified in that paragraph1 the request shall be considered to be granted4 7f7 ,secretarial review ,if the head of an affected agency denies a waiver request under subsection 7e77#b71 not later than #cj days after the date on which the request is denied1 the ,secretary shall review the denial and determine whether granting the waiver-- 7#a7 will be inconsistent with the provisions of this ,act2 or 7#b7 will prevent the affected agency from fulfilling the obligations of the affected agency under this ,act4 7g7 ,interagency dispute resolution 7#a7 ,in general ,not later than #cj days after the date on which the ,secretary determines that granting the waiver will not be inconsistent with the provisions of this ,act and will not prevent the affected agency from fulfilling the obligations of the affected agency under this ,act1 the ,secretary shall establish and initiate an interagency dispute resolution process involving-- 7,a7 the ,secretary2 7,b7 the participating ,indian tribe2 and 7,c7 the head of the affected agency4 7#b7 ,duration ,a dispute subject to paragraph 7#a7 shall be resolved not later than #cj days after the date on which the process is initiated4 7h7 ,final authority ,if the dispute resolution process fails to resolve the dispute between a participating ,indian tribe and an affected agency1 the head of the affected agency shall have the final authority to resolve the dispute4 7i7 ,final decision ,not later than #aj days after the date on which the dispute is resolved under this section1 the ,secretary shall provide the requesting ,indian tribe with-- 7#a7 the final decision on the waiver request2 and 7#b7 notice of the right to file an appeal in accordance with the applicable provisions described in section #h7;d74 4 #i4 ,plan approval2 secretarial authority2 review of decision ,section #h of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdjg7 is amended to read as follows3 #h4 ,plan approval2 secretarial authority2 review of decision 7a7 ,in general ,the ,secretary shall have exclusive authority to approve or disapprove a plan submitted by an ,indian tribe in accordance with section #f4 7b7 ,approval process 7#a7 ,in general ,not later than #ij days after the date on which the ,secretary receives a plan1 the ,secretary shall approve or deny the plan4 7#b7 ,approval ,if the ,secretary approves a plan under paragraph 7#a71 the ,secretary shall authorize the transfer of program funds identified in the plan in accordance with section #ac4 7#c7 ,denial ,if the ,secretary denies the plan under paragraph 7#a71 the ,secretary shall provide to the ,indian tribe a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates1 or that is supported by a controlling legal authority1 that the plan does not meet the requirements described in section #f4 7#d7 ,partial ,approval 7,a7 ,in general ,if a plan is denied under paragraph 7#c7 solely on the basis that a request for a waiver that is part of the plan has not been approved 7or is subject to dispute resolution7 under section #g1 the ,secretary shall1 upon a request from the tribe1 grant partial approval for those portions of the plan not affected by the request for a waiver4 7,b7 ,approval after resolution ,with respect to a plan described in subparagraph 7,a71 on resolution of the request for a waiver under section #g1 the ,secretary shall1 on a request from the tribe1 approve the plan or amended plan not later than #ij days after the date on which the ,secretary receives the request4 7#e7 ,failure to ,act ,if the ,secretary does not make a decision under paragraph 7#a7 within #ij days of the date on which the ,secretary receives the plan1 the plan shall be considered to be approved4 7c7 ,extension of time ,notwithstanding any other provision of law1 the ,secretary may extend or otherwise alter the #ij-;day period identified in subsection 7b77#a7 for not more than #ij additional days1 if1 before the expiration of the period1 the ,secretary obtains the express written consent of the ,indian tribe4 7d7 ,review of denial 7#a7 ,procedure upon refusal to approve plan ,if the ,secretary denies a plan under subsection 7b77#c71 the ,secretary shall-- 7,a7 state any objections in writing to the ,indian tribe2 7,b7 provide assistance to the ,indian tribe to overcome the stated objections2 and 7,c7 unless the ,indian tribe brings a civil action under paragraph 7#b71 provide the ,indian tribe with a hearing on the record with the right to engage in full discovery relevant to any issue raised in the matter and the opportunity for appeal on the objections raised1 under such rules and regulations as the ,secretary may promulgate4 7#b7 ,civil actions2 concurrent jurisdiction2 relief 7,a7 ,in general ,the district courts of the ,united ,states shall have original jurisdiction of a civil action or claim against the appropriate ,secretary arising under this section and over any civil action or claim against the ,secretary for money damages arising under contracts authorized by this section4 7,b7 ,administrative hearing and appeal not required ,an ,indian tribe may bring a civil action or claim under this paragraph without regard to whether the ,indian tribe had a hearing or filed an appeal under paragraph 7#a74 7,c7 ,relief ,in an action brought under this paragraph1 the court may order appropriate relief1 including-- 7i7 money damages2 7ii7 injunctive relief against any action by an officer or employee of the ,united ,states or any agency thereof contrary to this ,act or regulations promulgated thereunder 7including immediate injunctive relief to reverse a denial of a plan under this section or to compel the ,secretary to approve a plan72 and 7iii7 a writ of mandamus to compel an officer or employee of the ,united ,states1 or any agency thereof1 to perform a duty provided under this ,act or regulations promulgated hereunder4 7#c7 ,burden of proof at hearing or appeal declining contract2 final agency action 7,a7 ,in general ,with respect to any hearing or appeal conducted under paragraph 7#a77;,c7 or any civil action brought under paragraph 7#b71 the ,secretary shall have the burden of proving by clear and convincing evidence the validity of the grounds for denying approval of a plan 7or portion thereof74 7,b7 ,agency action ,notwithstanding any other provision of law1 a decision by an official of the ,department of the ,interior or the ,department of ,health and ,human ,services1 as appropriate 7collectively referred to in this paragraph as the ,department7 that constitutes final agency action and that relates to an appeal within the ,department that is conducted under paragraph 7#a77;,c7 shall be made-- 7i7 by an official of the ,department who holds a position at a higher organizational level within the ,department than the level of the departmental agency 7such as the ,indian ,health ,service or the ,bureau of ,indian ,affairs7 in which the decision that is the subject of the appeal was made2 or 7ii7 by an administrative judge4 7#d7 ,application of laws to administrative appeals ,section #ejd of title #e1 ,united ,states ,code1 and section #bdab of title #bh1 ,united ,states ,code1 shall apply to any administrative appeals pending on or filed after ,october #e1 #aihh1 by an ,indian tribe regarding a plan under this ,act4 4 #aj4 ,employer training placements ,section #aj of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdji7 is amended to read as follows3 #aj4 ,employer training placements 7a7 ,in general ,subject to subsection 7b71 an ,indian tribe that has in place an approved plan under this ,act may use the funds made available for the plan under this ,act-- 7#a7 to place participants in training positions with employers2 and 7#b7 to pay the participants a training allowance or wage for a training period of not more than #bd months1 which may be nonconsecutive4 7b7 ,requirements ,an ,indian tribe may carry out subsection 7a7 only if the ,indian tribe enters into a written agreement with each applicable employer under which the employer shall agree-- 7#a7 to provide on-the-job training to the participants2 and 7#b7 on satisfactory completion of the training period described in subsection 7a77#b71 to prioritize the provision of permanent employment to the participants4 4 #aa4 ,federal responsibilities ,section #aa of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdaj7 is amended to read as follows3 #aa4 ,federal responsibilities 7a7 ,lead agency 7#a7 ,in general ,notwithstanding any other provision of law1 the lead agency responsible for implementation of this ,act shall be the ,bureau of ,indian ,affairs4 7#b7 ,inclusions ,the responsibilities of the ,director of the ,bureau of ,indian ,affairs in carrying out this ,act shall include-- 7,a7 the development of a single model report for each ,indian tribe that has in place an approved plan under this ,act to submit to the ,director reports on any consolidated activities undertaken and joint expenditures made under the plan2 7,b7 the provision1 directly or through contract1 of appropriate voluntary and technical assistance to participating ,indian tribes2 7,c7 the development and use of a single monitoring and oversight system for plans approved under this ,act2 7,d7 7i7 the receipt of all funds covered by a plan approved under this ,act2 and 7ii7 the distribution of the funds to the respective ,indian tribes by not later than #de days after the date of receipt of the funds from the appropriate ,federal department or agency2 and 7,e7 7i7 the performance of activities described in section #g relating to agency waivers2 and 7ii7 the establishment of an interagency dispute resolution process4 7#c7 ,memorandum of agreement 7,a7 ,in general ,not later than #a year after the date of enactment of the ,indian ,employment1 ,training and ,related ,services ,consolidation ,act of #bjad1 the ,secretary 7acting through the ,director of the ,bureau of ,indian ,affairs71 in conjunction with the ,secretaries of ,agriculture1 ,commerce1 ,education1 ,energy1 ,health and ,human ,services1 ,homeland ,security1 ,housing and ,urban ,development1 ,labor1 ,transportation1 and ,veterans ,affairs and the ,attorney ,general1 shall enter into an interdepartmental memorandum of agreement providing for the implementation of this ,act4 7,b7 ,inclusions ,the memorandum of agreement under subparagraph 7,a7 shall include provisions relating to-- 7i7 an annual meeting of participating ,indian tribes and ,federal departments and agencies1 to be co-chaired by-- 7,i7 a representative of the ,president2 and 7,,ii7 a representative of the participating ,indian tribes2 7ii7 an annual review of the achievements under this ,act and any statutory1 regulatory1 administrative1 or policy obstacles that prevent participating ,indian tribes from fully and efficiently carrying out the purposes of this ,act2 and 7iii7 a forum comprised of participating ,indian tribes and ,federal departments and agencies to identify and resolve interagency conflicts and conflicts between the ,federal ,government and ,indian tribes in the administration of this ,act4 7b7 ,report format 7#a7 ,in general ,the lead agency shall develop and distribute to ,indian tribes that have in place an approved plan under this ,act a single report format1 in accordance with the requirements of this ,act4 7#b7 ,requirements ,the lead agency shall ensure that the report format developed under paragraph 7#a71 together with records maintained by each participating ,indian tribe1 contains information sufficient-- 7,a7 to determine whether the ,indian tribe has complied with the requirements of the approved plan of the ,indian tribe2 and 7,b7 to provide assurances to the head of each applicable ,federal department or agency that the ,indian tribe has complied with all directly applicable statutory and regulatory requirements not waived under section #g4 7#c7 ,limitation ,the report format developed under paragraph 7#a7 shall not require a participating ,indian tribe to report on the expenditure of funds 7expressed by fund source or single agency code7 transferred to the ,indian tribe under an approved plan under this ,act4 4 #ab4 ,no reduction in amounts ,section #ab of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdaa7 is amended to read as follows3 #ab4 ,no reduction in amounts 7a7 ,in general ,in no case shall the amount of ,federal funds available to an ,indian tribe that has in place an approved plan under this ,act be reduced as a result of-- 7#a7 the enactment of this ,act2 or 7#b7 the approval or implementation of a plan of an ,indian tribe under this ,act4 7b7 ,interaction with other laws ,the inclusion of a program in a tribal plan under this ,act shall not-- 7#a7 modify1 limit1 or otherwise affect the eligibility of the program for contracting under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq472 or 7#b7 eliminate the applicability of any provision of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq471 as the provision relates to a specific program eligible for contracting under that ,act4 4 #ac4 ,transfer of funds ,section #ac of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdab7 is amended to read as follows3 #ac4 ,transfer of funds 7a7 ,in general ,notwithstanding any other provision of law1 not later than #cj days after the date of apportionment to the applicable ,federal department or agency1 the head of a ,federal agency overseeing a program identified in a plan approved under this ,act shall transfer to the ,director of the ,bureau of ,indian ,affairs for distribution to an ,indian tribe any funds identified in the approved plan of the ,indian tribe4 7b7 ,transfer of funds ,notwithstanding any other provision of law1 at the request of the ,indian tribe1 all program funds transferred to an ,indian tribe in accordance with the approved plan of the ,indian tribe shall be transferred to the ,indian tribe pursuant to an existing contract1 compact1 or funding agreement awarded pursuant to title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 4 #ad4 ,administration of funds ,section #ad of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdac7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7e72 7#b7 by striking the section designation and heading and all that follows through subsection 7a7 and inserting the following3 #ad4 ,administration of funds 7a7 ,requirements 7#a7 ,in general 7,a7 ,consolidation and reallocation of funds ,notwithstanding any other provision of law1 all amounts transferred to a tribe pursuant to an approved plan may be consolidated1 reallocated1 and rebudgeted as specified in the approved plan to best meet the employment1 training1 and related needs of the local community served by the ,indian tribe4 7,b7 ,authorized use of funds ,the amounts used to carry out a plan approved under this ,act shall be administered in such manner as the ,secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the approved plan4 7,c7 ,effect ,nothing in this section interferes with the ability of the ,secretary or the lead agency to use accounting procedures that conform to generally accepted accounting principles1 auditing procedures1 and safeguarding of funds that conform to chapter #ge of title #ca1 ,united ,states ,code 7commonly known as the ,single ,audit ,act of #aihd74 7#b7 ,separate records and audits not required ,notwithstanding any other provision of law 7including regulations and circulars of any agency 7including ,office of ,management and ,budget ,circular ,a-#acc771 an ,indian tribe that has in place an approved plan under this ,act shall not be required-- 7,a7 to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred2 7,b7 to allocate expenditures among such a program2 or 7,c7 to audit expenditures by the original source of the program4 7b7 ,carryover 7#a7 ,in general ,any funds transferred to an ,indian tribe under this ,act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation1 subject to the condition that the funds shall be obligated or expended in accordance with the approved plan of the ,indian tribe4 7#b7 ,no additional documentation ,the ,indian tribe shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds4 7c7 ,indirect costs ,notwithstanding any other provision of law1 an ,indian tribe shall be entitled to recover #ajj percent of any indirect costs incurred by the ,indian tribe as a result of the transfer of funds to the ,indian tribe under this ,act4 2 and 7#c7 in subsection 7e7 7as redesignated by paragraph 7#a77-- 7,a7 by striking ,all administrative and inserting the following3 7#a7 ,in general ,all administrative 2 and 7,b7 by striking regulations7 and all that follows through the end of the subsection and inserting the following3 regulations74 7#b7 ,treatment ,the amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs1 as described in paragraph 7#a71 shall be considered to be properly spent for ,federal audit purposes if the amount is used to achieve the purposes of this ,act4 7e7 ,matching ,funds ,notwithstanding any other provision of law1 any funds transferred to an ,indian tribe under this ,act shall be treated as non-,federal funds for purposes of meeting matching requirements under any other ,federal law4 7f7 ,claims ,the following provisions of law shall apply to plans approved under this ,act3 7#a7 ,section #cad of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiia 7,public ,law #aja-eab2 #ajd ,stat4 #aiei74 7#b7 ,chapter #aga of title #bh 7commonly known as the ,federal ,tort ,claims ,act74 7g7 ,interest or other income 7#a7 ,in general ,an ,indian tribe shall be entitled to retain interest earned on any funds transferred to the tribe under an approved plan and such interest shall not diminish the amount of funds the ,indian tribe is authorized to receive under the plan in the year the interest is earned or in any subsequent fiscal year4 7#b7 ,prudent investment ,funds transferred under a plan shall be managed in accordance with the prudent investment standard4 4 #ae4 ,labor market information on ,indian work force ,section #ag7;a7 of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdaf7;a77 is amended in the first sentence-- 7#a7 by striking ,the ,secretary and all that follows through manner1 and inserting ,the ,secretary of ,labor1 in consultation with the ,secretary1 ,indian tribes1 and the ,director of the ,bureau of the ,census1 shall2 and 7#b7 by striking 1 by gender14 #af4 ,repeals2 conforming amendments 7a7 ,repeals ,sections #ae and #af of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdad1 #cdae7 are repealed4 7b7 ,conforming amendments ,sections #ag and #ah of the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdaf1 #cdag7 7as amended by this ,act7 are redesignated as sections #ae and #af1 respectively4 #ag4 ,effect of ,act ,nothing in this ,act or any amendment made by this ,act-- 7#a7 affects any plan approved under the ,indian ,employment1 ,training and ,related ,services ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq47 7as so redesignated7 before the date of enactment of this ,act2 7#b7 requires any ,indian tribe or tribal organization to resubmit a plan described in paragraph 7#a72 or 7#c7 modifies the effective period of any plan described in paragraph 7#a74