25 C.F.R. PART 26—EMPLOYMENT ASSISTANCE FOR ADULT INDIANS
Title 25 - Indians
Authority: 25 U.S.C. 13.
Source: 49 FR 2098, Jan. 18, 1984, unless otherwise noted.
(a) Agency office means the current organization unit of the Bureau which provides direct services to the governing body or bodies and members of one or more specified Indian tribes. (b) Appeal means a written request for correction of an action or decision claimed to violate a person's legal rights or privileges as provided in part 2 of this chapter. (c) Applicant means an individual applying under this part. (d) Application means the process through which a request is made for assistance or services. (e) Area Director means the Bureau official in charge of an Area Office. (f) Contract office means the office established by a tribe or tribes who have a contract to administer the Employment Assistance Program. (g) Indian means any person of Indian or Alaska native descent who is an enrolled member of any of those tribes listed or eligible to be listed in the (h) Indian tribe means any Indian tribe, band, nation or other organized group or community including any Alaska Native Village which is recognized by the Secretary of the Interior as having special rights and responsibilities and is recognized as eligible for the services provided by the United States to Indians because of their status as Indians. (i) Near reservation means those areas or communities adjacent or contiguous to reservations which are designated by the Assistant Secretary upon recommendation of the local Bureau superintendent, which recommendation shall be based upon agreement with the tribal governing body of those reservations, as locales appropriate for the extension of financial and/or social services, on the basis of such general criteria as: (1) Number of Indian people native to the reservation residing in the area, (2) Geographical proximity of the area to the reservation, and (3) Administrative feasibility of providing an adequate level of services to the area. The Assistant Secretary shall designate each area and publish the designations in the (j) Reservation means any bounded geographical area established or created by treaty, statute, executive order or interpreted by court decision and over which a federally recognized Indian Tribal entity may exercise certain jurisdiction. (k) Superintendent means the Superintendent or Officer in Charge of any one of the Agency offices of the Bureau of Indian Affairs or his/her authorized representative. (l) Tribal governing body means the recognized entity empowered to exercise the governmental authority of a federally recognized tribe. The purpose of the Employment Assistance Program is to assist Indian people who have a job skill to obtain and retain permanent employment. Within that framework, the program provides services to eligible Indians, as provided in §26.5, including vocational counseling and employment services on reservations and at other home areas, in communities near reservations and in off-reservation areas. Support services are also included, as provided in §26.6. The information collection requirements contained in §§26.4 and 26.6 have been approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3504(h) and are assigned clearance numbers 1076–0062 and 1076–0061. Information necessary for an application for employment assistance will be submitted on an application form which may be obtained at a local Bureau of Indian Affairs Agency or tribal program contractor office. This information is being collected for the purpose of applying for Federal assistance. The information will be used to determine if an Indian person is eligible to participate in this program and to determine the amount of assistance needed. The obligation to respond is a requirement to obtain the benefits. (a) Application for Employment Assistance services must be filed at Bureau of Indian Affairs Agency offices, or at facilities under contract with the Bureau or contract offices which are located on or near reservations or other geographic areas of eligibility. Applications are approved by the Agency Superintendent or designated contractor. An eligible applicant should apply, be funded and receive services at the servicing office nearest to his/her residence at the time of application. (b) For clarity and uniformity, application forms used will be in accordance with the requirements of the Paperwork Reduction Act, section 3504(h) of Pub. L. 96–511. (a) Applicants must be adult Indians residing on or near Indian reservations and demonstrate a need for employment services. (b) An applicant must be unemployed or underemployed in order to receive employment services. (c) Selection of applicants shall be made without regard to sex or marital status. (d) Only those applicants who declare a desire and intent to accept and retain full time permanent employment at the employment location chosen shall be selected, with the exception of those individuals participating in the temporary summer placement program as provided in §26.6(b)(1). (e) Repeat employment services involving expenditure of grant funds are to be determined on an individual basis, considering ability, prior performance, need and motivation. No client shall automatically be entitled to funded repeat services. No more than two (2) funded repeat services for a client shall be allowed. Exceptions may be made if additional funded services not provided would create extreme hardship on the client. Applications are to be submitted with proper justification for repeat service to the Area Director for approval or disapproval. (a) When a request is made for employment services, the applicant shall be offered assistance to assess his/her job skills and work experience and to relate these to available employment opportunities. In many cases, applicants for placement services will already possess training skills, and/or experience sufficient for entry into job placement. In other cases, applicants may be encouraged to consider further education or training options as a preliminary to permanent employment. In any case, vocational counseling appropriate to the individual situation shall be made available. (b) Services may be provided either with or without the expenditure of financial grants depending upon the type of service requested and the need for financial assistance. Funds shall not be provided to finance temporary employment except for the following: (1) High school students who are at least 17 years of age or college students participating in summer placement programs to gain work experience and temporary income may receive limited funding as needed to enable such persons to secure and hold summer jobs. This special service will not count against the number of services allowed under §26.5(e). (2) Persons who have moved to an off-reservation area for permanent employment, through services of the Employment Assistance program, may at times be required to accept temporary employment until permanent employment is available. Such persons may receive funds as needed within established limitations and justifiable circumstances, as allowed by the Area Director, until permanent employment is found and/or the need is met. (c) Permanent employment shall normally be defined as employment which is generally anticipated to be of one year or more in duration. Employment in the construction or other trades where moving from one job to another is generally required of persons engaged in such occupations shall be considered as permanent employment. (d) In those cases where applicants apply and are selected for employment services in off-reservation urban locations, a variety of services may be provided, based upon individual client needs and requests for assistance. These may include advice in rental of housing, shopping, money management, community adjustment, counseling, applying for and seeking employment, and emergency financial assistance for up to six months from the date of entry into this program. Continuing non-financial assistance, as needed, shall remain indefinitely available. (e) Assistance as needed may be provided to enable clients who move for employment to an off-reservation urban or non-urban area to accept a specific job offer. In such cases, however, transportation or financial assistance may be provided only after confirmation has been obtained from the employer, giving details of employment, including the following: (1) Job title, (2) Beginning wage, (3) Date to start work, (4) First payday, (5) First full payday, and (6) A statement that the job is anticipated to be of a permanent nature. (a) Individuals or families with a family member participating in the Employment Assistance program may be granted financial assistance, as needed, based upon rates established by the Area Director for the respective areas or jurisdictions within those areas. (b) Not more than thirty (30) percent of the funds appropriated for any program year may be used to pay for the costs of administration. Administrative costs include salaries and fringe benefits of direct program administrative positions such as program director or program officer, program/financial analyst, labor market analyst, clerical personnel, travel costs, materials, supplies, equipment, space and utilities. The remaining seventy (70) percent of funds available may be used for transportation and subsistence enroute to employment location; subsistence for one month or until the first paycheck from employment is received; emergency assistance is allowed where verified emergencies justify such grants and must have Area Director approval; and supportive services. Supportive services includes tools for employment, initial union dues, transportation of household effects, security and safety deposits, personal appearance and housewares, child care, and costs of employment counselors engaged in providing services to applicants (salaries, fringe benefits and travel costs). (c) Marital status of applicants is not a consideration for determining eligibility for services, but this factor is a consideration for determining appropriate subsistence grants. Proof of a legal relationship requiring support shall be required as a basis for application of family subsistence rates. In the case of married persons, proof of marriage shall be required to satisfy this requirement. (d) Financial assistance shall not be used to supplement the income of a person already employed. The decision of any Bureau official under this part can be appealed pursuant to the procedures in 25 CFR part 2.
Title 25: Indians
PART 26—EMPLOYMENT ASSISTANCE FOR ADULT INDIANS
Section Contents
§ 26.1 Definitions.
§ 26.2 Scope of the Employment Assistance Program.
§ 26.3 Information collection.
§ 26.4 Filing applications.
§ 26.5 Selection of applicants.
§ 26.6 Program services and client participation.
§ 26.7 Financial assistance for program participants.
§ 26.8 Appeals.
Subpart A—Definitions, Scope of the Employment Assistance Program and Information Collection
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§ 26.1 Definitions.
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§ 26.2 Scope of the Employment Assistance Program.
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§ 26.3 Information collection.
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Subpart B—Administrative Procedures
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§ 26.4 Filing applications.
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§ 26.5 Selection of applicants.
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§ 26.6 Program services and client participation.
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§ 26.7 Financial assistance for program participants.
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Subpart C—Appeals
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§ 26.8 Appeals.
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