Attachment C Final Signed MOA

Indian Employment, Training and Related Services Consolidation Act of 2017
INTERAGENCY MEMORANDUM OF AGREEMENT
BETWEEN THE PARTIES
1. Department of Agriculture
2. Department of Commerce
3. Department of Education
4. Department of Energy
5. Department of Health and Human Services
6. Department of Homeland Security
7. Department of Housing and Urban Development
8. Department of the Interior
9. Department of Justice
10. Department of Labor
11. Department of Transportation
12. Department of Veterans Affairs
Whereas, pursuant to the Indian Employment, Training, and Related Services Demonstration
Act of 1992, Pub. L. No. 102-477 (October 23, 1992) (“the 1992 Act”), Congress authorized a
temporary demonstration project (477 Initiative) that allowed Federally recognized Indian tribes
to integrate employment and training-related, formula-funded Federal grants into a single plan
(477 plan) with a single budget and a single reporting system to improve the effectiveness of
those services, reduce joblessness in Indian communities, and serve tribally determined goals
consistent with the policy of self-determination, while reducing administrative, reporting, and
accounting costs.
Whereas, pursuant to the Indian Employment, Training, and Related Services Consolidation Act
of 2017, Pub. L. No. 115-93 (December 18, 2017), Congress amended the 1992 Act to make the
demonstration project permanent and to reduce administrative, reporting, and accounting costs in
the 477 Initiative.
Whereas, pursuant to Section 11 of Pub. L. No. 115-93, Congress directed the above named
agencies to negotiate and execute a memorandum of agreement (MOA) to implement Pub. L.
No. 115-93. The purpose of this MOA is to set forth the basic functions and relationships of the
Parties in the funding and oversight of the tribal plans authorized under the Act.
Whereas, this MOA is intended to facilitate coordination and collaboration of the Parties in
implementing the Act. The Department of the Interior is the lead agency under the Act and has
authority to approve or disapprove a plan which the Secretary is authorized to exercise to ensure
compliance with the Act. This MOA is not intended to confer any right upon any Indian tribe,
private person, or organization.

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Now, therefore, the Parties agree as follows:
I.

Definitions
A. “The Act” refers to the Indian Employment, Training, and Related Services
Demonstration Act of 1992, Pub. L. No. 102-477 (October 23, 1992), as amended.
B. “The Secretary” refers to the Secretary of the Department of the Interior. Certain actions
identified in the Act and throughout this agreement lie with the authority of the Secretary
but may be carried out in practice by the Assistant Secretary - Indian Affairs through
offices, including the Bureau of Indian Affairs (BIA) within the Department of the
Interior (“Interior”).
C. “Parties” refers to all agencies named by Congress to negotiate and execute an MOA.
D. “Affected agency” is an agency that has a program that has been identified by an Indian
tribe to be considered in its 477 plan.

II. Effect of MOA on Authorities of Parties
A. Nothing in this MOA alters the statutory authorities or any other authorities of the
Parties. This MOA is intended to facilitate coordination and collaboration of the Parties
in implementing the Act.
B. The head of each Party shall make the final determination as to whether a program under
his or her purview meets the criteria for eligible programs, as codified at 25 U.S.C. §
3404(a), and is eligible to be integrated into a 477 plan approved under 25 U.S.C. § 3407.
The determination whether a program is eligible to be integrated into a 477 plan is
distinct from BIA’s authority to approve a 477 plan in 25 U.S.C. § 3407.
III. Policy
The Act authorizes an Indian tribe to integrate in a 477 plan existing funds that a tribe would
otherwise receive under the authority of an individual program. The statutory purpose and
authority of the underlying programs being consolidated in an Indian tribe’s 477 plan must
align with the criteria set forth in 25 U.S.C. § 3404.
A. Programs Affected
1. BIA and the Parties understand 25 U.S.C § 3404(a) to include programs for which a
primary purpose is to fund employment programs and services, job training, or related
services, as described under that subsection. It does not include programs for which
employment and training are not a clear and stated purpose in the program’s
authorizing legislation. A program for which the primary purpose of Federal funding
support is other than employment, job training, or other such activities described at §
3404(a) is not an eligible program.
2. A list of programs historically considered for 477 plan inclusion prior to the passage
of Pub. L. No. 115-93 is included as an appendix to this MOA. This list, which is
from the Federal agencies participating in the 477 demonstration initiative, is
provided for information and is not all-inclusive. Indian tribes can propose to include
Federal programs not listed in the appendix. As provided in the Act, the final
decision of program eligibility remains with the affected agency. See 25 U.S.C. §
3406(a)(1), 3406(h), and 3407(b)(1). At the time of the signing of this MOA, not all
Parties have identified programs that meet the eligibility requirements of 25 U.S.C. §
3404.
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3. BIA and the affected agencies further understand that under section 5 of the Act (25
U.S.C. § 3404(a)(1)(B)), 477 plans may include only those programs in which an
Indian tribe or members of an Indian tribe are
a. eligible to receive funds (i) under a statutory or administrative formula making
funds available to an Indian tribe or (ii) based solely or in part on their status as
Indians under Federal law, or
b. have secured funds as a result of a noncompetitive process or a specific
designation.
4. Competitive grant programs do not base eligibility on a statutory or administrative
formula and do not award funds as a result of a noncompetitive process or
designation. Thus, in accordance with 25 U.S.C. § 3404(a)(1)(B)(i)(II), a competitive
grant program may be integrated in a 477 plan only when eligibility to compete for
the grant program is exclusive to Indian tribes (as defined in 25 U.S.C. § 3402(2))
with Federally recognized Indian status and members of Indian tribes with Federally
recognized Indian status. If entities other than Indian tribes/members of Indian tribes
with Federally recognized status are eligible for the grant program, for example state
recognized tribes, then the competitive grant program is not eligible to be included in
the 477 Initiative. These competitions can include other eligibility requirements
unrelated to Federally recognized Indian status that must be met, making the
competition in part depend on Federally recognized Indian status. A competitive
grant from a program eligible to be integrated into a 477 plan may be included only
after the competitive grant has been approved by the affected agency to be awarded to
the Indian tribe or tribal member after the agency’s competitive process is completed.
5. Competitive grants may also be included after an award is made by the affected
agency pursuant to its competitive process if there is a specific 477 designation in the
grant program’s authorizing legislation that the program is eligible for consolidation
under the Act.
B. Indian Self-Determination and Education Assistance Act (ISDEAA) (25 U.S.C. § 5301 et
seq.)
1. Neither Pub. L. 102-477 nor Pub. L. 115-93 affect the applicability of ISDEAA to
program funds approved to be included in a 477 plan. As has been the practice, BIA
shall permit Federal funds that the relevant agency has transferred to BIA to be
transferred to eligible Indian tribes through existing contracts, compacts, or funding
agreements awarded pursuant to ISDEAA. However, including a program not
otherwise eligible for ISDEAA in a 477 plan, and transferring funds through an
existing contract, compact, or funding agreement, does not make the program eligible
for contracting under ISDEAA and does not make the provisions of Pub. L. 93-638
applicable. Conversely, if an underlying program is eligible for ISDEAA, including
the program in a 477 plan does not eliminate the applicability of any provision of
ISDEAA.
C. Requirements for Incorporating Programs into a 477 Plan
1. Each affected agency must take into account its individual statutes, regulations, and
policies when reviewing an Indian tribe’s proposed plan. Specifically, each agency
has discretion regarding requirements for an Indian tribe’s incorporating programs
into a proposed plan.

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2. Consolidation of programs approved by affected agencies for inclusion in a 477 plan
will take effect at the beginning of the fiscal year succeeding the date the 477 plan is
approved, or sooner as determined by the affected agency.
IV. Roles and Responsibilities of Parties
A. Federal Points of Contact
1. The Secretary of the Interior, the Attorney General, and the Secretaries of the other
affected agencies shall each appoint a liaison to be the point of contact to address any
concerns related to implementation of the Act and to attend meetings of the Parties.
BIA shall circulate the contact list to the Parties and provide updates as necessary.
B. Plan Review
1. Generally, 90 days after receipt of a plan, the Secretary will approve or deny the plan.
If a plan includes a waiver request, the Department of the Interior and the affected
agencies will follow the process for review described in Section V.
2. Upon receipt of an Indian tribe’s 477 proposed plan, BIA’s Division of Workforce
Development (DWD) will transmit to the Indian tribe a formal acknowledgement of
receipt of the proposal. The 90-day statutory timeframe for approving or denying the
plan begins on the date of the Secretary’s receipt.
3. Within 2 days of receipt of a tribe’s 477 proposed plan DWD will conduct an initial
review to determine if the plan appears to be complete, ensuring inclusion of the
minimum required documents (e.g., tribal resolution, budget, and narrative scope of
work, waiver requests). If the plan appears to be complete, DWD will forward it to
the affected agencies within 2 days of receipt of the plan.
4. If a plan is determined to be incomplete, DWD will work with the tribe for up to 15
days in order for the tribe to submit the necessary additional documents to make the
plan complete. Once the proposed plan is complete, DWD will forward it to the
affected agencies.
5. If the tribe has not submitted a 477 plan that appears to be complete by the end of the
15th day, DWD will request that the tribe agree to an extension of the 90-day plan
review period equal to the number of days it takes for the tribe to submit a complete
plan for agency review. For example, if a complete plan is submitted 25 days after
the original incomplete proposal was submitted, then DWD will request that the tribe
agree to an extension of 25 days so that the agencies will have the necessary time to
review and work with the tribe on the plan. Extensions are provided for in 25 U.S.C.
§ 3407(c) and do not prevent the Secretary from requesting or the tribes from
agreeing to additional extensions at other points in the plan review process, as long as
such extensions do not exceed 90 days.
6. For the first year of implementation, BIA shall forward what appears to be a complete
plan to all Parties, and after the first year to just the affected agencies.
a. Interior and affected agencies shall develop a suggested template for Indian tribes
to use in submitting and specifying, as an addendum to their proposed 477 plans,
any specific waivers the Indian tribe believes are necessary to implement the
proposed 477 plan including a citation or specific reference to the particular
statute, regulation, provision, administrative requirement, or policy or procedures
to be waived.

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7. If after the affected agencies conduct their initial review, the plan still does not
include the required documents, the affected agency shall inform DWD, and DWD
will coordinate with the Indian tribe to ensure the needed document(s) are submitted
in a timely manner. After conferring with the affected agencies, if necessary, DWD
will request the extension described in paragraph IV.B.5 above to ensure the affected
agencies have enough time for their review. Once all required documents are
submitted, the plan is complete.
8. Within 30 days of receipt of the complete plan from DWD, DWD shall schedule a
call with the affected agencies to discuss the status of the plan review and identify
any issues that need to be resolved.
9. The affected agencies shall have 60 days (from the time the affected agencies
received transmittal of the complete plan) to review and provide comments back to
DWD on the Indian tribe’s complete plan and on whether the affected agency
requires any additional information. Should DWD not receive feedback from an
affected agency within the 60-day time frame, DWD staff will contact the affected
agency and request a status update on the plan review. If additional information is
required, DWD will facilitate communication between the affected agency and the
Indian tribe to resolve the issue(s).
10. At any time after receiving an Indian tribe’s plan from DWD, but not beyond the 90day time frame for the Secretary’s approval or denial of the plan, unless the Secretary
has received the express written consent of the Indian tribe for an extension, the
affected agency may determine whether its section of the Indian tribe’s plan is
approvable. The agency must transmit to DWD its determination in a memorandum
or letter addressed to the Indian tribe. DWD will communicate the affected agency’s
determination to the Indian tribe.
11. For the first year, within 15 days after an affected agency’s determination, Interior
shall disseminate the decision to all Parties for informational purposes and to ensure
consistency throughout the government.
12. If an affected agency is unable to approve inclusion of a program in an Indian tribe’s
plan during or at the conclusion of the 60-day review period, the affected agency shall
communicate to DWD its reason(s) for non-approval. At this point, DWD will
facilitate communication between the affected agency and the Indian tribe in an
attempt to resolve the reason(s) for the affected agency’s non-approval prior to the
expiration of the 90-day time frame, including by requesting additional information or
documentation, or an extension of time from the tribe on behalf of the affected
agency.
13. If the affected agency and Indian tribe are unable to resolve the issue(s), the affected
agency must transmit to DWD a written notification of its determination of
disapproval of its section of the Indian tribe’s plan in a memorandum or letter
addressed to the Indian tribe. Once DWD receives all written notifications of
disapproval from the affected agencies, DWD will compile the written notification(s)
of disapproval into a single document, including the right to file an appeal, consistent
with IV.B.13. b., and include a minimum of 3 days for the affected agency or
agencies to review for consistency. Once the affected agency or agencies have
provided clearance, DWD will communicate the written notification(s) of disapproval
to the Indian tribe, in accordance with IV.B.13.b.
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a. The Parties agree that although the Act does not require it, in instances where a

plan is being denied, Indian tribes can elect to participate in the same interagency
dispute resolution process that the statute provides for waiver denials in 25 U.S.C.
§ 3406(g) and (h). The process is outlined in more detail in V.D. and V.E. 1-2.
b. When the Secretary sends a denial letter denying a plan or denying inclusion of a
program or programs in a plan, the denial letter shall notify the tribe that (1) it can
engage in an interagency dispute resolution process as per IV.B.13.a.; (2) it can
have a hearing on the record with the right to engage in full discovery relevant to
any issue raised in the matter before the affected agency’s appropriate
administrative appeals body in accordance with 25 U.S.C. § 3407(d)(1)(C); or (3)
it can bring a civil action in Federal court in accordance with 25 U.S.C. §
3407(d)(2). If a tribe chooses a hearing before the affected agency’s
administrative appeals body, and the appeals body finds in favor of the affected
agency, the tribe can appeal to Federal district court on the objections raised in
accordance with 25 U.S.C. § 3407(d)(1)(C).
c. The denial letter shall make clear that if a tribe elects interagency dispute
resolution, and is dissatisfied with the outcome of the interagency dispute
resolution, it can still appeal the plan denial after the interagency dispute process
is complete by either (1) having a hearing on the record with the right to engage in
full discovery relevant to any issue raised in the matter before the affected
agency’s appropriate administrative appeals body in accordance with 25 U.S.C. §
3407(d)(1)(C); or (2) bringing a civil action in Federal court in accordance with
25 U.S.C. § 3407(d)(2). If a tribe chooses a hearing before the affected agency’s
administrative appeals body, and the appeals body finds in favor of the affected
agency, the tribe can appeal to Federal district court on the objections raised in
accordance with 25 U.S.C. § 3407(d)(1)(C).
d. Affected agencies shall provide a set of instructions directing the tribe to the
appropriate administrative appeals body including a citation to any applicable
rules. The instructions from the affected agencies shall be appended to plan
denial letters.
14. Pursuant to 25 U.S.C. § 3407(b)(4), if a plan is denied solely on the basis that a
request for a waiver that is part of the plan has not been approved (or is subject to
dispute resolution) under 25 U.S.C. § 3406, the Secretary shall, upon a request from a
tribe, grant partial approval for those portions of the plan not affected by the request
for a waiver.
15. The Secretary must send an approval or denial of a plan before the expiration of the
90-day time frame from the Secretary’s receipt of a proposal, unless the tribe gives
the Secretary express written consent before the expiration of the 90-day time frame
for an extension of time for up to an additional 90 days. If a decision is not sent to
the Indian tribe, or the Indian tribe does not provide a written extension of time to the
Secretary before the expiration of the 90-day time frame, the Indian tribe’s plan is
considered to be approved. However, at any time during the 90-day time frame,
DWD may request a 90-day extension for the purposes of the affected agencies
continuing to work with the Indian tribe on finalizing its proposed plan.
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16. In the event that a tribe submits a late plan (i.e., their current plan is set to expire in
less than 90 days), BIA may extend the current approved plan up to 120 days and the
tribe may use the currently awarded funds and/or carryover funds to continue
operations. BIA will issue formal notification to the tribe when granting an
extension, copying all affected agencies. BIA will not transfer any funds and the tribe
will not draw down any funds associated with the new plan until the plan has been
approved.
a. To prevent such situations from arising, affected agencies will keep track of plan
dates and notify DWD of plan expiration dates 180 days before a plan expires.
DWD will notify tribes of upcoming plan expiration dates at least 150 days before
the plan expires and encourage them to submit a new plan so that the parties have
at least 90 days to review it.
V. Waivers
The Department of the Interior and each affected agency shall cooperatively implement the
waiver provisions during the plan review process consistent with section 3406 of the Act.
A. Requesting Waivers
1. In consultation with Interior, a participating Indian tribe may request that the head of
each affected agency waive any statutory, regulatory, or administrative requirement,
policy, or procedure identified by the affected agencies and the Indian tribe that
submitted the plan. Indian tribes should provide as much information as possible
about which statutory, regulatory, or administrative requirement, policy, or procedure
they need to be waived and why the waiver is being requested.
2. Procedures for forwarding the plan and accompanying waiver requests are articulated
in section IV.B.3-5. As necessary, once the affected agency receives the waiver
request, the Indian tribe and affected agency may work together to ensure the waiver
request is complete.
3. For the first year of implementation of this Act, for informational purposes and to
ensure consistency throughout the government, BIA will share all waiver requests
with all Parties at the same time that it is forwarding the waiver requests to the
affected agencies for consideration.
4. If any additional waivers are identified by an affected agency as necessary for the
tribe to implement the proposed 477 plan, then the Indian tribe will follow the process
in V. A. 1. to request the waiver. The 90-day waiver clock begins when an affected
agency receives a waiver request [25 U.S.C. § 3406(e)(1)]. If a tribe submitted a
waiver request with its plan submission and submits a subsequent waiver request in
response to an affected agency identifying additional waivers, the initial waiver
request and the subsequent waiver request run on different 90-day clocks tied to the
date each waiver request was received by an affected agency.
5. There is a 90-day deadline for the head of the affected agency for which a waiver has
been requested to decide whether to grant or deny the request. Interior and all
affected agencies agree that the date on which the waiver request is received by the
affected agency will be the day from which the 90-day deadline to request more time
or deny the waiver shall be calculated. The affected agency will inform DWD and
the Indian tribe the date on which the 90-day timeline for approval begins. See 25
U.S.C. §3406(e)(1); (e)(3).
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a. If an affected agency needs more than 90 days to process a waiver request, at day
75 it will inform DWD that it wants DWD to request additional time for review.
DWD will communicate to the tribe that the affected agency needs additional time
to review and that the tribe can: (1) agree to an extension of the waiver review
clock; or (2) the affected agency will have to deny the waiver request. If a tribe
agrees to an extension, that extension is considered authorized under 25 U.S.C. §
3407(c), which allows for tribes to agree to an extension of time for plan
processing, not to exceed 90 days. The tribe’s express written consent to an
extension will make clear that the tribe has agreed to an extension of a set number
of days beyond the 90 day review period and as a result, the waiver request is not
considered to be granted as provided in the “Failure to Act on Request” provision
at 25 U.S.C. § 3406(e)(3).
B. Granting or Denying Waivers
1. Each affected agency shall waive any applicable statutory, regulatory, or
administrative requirement, regulation, policy, or procedure promulgated by the
agency that has been identified by the tribe but shall not grant a waiver if the waiver
is inconsistent with:
a. The purposes of the Act; or
b. The provision of the law from which the program included in the plan derives its
authority that is specifically applicable to Indians. See 25 U.S.C. § 3406(d)(2).
2. After an affected agency’s waiver determination, BIA shall either:
a. Include the waiver determination as part of the 477 plan approval process; or
b. Proceed in accordance with V.C.6.
3. Interior will quarterly disseminate to all Parties all final waiver determinations.
C. Timeline for processing waivers
1. The head of an affected agency shall make a waiver determination no later than 90
days after the affected agency receives a waiver request. See 25 U.S.C. § 3406(e).
2. If the head of an affected agency grants a waiver, that affected agency shall provide
written notice of the determination to BIA, and BIA shall inform the Indian tribe. For
the first year, within two days after an affected agency’s initial waiver decision, the
affected agency shall disseminate such waiver determination to all other parties for
informational purposes and to ensure consistency throughout the government.
3. If the head of an affected agency denies the waiver, the affected agency shall provide
BIA a written notice of the denial, and reasons for the denial, no later than 30 days
after making such determination, and BIA shall inform the tribe. See 25 U.S.C. §
3406(f).
4. All letters to Indian tribes approving or denying a plan, or granting or denying a
waiver, shall include a clause that provides, “the granting of this waiver has no
bearing on any outstanding waiver request including any waiver not specifically
addressed herein.”
5. If the head of the affected agency does not make a decision within 90 days after
receipt of the waiver request, and the tribe has not agreed to an extension as outlined
in V. A. 5. a., the waiver is considered granted. See 25 U.S.C. § 3406(e)(3).
6. If an affected agency denies a waiver, BIA may approve a 477 plan for the requesting
Indian tribe for all programs unaffected by the waiver denial. BIA may also approve

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a 477 plan for the program for which the waiver has been denied if the affected
agency notifies BIA that the plan is approvable in the absence of the waiver.
7. After consulting with the affected agency, BIA shall provide notice to the tribe so it
can revise the plan if necessary. Such revisions may include, but are not limited to,
removing the related program from the 477 plan or including the program with
specific requirements/conditions in the 477 plan to reflect the decision.
8. When tribes elect interagency dispute resolution in response to a waiver denial, the
head of an affected agency shall notify non-affected agencies of the dispute in
question, and agencies shall coordinate, particularly for issues of first impression.
D. Interagency Dispute Resolution Process
1. If an Indian tribe elects to participate in the interagency dispute resolution process,
the following process will be followed:
a. The Secretary shall initiate the process by contacting the participating Indian tribe
and requesting notification within 5 business days on whether the tribe desires to
conduct either a face-to-face meeting or conference call with the Secretary and the
head of the affected agency, or their designees, to resolve the dispute.
b. Upon receipt of the Indian tribe’s notification, the Secretary shall begin
communication with both the tribe and the head of the affected agency to ensure
the conference call or in-person meeting is conducted within 14 calendar days of
the tribe’s notification.
c. The Interagency dispute resolution session(s) will allow equal and ample
opportunity for all Parties to engage in discussion of the waiver request and
provide documentation supporting each affected agency’s position.
d. Should all affected agencies agree, the Secretary may schedule additional sessions
up to and including the 30th day after the dispute resolution process was initiated.
e. Whether the additional sessions are face-to-face meetings or conference calls is at
the discretion of the participating Indian tribe and the affected agency.
E. Final authority to resolve issue
1. If the dispute is resolved, BIA shall distribute the outcome of the final resolution to
all affected agencies within ten days.
2. If the dispute resolution process fails to resolve the dispute, the head of the affected
agency shall have the final authority to resolve the dispute. See § 3406(h) of the Act.
3. If the head of the affected agency determines that the waiver must be denied, the
affected agency will issue a written statement to BIA.
4. The Secretary shall provide the requesting Indian tribe within 5 days after the dispute
is resolved:
a. A written statement of the final decision on the waiver request; and
b. If a program is not approvable to be included in a 477 plan without an agency
granting the waiver at issue, notice of the right to file an appeal in accordance
with IV.B.13.b. Such an appeal notice should not include notice of the
interagency dispute resolution process referenced in IV.13.b.1 since that step has
already been completed. Once the waiver request is resolved, the 477 plan will be
amended, as necessary, by the tribe to include the resolution.
5. If the waiver request was approved, then the plan shall include the affected program
and make any necessary amendments to ensure proper and lawful implementation.

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The plan may explicitly state which portions of statute, regulation, or requirements
have been waived.
6. If the waiver request was denied, then BIA shall provide notice to the tribe so it can
revise the plan accordingly. Such revisions may include, but are not limited to,
removing the related program from the 477 plan or including the program with
specific requirements/conditions in the 477 plan to reflect the decision.
7. Unless otherwise specified in the waiver approval, the duration of a waiver lasts only
as long as the 477 plan that is approved. Once the plan expires, if an Indian tribe
wants to include an agency’s program in a renewed 477 plan, the tribe must renew its
waiver request.
VI. Transfer and Award of Funds
A. Affected agencies shall inform BIA and the Indian tribe of the amount of Federal
funds to be transferred by the affected agency to BIA for the award to the tribe for its
approved 477 plan.
B. At the request of an Indian tribe, BIA shall award Federal funds to an eligible Indian tribe
pursuant to an existing contract, compact, or funding agreement awarded pursuant to
Title I or IV of the ISDEAA, as amended, within 45 days of BIA’s receipt of the funds.
The following language shall be included in contracts, compacts, or funding agreements
used to transfer Federal funds not eligible for contracting under ISDEAA (funds to which
Pub. L. 93-638 is not applicable):
In accordance with 25 U.S.C. sections 3411(b) and 3412(b), as has been the
practice, BIA permits Federal funds for [insert title of grant program] that the
relevant agency has transferred to BIA to be transferred to eligible Indian tribes
pursuant to existing contracts, compacts, or funding agreements awarded pursuant
to ISDEAA. However, including a program not otherwise eligible for ISDEAA in
a 477 plan, and transferring funds for that program to an Indian tribe pursuant to
an existing contract, compact, or funding agreement, does not make the program
eligible for contracting under ISDEAA and does not make the provisions of Pub.
L. 93-638 applicable to that program.
C. Affected agencies shall transfer funds to BIA no later than 30 days after the date the
apportionment to the affected agency has been approved by the Office of Management
and Budget (OMB) per 25 U.S.C. § 3412(a). If a program’s funding is subject to a
continuing resolution, transfers will be based on the availability of the funds as outlined
in the continuing resolution.
D. Some programs are subject to a Secretary’s one percent discretionary transfer. This may
result in withholding some of the funds or if funds have already been transferred, then the
funds subject to BIA’s discretionary transfer would be returned to the affected agency.
E. In the event of an overpayment, BIA shall return the excess funds to the affected agency
within 60 days of being notified that an overpayment was made. Overpayments may be
the result of rescissions, Secretary’s discretion for programs subject to a transfer, or
miscalculations.
VII. Oversight
A. Reports

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1. Prior to issuing a waiver, each affected agency may do a risk assessment and make a
determination as to the tribe’s financial and programmatic compliance in order to
mitigate the risk to Federal funds.
2. BIA shall oversee an Indian tribe’s administration of a plan. BIA shall develop and
use a single system and format for comprehensive Federal oversight and monitoring
to ensure that tribes operate Federal programs according to their approved plans.
3. BIA shall begin consultation with the Parties within 30 days from the signing of this
MOA to:
a. Develop a single OMB-approved statistical report format applicable to the
programs in approved plans, for Indian tribes to report on activities described in
their plans.
b. Develop a single OMB-approved financial report format for Indian tribes to report
on plan expenditures.
c. Develop and use a single system and format for comprehensive Federal oversight
and monitoring to ensure that Indian tribes operate Federal programs according to
their plans.
4. As per 25 U.S.C. § 3410(b)(2) and (3), the report format, together with records
maintained by each participating Indian tribe, shall contain information sufficient to
determine whether the Indian tribe: (1) has complied with the requirements of the
approved plan; (2) determine the number and percentage of program participants in
unsubsidized employment during the second quarter after exit from the program; and
(3) provide assurances to each applicable Federal department or agency that the
Indian tribe has complied with all directly applicable statutory and regulatory
requirements that have not been waived.
5. The report format shall not require a participating Indian tribe to report on the
expenditure of funds expressed by fund source or single agency code transferred to
the Indian tribe under an approved plan but instead shall require the Indian tribe to
submit a single report on the expenditure of consolidated funds under such plan.
6. Affected agencies will be given the opportunity to ask follow-up questions about the
reports.
7. BIA shall distribute to affected agencies, or post online, statistical and financial
reports within 30 days of the end of the reporting period.
8. Affected agencies shall, within 30 days of notification that program and expenditure
reports have been posted or made available, inform BIA of any issues (e.g., any
indication that program funds were not used for allowable purposes or other errors in
reporting).
VIII. Audits
A. BIA shall safeguard Federal funds, in consultation with each affected agency transferring
funds for a plan, pursuant to the requirements of the Single Audit Act of 1984, as
amended, including review of all audit reports and completion of all close-out duties for
the plans, by:
1. Requiring Indian tribes or tribal organizations that expend less than $750,000 in
Federal funds during a fiscal year to submit a certification that they are not required
to submit an audit to the Division of Internal Evaluation and Assessment and the
Awarding Official or Education Resource Officer.
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2. Providing the OMB with annual updates to the audit Compliance Supplement for all
programs included in a plan (e.g., annually updating the 477 Cluster and ensuring all
programs included in a plan are listed in the Cluster).
B. BIA is the lead agency and is responsible for implementation of the Act. BIA is
responsible for the receipt and distribution of all funds covered by a plan approved under
the Act. As such, BIA is responsible for rendering a management decision on any Single
Audit Act findings (e.g., resolving audit findings, preventing future findings) involving
Federal funds that BIA has transferred to Indian tribes to support their plans.
C. Affected agencies shall advise BIA of any facts or circumstances that will assist in
safeguarding Federal funds. BIA will work with each of the affected agencies to take
appropriate action after discussing such facts or circumstances.
IX. Monitoring
A. On-site monitoring will occur once every three years or as needed. The Director of the
BIA will consult the affected agencies on the single monitoring and oversight system and
the single model report it develops for Indian tribes with an approved plan in place, and
will include the affected agencies on the monitoring team and to provide any
recommendations, as appropriate, for corrective actions to include in the monitoring
report. BIA shall submit monitoring reports to affected agencies within 90 days of
completion of the on-site monitoring visit.
B. Affected agencies will advise and assist BIA in program monitoring subject to the
availability of resources.
X. Technical Assistance
A. BIA, in coordination with affected agencies, shall provide technical assistance to Indian
tribes related to audit findings or program activities.
B. Affected agencies shall advise and assist BIA and provide technical assistance to
Indian tribes, subject to the availability of resources.
C. When determined to be feasible, affected agencies shall inform BIA of technical
assistance activities (including those that may include site visits) made available to Indian
tribes through the originating program.
XI. Forum Meetings
A. Parties shall attend an annual meeting which includes participating Indian tribes, to be cochaired by a representative of the President and a representative of participating Indian
tribes. See 25 U.S.C. § 3410(a)(3)(B)(i).
B. BIA shall convene a forum comprised of the affected agencies and participating Indian
tribes to identify and resolve inter-agency conflicts and conflicts between the Federal
government and Indian tribes in the administration of the Act. See 25 U.S.C. §
3410(a)(3)(B)(iii).
XII. Annual Review
A. Affected agencies shall collaborate on BIA’s annual review of the achievements under
the Act, including the number and percentage of program participants in unsubsidized
employment during the second quarter after exit from the program, and any statutory,

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regulatory, administrative, or policy obstacles that prevent participating tribes from fully
and efficiently carrying out the purposes of the Act. See 25 U.S.C. § 3410(a)(3)(B)(ii).
XIII. Public Statements
A. The Parties shall coordinate all public statements and other disclosures with regard to
this MOA. No Party shall undertake any publicity regarding the MOA unless the
Parties consult in advance on the form, timing, and contents of any such publicity,
announcement, or disclosure.
B. Nothing in this section limits the Parties’ ability to respond to grantee inquiries regarding
the Act, individual 477 proposed plans, or this MOA.
XIV. Duration and Ability to Extend
A. This MOA becomes effective on the date of final signature. This MOA will be reviewed
by the Parties every five years. At any time, any Party, upon 90-day written notice to the
other Parties, may suggest amending this MOA. Any amendments to the MOA require
mutual agreement of the Parties. The MOA may be terminated by mutual agreement of
the Parties upon thirty (30) days advance notice of intent to terminate, or if the Act is
repealed or revoked.
XV. Commitment of Funds
A. Nothing in this MOA constitutes a commitment or obligation of funds. All activities
under this MOA are subject to the availability of funds.

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XVI. MOA Signatures of Parties

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End of Agreement

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Appendix A
A. This is a list of programs that tribes have historically been able to include in 477 plans.
These are examples shared in this MOA for the information of the new Parties by the
Parties participating in the 477 demonstration prior to passage of Pub. L. No. 115-93.
Department

Eligible Program

Health and Human Services

Temporary Assistance for Needy Families

Health and Human Services

Native Employment Works

Health and Human Services

Child Care and Development Fund

Health and Human Services

Community Service Block Grant

Interior

BIA: Job Placement and Training

Interior

General Assistance

Interior

BIE: Johnson O'Malley

Interior

Higher Education

Interior

Adult Education

Labor

WIOA Section 166, Indian and Native American
Programs

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