B-114868, JUL 9, 1975

B-114868, JUL 9, 1975

ALTHOUGH TITLE III, SPECIAL INDIAN MANPOWER PROGRAMS OF COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, PUB. L. NO. 93-203, 87 STAT. 839 (DECEMBER 28, 1973), MAY NOT BE OPERATED WITH TITLE I FUNDS, TITLE I PRIME SPONSORS WITH SIGNIFICANT INDIAN POPULATIONS MAY CONDUCT INDIVIDUAL PROJECTS DESIGNED BASICALLY FOR INDIANS AS PART OF THEIR OVERALL MANPOWER PROGRAMS WHERE SUCH PROJECTS ARE NECESSARY TO MEET THE MANPOWER NEEDS OF INDIANS WITHIN THEIR JURISDICTION, SINCE TITLE I PRIME SPONSORS HAVE SAME OBLIGATION TO INDIANS AS TO OTHER SIGNIFICANT SEGMENTS OF UNEMPLOYED OR UNDEREMPLOYED PERSONS. SEE B-114868, JANUARY 28, 1975.

USE OF TITLE I FUNDS OF COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 FOR INDIAN MANPOWER PROGRAMS:

THIS IS TO THE SECRETARY OF LABOR IN RESPONSE TO A LETTER DATED MAY 28, 1975, AND MEMORANDUM OF LAW FROM THE SOLICITOR OF THE DEPARTMENT OF LABOR WHEREIN HE REQUESTS THAT WE CLARIFY OUR DECISION, B-114868, JANUARY 28, 1975, CONCERNING THE USE OF TITLE I FUNDS OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 (CETA), PUB. L. NO. 93-203, 87 STAT. 839 (DECEMBER 28, 1973), FOR THE SUPPORT OF INDIAN MANPOWER TRAINING PROGRAMS.

IN THE PRIOR DECISION WE STATED THAT CONGRESS INTENDED SPECIAL INDIAN MANPOWER PROGRAMS TO BE OPERATED UNDER TITLE III, AND THAT TITLE I FUNDS WERE TO BE USED BY THE STATES TO MEET THEIR GENERAL PROGRAM OBJECTIVES. WE SPECIFICALLY STATED THAT NOTHING THEREIN SHOULD BE CONSTRUED AS EXCLUDING INDIANS, AS INDIVIDUALS, FROM GENERAL STATE TITLE I PROGRAMS FOR THE UNEMPLOYED. THE PURPOSE OF THIS DECISION IS TO CLARIFY THE EXTENT TO WHICH TITLE I FUNDS MAY BE UTILIZED IN SUPPORT OF PROGRAMS BENEFITTING INDIAN POPULATIONS.

TITLE I PRIME SPONSORS HAVE EXACTLY THE SAME OBLIGATION TO INDIANS WHO RESIDE WITHIN THEIR JURISDICTION AS THEY HAVE TO OTHER INDIVIDUALS OR GROUPS UNDER THE MANDATE OF SECTION 108(D) THAT A PRIME SPONSOR MUST "*** SERVE EQUITABLY THE ECONOMICALLY DISADVANTAGED, UNEMPLOYED, OR UNDEREMPLOYED PERSONS IN THE AREA IT SERVES." WHILE THIS SECTION DOES NOT INDICATE THAT THE SPECIAL INDIAN MANPOWER PROGRAMS, PROVIDED FOR IN TITLE III, MAY BE OPERATED WITH TITLE I FUNDS, WE ARE OF THE VIEW THAT PRIME SPONSORS IN ESTABLISHING PROGRAMS UNDER TITLE I MUST CONSIDER THE NEEDS OF INDIVIDUAL INDIANS WITHIN THEIR JURISDICTION, INCLUDING THOSE COLLECTIVE NEEDS WHICH ARE COMMON TO ANY GROUP OF WHICH SUCH INDIANS MAY BE CONSIDERED A PART. THOSE STATES WHICH RECEIVE INCREASED FUNDS WITH WHICH TO MEET THEIR GENERAL PROGRAM OBJECTIVES UNDER TITLE I ALLOCATION FORMULAS BECAUSE OF THEIR SIGNIFICANT INDIAN POPULATIONS MAY NOT DENY A PORTION OF THOSE FUNDS TO INDIVIDUALS IN NEED OF TITLE I MANPOWER SERVICES JUST BECAUSE THEY ARE INDIANS.

TITLE I PRIME SPONSORS MUST HAVE FLEXIBILITY IN DESIGNING THE INDIVIDUAL PROJECTS THAT ARE UTILIZED TO CARRY OUT THEIR GENERAL PROGRAM OBJECTIVES AND THEIR OVERALL MANPOWER PLANS. SUFFICIENT FLEXIBILITY IN DESIGNING AND APPROVING PROJECTS NECESSARILY TAKES INTO ACCOUNT THAT, WHEN WARRANTED, APPROVAL MAY BE GIVEN TO INDIVIDUAL PROJECTS DESIGNED TO SERVE THE COLLECTIVE NEEDS OF PARTICULAR INDIVIDUALS AND GROUPS. AS LONG AS SUCH PROJECTS COME WITHIN THE PRIME SPONSOR'S GENERAL PROGRAM OBJECTIVES AND CARRY OUT ITS MANDATE TO ADMINISTER AN OVERALL MANPOWER PLAN THAT WILL MEET THE NEEDS OF ALL THE UNDEREMPLOYED AND UNEMPLOYED PERSONS IN THE AREA IT SERVES, THEY MAY BE CONDUCTED EVEN THOUGH A BENEFICIARY GROUP IS COMPRISED WHOLLY OF INDIANS.

PARTICULAR PROJECTS DESIGNED TO CARRY OUT A PRIME SPONSOR'S GENERAL PROGRAM OBJECTIVES AND OVERALL MANPOWER PLAN BY INCLUDING THE NEEDS OF INDIANS ARE THUS PERMITTED UNDER TITLE I OF CETA. INDEED, PRIME SPONSORS WITH LARGE NUMBERS OF INDIANS IN THEIR POPULATIONS MAY NOT EXCLUDE PROJECTS FOR INDIANS FROM THEIR OVERALL MANPOWER PROGRAMS, AND MUST DEAL WITH THE NEEDS OF SUCH INDIANS IN THE SAME MANNER AS THEY DEAL WITH THE NEEDS OF OTHER SIGNIFICANT SEGMENTS OF UNEMPLOYED OR UNDEREMPLOYED PERSONS IN THE AREAS THEY SERVE.

OUR DECISION OF JANUARY 28, 1975, B-114868, IS CLARIFIED ACCORDINGLY.