United Urban Indian
Council, Inc. v. USDOL and Citizen Potawatomi Nation, 2000-WIA-4 (ALJ Dec. 12,
2000)
U.S. Department of
Labor
Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC
20001-8002
Date Issued: 12/12/00
Case Number: 2000-WIA-4
In the Matter of
UNITED URBAN INDIAN COUNCIL, INC.,
Complainant,
v.
U.S. DEPARTMENT OF LABOR,
Respondent,
and
CITIZEN POTAWATOMI NATION,
Party-in-Interest.
DECISION AND ORDER
This matter arises under Title I of the Workforce Investment Act (WIA), 29
U.S.C. § 2911, et seq., and the regulations thereunder at 20 C.F.R. §§ 626-668.
Title I of the WIA governs the Indian and Native American (INA) Program which is designed to
provide and coordinate employment and training services to eligible Native Americans residing in
designated program areas.
Statement of the Case
On September 13, 1999, the Department of Labor (DOL) solicited applications
for WIA-INA grants. The United Urban Indian Council d/b/a American Indian Education Training
and Employment Center (UUIC), the incumbent grantee, submitted an application to serve Cleveland
County and Oklahoma County, Oklahoma. The Citizen Potawatomi Nation (Potawatomi) also
submitted an application to serve Cleveland County and that portion of Oklahoma County
that is within the tribal jurisdiction statistical area (TJSA). By letter dated March 1, 2000, the Grant
Officer informed UUIC that it was re-designated to serve as grantee of its current jurisdiction, with
the exception of Cleveland County and the TJSA portion of Oklahoma County. The Grant Officer
designated the Potawatomi as the recipient of the grant for Cleveland County after competition
yielded a score of 65 points, out of a possible 100 points, for UUIC and 90 out of 100 points for the
Potawatomi. The Potawatomi was awarded the grant for the TJSA of Oklahoma County on the
grounds that the Potawatomi has highest priority as the only applicant with jurisdiction over the
area.1[Page 2]
1Although several other tribes share
jurisdiction over the area with the Potowatomi, namely the Iowa Tribe of Oklahoma, the Kickapoo
Tribe of Oklahoma, and the Sac and Fox Tribe of Oklahoma, the other tribes did not apply for the
grant. Furthermore, the Chairman and Secretary of the Iowa tribe signed a resolution authorizing the
Potawatomi to provide employment services and a job training program in their TJSA.
2The Grant Officer's reliance upon data
from the Census Bureau is supported by the WIA. See § 182(a), 29 U.S.C. §
2932 (1998) ("All data relating to disadvantaged adults and disadvantaged youth shall be based
on the most satisfactory data from the Bureau of the Census"); see also 20 CFR
§§ 646.510 and 668.296(b)(3).
3Judicial notice is hereby taken of the
census data relied upon by the Grant Officer to determine that the area in question qualifies as a TJSA
over which the Potawatomi has jurisdiction. See, e.g., United States v. Esquivel, 88 F.3d 722
(9th Cir. 1996) (taking judicial notice of census data submitted by the government).
4It is noteworthy that at 20 CFR
§ 646.510 the DOL regulations administering the INA - Welfare to Work Program specifically
provide that "in Oklahoma, service areas will be determined by reference to the 'tribal
jurisdiction statistical areas' (TJSAs)." Although the WIA regulations do not contain a similar
provision, it may be argued that the Department should determine service areas in Oklahoma under
both statutes in a uniform manner, thereby providing further support for the Grant Officer's decision.