The plan submitted by a tribal government may involve the expenditure of funds for the creation of employment opportunities and for the development of the economic resources of the tribal government or of individual Indian people if such expenditures are consistent with an overall regional economic activity which has a reasonable likelihood of success and consistent with the purposes specifically applicable to Indian programs in the statute under which the funds are authorized.

The percentage of funds that a tribal government may use under this subsection is the greater of—

(1) In general Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this chapter, a tribal government may use a percentage of the funds made available under this chapter (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 3409 of this title.

The percentage of funds that a tribal government may use under this subsection is the greater of—

(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or

(B) 10 percent.

The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.

(Pub. L. 102–477, § 9, Oct. 23, 1992, 106 Stat. 2303; Pub. L. 106–568, title XI, § 1103(e), Dec. 27, 2000, 114 Stat. 2932.)