§9911 — Title 42 The Public Health and Welfare | U.S. Code

Summary

If a tribe or tribal group in a State asks to get funds directly, and the Secretary decides the tribe’s people would be better served that way, the Secretary must set aside from the State’s allotment at least 100 percent of an amount equal to the State allotment multiplied by the ratio of the tribe’s eligible Indian population to the total number of people in the State eligible for a community services block grant. The money set aside must be given as a grant to the tribe or tribal organization for those people. To get a grant for a fiscal year, the tribe must send a yearly plan that meets the Secretary’s rules. “Indian tribe” or “tribal organization” means a recognized tribe, band, or organized group in the State or recognized by the Secretary of the Interior. “Indian” means a member of such a tribe or organization.

Title 42, §9911

The Public Health and Welfare — Source: USLM XML via OLRC

(a)If, with respect to any State, the Secretary—

(1)receives a request from the governing body of an Indian tribe or tribal organization within the State that assistance under this chapter be made directly to such tribe or organization; and

(2)determines that the members of such tribe or tribal organization would be better served by means of grants made directly to provide benefits under this chapter,

(b)The Secretary shall reserve for the purpose of subsection (a) from amounts that would otherwise be allotted to such State, not less than 100 percent of an amount that bears the same ratio to the State allotment for the fiscal year involved as the population of all eligible Indians for whom a determination has been made under subsection (a) bears to the population of all individuals eligible for assistance through a community services block grant made under this chapter in such State.

(c)The sums reserved by the Secretary on the basis of a determination made under subsection (a) shall be made available by grant to the Indian tribe or tribal organization serving the individuals for whom such a determination has been made.

(d)In order for an Indian tribe or tribal organization to be eligible for a grant award for a fiscal year under this section, the tribe or organization shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation.

(e)In this section:

(1)The terms “Indian tribe” and “tribal organization” mean a tribe, band, or other organized group recognized in the State in which the tribe, band, or group resides, or considered by the Secretary of the Interior, to be an Indian tribe or an Indian organization for any purpose.

(2)The term “Indian” means a member of an Indian tribe or of a tribal organization.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9911, Pub. L. 97–35, title VI, § 683, formerly § 682, as added Pub. L. 101–501, title IV, § 407(a), Nov. 3, 1990, 104 Stat. 1254; amended Pub. L. 103–171, § 7(b), Dec. 2, 1993, 107 Stat. 1993; renumbered § 683, Pub. L. 103–252, title II, § 205(1), May 18, 1994, 108 Stat. 655, related to annual reports by Secretary, prior to the general amendment of this chapter by Pub. L. 105–285. Another prior section 9911, Pub. L. 97–35, title VI, § 682, Aug. 13, 1981, 95 Stat. 518; Pub. L. 97–115, § 17(c), Dec. 29, 1981, 95 Stat. 1609; Pub. L. 97–274, Sept. 30, 1982, 96 Stat. 1183, related to transition provisions, prior to repeal by Pub. L. 101–501, § 407(a). A prior section 677 of Pub. L. 97–35 was classified to section 9906 of this title, prior to the general amendment of this chapter by Pub. L. 105–285.

§9911 Payments to Indian tribes

Summary

Title 42, §9911

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Citations & Metadata