42 U.S.C. § 3057e–1: Distribution of funds…

Summary

Grants to tribal organizations in 1992 and later must be at least as large as the grant that group got in 1991, if money is available. If more money is provided in a later year than was provided in 1991, the Assistant Secretary can raise a tribe’s grant. The increase can be set so the grant matches or comes closer to the amount the tribe got in 1980. If a tribe got no grant in 1980 or 1991, the Assistant Secretary can set whatever amount they think is sufficient. For fiscal year 2006 and later, if a tribe was part of a consortium that received a 1991 grant, the Assistant Secretary will treat that tribe as having received a 1991 grant. The same rules above apply when that tribe files its own application, whether it applies alone or still as part of the consortium.

Title 42, §3057e–1

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

(a)Maintenance of 1991 amounts

Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to a tribal organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the tribal organization for fiscal year 1991.

(b)Use of additional amounts appropriated

If the funds appropriated to carry out this part in a fiscal year subsequent to fiscal year 1991 exceed the funds appropriated to carry out this part in fiscal year 1991, then the amount of the grant (if any) made under this part to a tribal organization for the subsequent fiscal year shall be—

(1)increased by such amount as the Assistant Secretary considers to be appropriate, in addition to the amount of any increase required by subsection (a), so that the grant equals or more closely approaches the amount of the grant made under this part to the tribal organization for fiscal year 1980; or

(2)an amount the Assistant Secretary considers to be sufficient if the tribal organization did not receive a grant under this part for either fiscal year 1980 or fiscal year 1991.

(c)Clarification

(1)Definition

In this subsection, the term “covered year” means fiscal year 2006 or a subsequent fiscal year.

(2)Consortia of tribal organizations

If a tribal organization received a grant under this part for fiscal year 1991 as part of a consortium, the Assistant Secretary shall consider the tribal organization to have received a grant under this part for fiscal year 1991 for purposes of subsections (a) and (b), and shall apply the provisions of subsections (a) and (b)(1) (under the conditions described in subsection (b)) to the tribal organization for each covered year for which the tribal organization submits an application under this part, even if the tribal organization submits—

(A)a separate application from the remaining members of the consortium; or

(B)an application as 1 of the remaining members of the consortium.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (c). Pub. L. 109–365 added subsec. (c). 1993—Subsec. (b). Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” in pars. (1) and (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 2006 Amendment Pub. L. 109–365, title VI, § 601(b), Oct. 17, 2006, 120 Stat. 2590, provided that: “The amendment made by subsection (a) [amending this section] shall apply to grants awarded under part A of title VI of the Older Americans Act of 1965 (42 U.S.C. 3057b et seq.) during the grant period beginning April 1, 2008, and all subsequent grant periods.”

§3057e–1 Distribution of Funds Among Tribal Organizations