
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2991b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER VIII--NATIVE AMERICAN PROGRAMS
 
Sec. 2991b. Financial assistance for Native American projects


(a) Authorization for financial assistance to public and nonprofit 
        agencies; consultation with other Federal agencies to avoid 
        duplication

    The Commissioner is authorized to provide financial assistance, on a 
single year or multiyear basis, to public and nonprofit private 
agencies, including but not limited to, governing bodies of Indian 
tribes on Federal and State reservations, Alaska Native villages and 
regional corporations established by the Alaska Native Claims Settlement 
Act [43 U.S.C. 1601 et seq.], and such public and nonprofit private 
agencies serving Native Hawaiians, and Indian and Alaska Native 
organizations in urban or rural areas that are not Indian reservations 
or Alaska Native villages, for projects pertaining to the purposes of 
this subchapter. The Commissioner is authorized to provide financial 
assistance to public and nonprofit private agencies serving other Native 
American Pacific Islanders (including American Samoan Natives) for 
projects pertaining to the purposes of this Act. In determining the 
projects to be assisted under this subchapter, the Commissioner shall 
consult with other Federal agencies for the purpose of eliminating 
duplication or conflict among similar activities or projects and for the 
purpose of determining whether the findings resulting from those 
projects may be incorporated into one or more programs for which those 
agencies are responsible. Every determination made with respect to a 
request for financial assistance under this section shall be made 
without regard to whether the agency making such request serves, or the 
project to be assisted is for the benefit of, Indians who are not 
members of a federally recognized tribe. To the greatest extent 
practicable, the Commissioner shall ensure that each project to be 
assisted under this subchapter is consistent with the priorities 
established by the agency which receives such assistance.

(b) Limitations of financial assistance; exceptions; non-Federal 
        contributions

    Financial assistance extended to an agency under this subchapter 
shall not exceed 80 per centum of the approved costs of the assisted 
project, except that the Commissioner may approve assistance in excess 
of such percentage if the Commissioner determines, in accordance with 
regulations establishing objective criteria, that such action is 
required in furtherance of the purposes of this subchapter. Non-Federal 
contributions may be in cash or in kind, fairly evaluated, including but 
not limited to plant, equipment, and services. The Commissioner shall 
not require non-Federal contributions in excess of 20 per centum of the 
approved costs of programs or activities assisted under this subchapter.

(c) Assistance as addition to, and not substitution for, activities 
        previously carried out without Federal assistance; waiver; 
        nonreservation areas

    (1) No project shall be approved for assistance under this 
subchapter unless the Commissioner is satisfied that the activities to 
be carried out under such project will be in addition to, and not in 
substitution for, comparable activities previously carried out without 
Federal assistance, except that the Commissioner may waive this 
requirement in any case in which the Commissioner determines, in 
accordance with regulations establishing objective criteria, that 
application of the requirement would result in unnecessary hardship or 
otherwise be inconsistent with the purposes of this subchapter.
    (2) No project may be disapproved for assistance under this 
subchapter solely because the agency requesting such assistance is an 
Indian organization in a nonreservation area or serves Indians in a 
nonreservation area.

(d) Grants to improve tribal regulation of environmental quality

    (1) The Commissioner shall award grants to Indian tribes for the 
purpose of funding 80 percent of the costs of planning, developing, and 
implementing programs designed to improve the capability of the 
governing body of the Indian tribe to regulate environmental quality 
pursuant to Federal and tribal environmental laws.
    (2) The purposes for which funds provided under any grant awarded 
under paragraph (1) may be used include, but are not limited to--
        (A) the training and education of employees responsible for 
    enforcing, or monitoring compliance with, environmental quality 
    laws,
        (B) the development of tribal laws on environmental quality, and
        (C) the enforcement and monitoring of environmental quality 
    laws.

    (3) The 20 percent of the costs of planning, developing, and 
implementing a program for which a grant is awarded under paragraph (1) 
that are not to be paid from such grant may be paid by the grant 
recipient in cash or through the provision of property or services, but 
only to the extent that such cash or property is from any source 
(including any Federal agency) other than a program, contract, or grant 
authorized under this subchapter.
    (4) Grants shall be awarded under paragraph (1) on the basis of 
applications that are submitted by Indian tribes to the Commissioner in 
such form as the Commissioner shall prescribe.

(Pub. L. 88-452, title VIII, Sec. 803, as added Pub. L. 93-644, Sec. 11, 
Jan. 4, 1975, 88 Stat. 2324; amended Pub. L. 95-568, Sec. 17(a)(39), 
Nov. 2, 1978, 92 Stat. 2443; Pub. L. 98-558, title X, Sec. 1002, Oct. 
30, 1984, 98 Stat. 2905; Pub. L. 100-175, title V, Secs. 502(1), 504(a), 
506(c)(2), Nov. 29, 1987, 101 Stat. 973, 975, 978; Pub. L. 101-408, 
Sec. 2, Oct. 4, 1990, 104 Stat. 883; Pub. L. 102-375, title VIII, 
Sec. 822(1), (21), Sept. 30, 1992, 106 Stat. 1295, 1300; Pub. L. 102-
497, Sec. 9(a), Oct. 24, 1992, 106 Stat. 3257; Pub. L. 103-171, 
Sec. 5(2), Dec. 2, 1993, 107 Stat. 1991.)

                       References in Text

    The Alaska Native Claims Settlement Act, referred to in subsec. (a), 
is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is 
classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, 
Public Lands. For complete classification of this Act to the Code, see 
Short Title note set out under section 1601 of Title 43 and Tables.
    This Act, referred to in subsec. (a), probably means the Native 
American Programs Act of 1974, Pub. L. 88-452, title VIII, as added by 
Pub. L. 93-644, Sec. 11, Jan. 4, 1975, 88 Stat. 2324, which is 
classified generally to this subchapter, see section 2991 of this title.


                            Prior Provisions

    A prior section 2991b, Pub. L. 88-452, title VIII, Sec. 803, as 
added Pub. L. 89-794, title VIII, Sec. 801, Nov. 8, 1966, 80 Stat. 1473, 
provided for stipend for volunteers, living, travel, and leave 
allowances, and subsistence, prior to the general amendment of this 
subchapter by Pub. L. 90-222, title I, Sec. 110, Dec. 23, 1967, 81 Stat. 
722.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-171 substituted ``areas that are not 
Indian reservations or Alaska Native villages'' for ``nonreservation 
areas''.
    1992--Subsec. (a). Pub. L. 102-497 struck out ``, subject to the 
availability of funds appropriated under the authority of section 
2992d(c) of this title,'' after ``Commissioner is authorized'' in second 
sentence.
    Pub. L. 102-375, Sec. 822(21), substituted ``Alaska Native 
villages'' for ``Alaskan Native villages''.
    Pub. L. 102-375, Sec. 822(1)(A), (B)(i), substituted 
``Commissioner'' for ``Secretary'' wherever appearing and substituted 
``Indian and Alaska Native organizations'' for ``Indian organizations''.
    Pub. L. 102-375, Sec. 822(1)(B)(ii), which directed the substitution 
of ``area that is not an Indian reservation or Alaska Native village'' 
for ``nonreservation area'', could not be executed because the words 
``nonreservation area'' did not appear.
    Subsecs. (b), (c)(1), (d)(1), (4). Pub. L. 102-375, Sec. 822(1)(A), 
substituted ``Commissioner'' for ``Secretary'' wherever appearing.
    1990--Subsec. (d). Pub. L. 101-408 added subsec. (d).
    1987--Subsec. (a). Pub. L. 100-175, Sec. 506(c)(2), substituted 
``Native Hawaiians'' for ``Hawaiian Natives''.
    Pub. L. 100-175, Secs. 502(1), 504(a), inserted ``, on a single year 
or multiyear basis,'' after ``assistance'' in first sentence and 
inserted after first sentence ``The Secretary is authorized, subject to 
the availability of funds appropriated under the authority of section 
2992d(c) of this title, to provide financial assistance to public and 
nonprofit private agencies serving other Native American Pacific 
Islanders (including American Samoan Natives) for projects pertaining to 
the purposes of this Act.''
    1984--Subsec. (a). Pub. L. 98-558, Sec. 1002(a), inserted at end 
``Every determination made with respect to a request for financial 
assistance under this section shall be made without regard to whether 
the agency making such request serves, or the project to be assisted is 
for the benefit of, Indians who are not members of a federally 
recognized tribe. To the greatest extent practicable, the Secretary 
shall ensure that each project to be assisted under this subchapter is 
consistent with the priorities established by the agency which receives 
such assistance.''
    Subsec. (c)(1). Pub. L. 98-558, Sec. 1002(b), designated existing 
provisions as par. (1) and added par. (2).
    1978--Pub. L. 95-568 substituted in subsecs. (b) and (c) ``the 
Secretary determines'' for ``he determines''.


                    Effective Date of 1987 Amendment

    Amendment by sections 502(1) and 504(a) of Pub. L. 100-175 effective 
Oct. 1, 1987, and amendment by section 506(c)(2) of Pub. L. 100-175 
effective upon expiration of 90-day period beginning Nov. 29, 1987, see 
section 701(a), (c) of Pub. L. 100-175, set out as a note under section 
3001 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 2991b-2, 2991b-3, 2991d-1, 
2991f, 2992d of this title.
