Title 42 — The Public Health and Welfare
Chapter 106 — Community Services Block Grant Program
§ 9911. Payments to Indian tribes
Statutory text
Reservation
If, with respect to any State, the Secretary—
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
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,
the Secretary shall reserve from amounts that would otherwise be allotted to such State under section 9906 of this title for the fiscal year the amount determined under subsection (b).
Determination of reserved amount
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.
Awards
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.
Plan
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.
Definitions
In this section:
Indian tribe; tribal organization
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.
Indian
The term “Indian” means a member of an Indian tribe or of a tribal organization.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–35 title VI § 677 · 95 Stat. 357
Enacted · 42 U.S.C. § 9911
(Pub. L. 97–35, title VI, § 677, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2741.)
Source evidence
Code source credit
(Pub. L. 97–35, title VI, § 677, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2741.)Enacted provision · exact public law section
Sec. 677. nondiscrimination provisions (a) No person shall on the ground of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this subtitle. Any prohibition against discrimination on the basis of age 42 USC 6101 note. 29 USC 794. under the Age Discrimination Act of 1975 or with respect to an otherwise qualified handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 shall also apply to any such program or activity. (b) Whenever the Secretary determines that a State that has received a payment under this subtitle has failed to comply with subsection (a) or an applicable regulation, he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed 60 days, the chief executive officer fails or refuses to secure compliance, the Secretary is authorized to (1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted; (2) exercise the powers and functions provided by title VI 42 USC 2000d. of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, as may be applicable; or (3) take such other action as may be provided by law. (c) When a matter is referred to the Attorney General pursuant to subsection (b), or whenever he has reason to believe that the State is engaged in a pattern or practice in violation of the provisions of this section, the Attorney General may bring a civil action in any appropriate United States district court for such relief as may be appropriate, including injunctive relief.
1 of 1 references resolved to an enrolled provision
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), , 104 Stat. 1254; amended Pub. L. 103–171, § 7(b), , 107 Stat. 1993; renumbered § 683, Pub. L. 103–252, title II, § 205(1), , 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, , 95 Stat. 518; Pub. L. 97–115, § 17(c), , 95 Stat. 1609; Pub. L. 97–274, , 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.
Credits
(Pub. L. 97–35, title VI, § 677, as added Pub. L. 105–285, title II, § 201, , 112 Stat. 2741.)