42 U.S.C. § 2991b : US Code - Section 2991B: Financial assistance for Native American projects

Search 42 U.S.C. § 2991b : US Code - Section 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.