42 U.S.C. § 612 : US Code - Section 612: Direct funding and administration by Indian tribes

Search 42 U.S.C. § 612 : US Code - Section 612: Direct funding and administration by Indian tribes

(a) Grants for Indian tribes
(1) Tribal family assistance grant
(A) In general
For each of fiscal years 1997, 1998, 1999, 2000, 2001, 2002,
and 2003, the Secretary shall pay to each Indian tribe that has
an approved tribal family assistance plan a tribal family
assistance grant for the fiscal year in an amount equal to the
amount determined under subparagraph (B), which shall be
reduced for a fiscal year, on a pro rata basis for each
quarter, in the case of a tribal family assistance plan
approved during a fiscal year for which the plan is to be in
effect, and shall reduce the grant payable under section
603(a)(1) of this title to any State in which lies the service
area or areas of the Indian tribe by that portion of the amount
so determined that is attributable to expenditures by the
State.
(B) Amount determined
(i) In general
The amount determined under this subparagraph is an amount
equal to the total amount of the Federal payments to a State
or States under section 603 of this title (as in effect
during such fiscal year) for fiscal year 1994 attributable to
expenditures (other than child care expenditures) by the
State or States under parts A and F of this subchapter (as so
in effect) for fiscal year 1994 for Indian families residing
in the service area or areas identified by the Indian tribe
pursuant to subsection (b)(1)(C) of this section.
(ii) Use of State submitted data
(I) In general
The Secretary shall use State submitted data to make each
determination under clause (i).
(II) Disagreement with determination
If an Indian tribe or tribal organization disagrees with
State submitted data described under subclause (I), the
Indian tribe or tribal organization may submit to the
Secretary such additional information as may be relevant to
making the determination under clause (i) and the Secretary
may consider such information before making such
determination.
(2) Grants for Indian tribes that received jobs funds
(A) In general
For each of fiscal years 1997, 1998, 1999, 2000, 2001, 2002,
and 2003, the Secretary shall pay to each eligible Indian tribe
that proposes to operate a program described in subparagraph
(C) a grant in an amount equal to the amount received by the
Indian tribe in fiscal year 1994 under section 682(i) of this
title (as in effect during fiscal year 1994).
(B) Eligible Indian tribe
For purposes of subparagraph (A), the term "eligible Indian
tribe" means an Indian tribe or Alaska Native organization that
conducted a job opportunities and basic skills training program
in fiscal year 1995 under section 682(i) of this title (as in
effect during fiscal year 1995).
(C) Use of grant
Each Indian tribe to which a grant is made under this
paragraph shall use the grant for the purpose of operating a
program to make work activities available to such population
and such service area or areas as the tribe specifies.
(D) Appropriation
Out of any money in the Treasury of the United States not
otherwise appropriated, there are appropriated $7,633,287 for
each fiscal year specified in subparagraph (A) for grants under
subparagraph (A).
(3) Welfare-to-work grants
(A) In general
The Secretary of Labor shall award a grant in accordance with
this paragraph to an Indian tribe for each fiscal year
specified in section 603(a)(5)(H) of this title for which the
Indian tribe is a welfare-to-work tribe, in such amount as the
Secretary of Labor deems appropriate, subject to subparagraph
(B) of this paragraph.
(B) Welfare-to-work tribe
An Indian tribe shall be considered a welfare-to-work tribe
for a fiscal year for purposes of this paragraph if the Indian
tribe meets the following requirements:
(i) The Indian tribe has submitted to the Secretary of
Labor a plan which describes how, consistent with section
603(a)(5) of this title, the Indian tribe will use any funds
provided under this paragraph during the fiscal year. If the
Indian tribe has a tribal family assistance plan, the plan
referred to in the preceding sentence shall be in the form of
an addendum to the tribal family assistance plan.
(ii) The Indian tribe is operating a program under a tribal
family assistance plan approved by the Secretary of Health
and Human Services, a program described in paragraph (2)(C),
or an employment program funded through other sources under
which substantial services are provided to recipients of
assistance under a program funded under this part.
(iii) The Indian tribe has provided the Secretary of Labor
with an estimate of the amount that the Indian tribe intends
to expend during the fiscal year (excluding tribal
expenditures described in section 609(a)(7)(B)(iv) (other
than subclause (III) thereof) of this title) pursuant to this
paragraph.
(iv) The Indian tribe has agreed to negotiate in good faith
with the Secretary of Health and Human Services with respect
to the substance and funding of any evaluation under section
613(j) of this title, and to cooperate with the conduct of
any such evaluation.
(C) Limitations on use of funds
(i) In general
Section 603(a)(5)(C) of this title shall apply to funds
provided to Indian tribes under this paragraph in the same
manner in which such section applies to funds provided under
section 603(a)(5) of this title.
(ii) Waiver authority
The Secretary of Labor may waive or modify the application
of a provision of section 603(a)(5)(C) (other than clause
(viii) thereof) of this title with respect to an Indian tribe
to the extent necessary to enable the Indian tribe to operate
a more efficient or effective program with the funds provided
under this paragraph.
(iii) Regulations
Within 90 days after August 5, 1997, the Secretary of
Labor, after consultation with the Secretary of Health and
Human Services and the Secretary of Housing and Urban
Development, shall prescribe such regulations as may be
necessary to implement this paragraph.
(b) 3-year tribal family assistance plan
(1) In general
Any Indian tribe that desires to receive a tribal family
assistance grant shall submit to the Secretary a 3-year tribal
family assistance plan that -
(A) outlines the Indian tribe's approach to providing welfare-
related services for the 3-year period, consistent with this
section;
(B) specifies whether the welfare-related services provided
under the plan will be provided by the Indian tribe or through
agreements, contracts, or compacts with intertribal consortia,
States, or other entities;
(C) identifies the population and service area or areas to be
served by such plan;
(D) provides that a family receiving assistance under the
plan may not receive duplicative assistance from other State or
tribal programs funded under this part;
(E) identifies the employment opportunities in or near the
service area or areas of the Indian tribe and the manner in
which the Indian tribe will cooperate and participate in
enhancing such opportunities for recipients of assistance under
the plan consistent with any applicable State standards; and
(F) applies the fiscal accountability provisions of section
5(f)(1) of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450c(f)(1)), relating to the
submission of a single-agency audit report required by chapter
75 of title 31.
(2) Approval
The Secretary shall approve each tribal family assistance plan
submitted in accordance with paragraph (1).
(3) Consortium of tribes
Nothing in this section shall preclude the development and
submission of a single tribal family assistance plan by the
participating Indian tribes of an intertribal consortium.
(c) Minimum work participation requirements and time limits
The Secretary, with the participation of Indian tribes, shall
establish for each Indian tribe receiving a grant under this
section minimum work participation requirements, appropriate time
limits for receipt of welfare-related services under the grant, and
penalties against individuals -
(1) consistent with the purposes of this section;
(2) consistent with the economic conditions and resources
available to each tribe; and
(3) similar to comparable provisions in section 607(e) of this
title.
(d) Emergency assistance
Nothing in this section shall preclude an Indian tribe from
seeking emergency assistance from any Federal loan program or
emergency fund.
(e) Accountability
Nothing in this section shall be construed to limit the ability
of the Secretary to maintain program funding accountability
consistent with -
(1) generally accepted accounting principles; and
(2) the requirements of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450 et seq.).
(f) Eligibility for Federal loans
Section 606 of this title shall apply to an Indian tribe with an
approved tribal assistance plan in the same manner as such section
applies to a State, except that section 606(c) of this title shall
be applied by substituting "section 612(a)" for "section 603(a)".
(g) Penalties
(1) Subsections (a)(1), (a)(6), (b), and (c) of section 609 of
this title, shall apply to an Indian tribe with an approved tribal
assistance plan in the same manner as such subsections apply to a
State.
(2) Section 609(a)(3) of this title shall apply to an Indian
tribe with an approved tribal assistance plan by substituting "meet
minimum work participation requirements established under section
612(c) of this title" for "comply with section 607(a) of this
title".
(h) Data collection and reporting
Section 611 of this title shall apply to an Indian tribe with an
approved tribal family assistance plan.
(i) Special rule for Indian tribes in Alaska
(1) In general
Notwithstanding any other provision of this section, and except
as provided in paragraph (2), an Indian tribe in the State of
Alaska that receives a tribal family assistance grant under this
section shall use the grant to operate a program in accordance
with requirements comparable to the requirements applicable to
the program of the State of Alaska funded under this part.
Comparability of programs shall be established on the basis of
program criteria developed by the Secretary in consultation with
the State of Alaska and such Indian tribes.
(2) Waiver
An Indian tribe described in paragraph (1) may apply to the
appropriate State authority to receive a waiver of the
requirement of paragraph (1).