42 U.S.C. § 9911 — Payments to Indian tribes

Page 7957 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9911 under clause (i) resides in the neighborhood represented by the member; and (C) the remainder of the members are offi- cials or members of business, industry, labor, religious, law enforcement, education, or other major groups and interests in the community served. (b) Public organizations In order for a public organization to be consid- ered to be an eligible entity for purposes of sec- tion 9902(1) of this title, the entity shall admin- ister the community services block grant pro- gram through— (1) a tripartite board, which shall have mem- bers selected by the organization and shall be composed so as to assure that not fewer than 1⁄3 of the members are persons chosen in ac- cordance with democratic selection procedures adequate to assure that these members— (A) are representative of low-income indi- viduals and families in the neighborhood served; (B) reside in the neighborhood served; and (C) are able to participate actively in the development, planning, implementation, and evaluation of programs funded under this chapter; or (2) another mechanism specified by the State to assure decisionmaking and participa- tion by low-income individuals in the develop- ment, planning, implementation, and evalua- tion of programs funded under this chapter. (Pub. L. 97–35, title VI, § 676B, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2740.) Editorial Notes PRIOR PROVISIONS Prior sections 9910 and 9910a were omitted in the gen- eral amendment of this chapter by Pub. L. 105–285. Section 9910, Pub. L. 97–35, title VI, § 681, Aug. 13, 1981, 95 Stat. 518; Pub. L. 98–558, title II, § 204, Oct. 30, 1984, 98 Stat. 2886; Pub. L. 99–425, title IV, § 405(a), (b), Sept. 30, 1986, 100 Stat. 969, 970; Pub. L. 101–501, title IV, §§ 405, 407(b), Nov. 3, 1990, 104 Stat. 1252, 1255; Pub. L. 103–171, § 7(a), Dec. 2, 1993, 107 Stat. 1993; Pub. L. 103–252, title II, § 203, May 18, 1994, 108 Stat. 654, related to the discre- tionary authority of the Secretary. Section 9910a, Pub. L. 97–35, title VI, § 681A, as added Pub. L. 98–558, title II, § 206, Oct. 30, 1984, 98 Stat. 2886; amended Pub. L. 99–425, title IV, § 406, Sept. 30, 1986, 100 Stat. 970; Pub. L. 101–501, title IV, §§ 401(b), 406, Nov. 3, 1990, 104 Stat. 1251, 1253; Pub. L. 103–171, § 7(c)(4), Dec. 2, 1993, 107 Stat. 1994; Pub. L. 103–252, title II, § 204, May 18, 1994, 108 Stat. 655, related to community food and nutri- tion. A prior section 9910b, Pub. L. 99–425, title IV, § 408, Sept. 30, 1986, 100 Stat. 972, as amended, which related to demonstration partnership agreements addressing needs of poor, was transferred to section 9925 of this title. A prior section 9910c, Pub. L. 97–35, title VI, § 682, as added Pub. L. 103–252, title II, § 205(2), May 18, 1994, 108 Stat. 655; amended Pub. L. 105–244, title I, § 102(a)(13)(I), Oct. 7, 1998, 112 Stat. 1621, related to national or re- gional programs designed to provide instructional ac- tivities for low-income youth, prior to the general amendment of this chapter by Pub. L. 105–285. A prior section 9910d, Pub. L. 100–485, title V, § 505, Oct. 13, 1988, 102 Stat. 2404, as amended, which related to demonstration partnership agreements addressing needs of poor, was transferred to section 9926 of this title. § 9911. Payments to Indian tribes (a) Reservation If, with respect to any State, the Secretary— (1) 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 orga- nization; and (2) 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). (b) Determination of reserved amount The Secretary shall reserve for the purpose of subsection (a) from amounts that would other- wise 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 in- volved as the population of all eligible Indians for whom a determination has been made under subsection (a) bears to the population of all indi- viduals eligible for assistance through a commu- nity services block grant made under this chap- ter in such State. (c) 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 In- dian tribe or tribal organization serving the in- dividuals for whom such a determination has been made. (d) Plan In order for an Indian tribe or tribal organiza- tion to be eligible for a grant award for a fiscal year under this section, the tribe or organiza- tion shall submit to the Secretary a plan for such fiscal year that meets such criteria as the Secretary may prescribe by regulation. (e) Definitions In this section: (1) Indian tribe; tribal organization The terms ‘‘Indian tribe’’ and ‘‘tribal organi- zation’’ 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 pur- pose. (2) Indian The term ‘‘Indian’’ means a member of an Indian tribe or of a tribal organization. (Pub. L. 97–35, title VI, § 677, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2741.) Editorial Notes PRIOR PROVISIONS A prior section 9911, Pub. L. 97–35, title VI, § 683, for- merly § 682, as added Pub. L. 101–501, title IV, § 407(a), Nov. 3, 1990, 104 Stat. 1254; amended Pub. L. 103–171, § 7(b), Dec. 2, 1993, 107 Stat. 1993; renumbered § 683, Pub. L. 103–252, title II, § 205(1), May 18, 1994, 108 Stat. 655, re- Page 7958 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9912 lated to annual reports by Secretary, prior to the gen- eral amendment of this chapter by Pub. L. 105–285. Another prior section 9911, Pub. L. 97–35, title VI, § 682, Aug. 13, 1981, 95 Stat. 518; Pub. L. 97–115, § 17(c), Dec. 29, 1981, 95 Stat. 1609; Pub. L. 97–274, Sept. 30, 1982, 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 amend- ment of this chapter by Pub. L. 105–285. § 9912. Office of Community Services (a) Office The Secretary shall carry out the functions of this chapter through an Office of Community Services, which shall be established in the De- partment of Health and Human Services. The Office shall be headed by a Director. (b) Grants, contracts, and cooperative agree- ments The Secretary shall carry out functions of this chapter through grants, contracts, or coopera- tive agreements. (Pub. L. 97–35, title VI, § 678, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2742.) Editorial Notes PRIOR PROVISIONS A prior section 9912, Pub. L. 97–35, title VI, § 684, for- merly § 683, Aug. 13, 1981, 95 Stat. 519; Pub. L. 98–288, § 31(b), May 21, 1984, 98 Stat. 198; renumbered § 684, Pub. L. 103–252, title II, § 205(1), May 18, 1994, 108 Stat. 655, contained provisions repealing certain other statutory provisions, reauthorizing appropriations, and con- forming references, prior to general amendment of this chapter by Pub. L. 105–285. A prior section 678 of Pub. L. 97–35 was classified to section 9907 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. § 9913. Training, technical assistance, and other activities (a) Activities (1) In general The Secretary shall use amounts reserved in section 9903(b)(2) of this title— (A) for training, technical assistance, plan- ning, evaluation, and performance measure- ment, to assist States in carrying out cor- rective action activities and monitoring (to correct programmatic deficiencies of eligible entities), and for reporting and data collec- tion activities, related to programs carried out under this chapter; and (B) to distribute amounts in accordance with subsection (c). (2) Grants, contracts, and cooperative agree- ments The activities described in paragraph (1)(A) may be carried out by the Secretary through grants, contracts, or cooperative agreements with appropriate entities. (b) Terms and technical assistance process The process for determining the training and technical assistance to be carried out under this section shall— (1) ensure that the needs of eligible entities and programs relating to improving program quality (including quality of financial man- agement practices) are addressed to the max- imum extent feasible; and (2) incorporate mechanisms to ensure re- sponsiveness to local needs, including an ongo- ing procedure for obtaining input from the na- tional and State networks of eligible entities. (c) Distribution requirement (1) In general The amounts reserved under section 9903(b)(2)(A) of this title for activities to be carried out under this subsection shall be dis- tributed directly to eligible entities, organiza- tions, or associations described in paragraph (2) for the purpose of improving program qual- ity (including quality of financial manage- ment practices), management information and reporting systems, and measurement of pro- gram results, and for the purpose of ensuring responsiveness to identified local needs. (2) Eligible entities, organizations, or associa- tions Eligible entities, organizations, or associa- tions described in this paragraph shall be eli- gible entities, or statewide or local organiza- tions or associations, with demonstrated ex- pertise in providing training to individuals and organizations on methods of effectively addressing the needs of low-income families and communities. (Pub. L. 97–35, title VI, § 678A, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2742.) § 9914. Monitoring of eligible entities (a) In general In order to determine whether eligible entities meet the performance goals, administrative standards, financial management requirements, and other requirements of a State, the State shall conduct the following reviews of eligible entities: (1) A full onsite review of each such entity at least once during each 3-year period. (2) An onsite review of each newly des- ignated entity immediately after the comple- tion of the first year in which such entity re- ceives funds through the community services block grant program. (3) Followup reviews including prompt re- turn visits to eligible entities, and their pro- grams, that fail to meet the goals, standards, and requirements established by the State. (4) Other reviews as appropriate, including reviews of entities with programs that have had other Federal, State, or local grants (other than assistance provided under this chapter) terminated for cause. (b) Requests The State may request training and technical assistance from the Secretary as needed to com- ply with the requirements of this section. (c) Evaluations by the Secretary The Secretary shall conduct in several States in each fiscal year evaluations (including inves- tigations) of the use of funds received by the States under this chapter in order to evaluate compliance with the provisions of this chapter,