34 U.S.C. § 10105 — Inclusion of Indian tribes

Page 31 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10106 1 See References in Text Note below. vention programs with other Federal pro- grams in a manner that addresses the over- all needs of such communities. (5) Federal share (A) Subject to subparagraph (B), the Federal share of a grant under this subsection may not exceed 75 percent of the total costs of the projects described in the application for which the grant was made. (B) The requirement of subparagraph (A)— (i) may be satisfied in cash or in kind; and (ii) may be waived by the Assistant Attor- ney General upon a determination that the financial circumstances affecting the appli- cant warrant a finding that such a waiver is equitable. (6) Supplement, not supplant To receive a grant under this subsection, the applicant must provide assurances that the amounts received under the grant shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for programs or services provided in the commu- nity. (Pub. L. 90–351, title I, § 104, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3104.) Editorial Notes CODIFICATION Section was formerly classified to section 3712b of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10105. Inclusion of Indian tribes For purposes of sections 10103 and 10104 of this title, the term ‘‘State’’ includes an Indian tribal government. (Pub. L. 90–351, title I, § 105, as added Pub. L. 109–162, title XI, § 1121(a), Jan. 5, 2006, 119 Stat. 3107.) Editorial Notes CODIFICATION Section was formerly classified to section 3712c of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Another section 105 of Pub. L. 90–351 was renumbered section 109 and is classified to section 10109 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective with respect to appropriations for fiscal year 2007 and for each fiscal year thereafter, see section 1121(c) of Pub. L. 109–162, set out as a note under section 10103 of this title. § 10106. Community Capacity Development Office (a) Establishment (1) In general There is established within the Office a Com- munity Capacity Development Office, headed by a Director appointed by the Attorney Gen- eral. In carrying out the functions of the Of- fice, the Director shall be subject to the au- thority, direction, and control of the Attorney General. Such authority, direction, and con- trol may be delegated only to the Assistant Attorney General, without redelegation. (2) Purpose The purpose of the Office shall be to provide training to actual and prospective partici- pants under programs covered by section 10103(b) 1 of this title to assist such partici- pants in understanding the substantive and procedural requirements for participating in such programs. (3) Exclusivity The Office shall be the exclusive element of the Department of Justice performing func- tions and activities for the purpose specified in paragraph (2). There are hereby transferred to the Office all functions and activities for such purpose performed immediately before January 5, 2006, by any other element of the Department. This does not preclude a grant- making office from providing specialized training and technical assistance in its area of expertise. (b) Means The Director shall, in coordination with the heads of the other elements of the Department, carry out the purpose of the Office through the following means: (1) Promoting coordination of public and pri- vate efforts and resources within or available to States, units of local government, and neighborhood and community-based organiza- tions. (2) Providing information, training, and technical assistance. (3) Providing support for inter- and intra- agency task forces and other agreements and for assessment of the effectiveness of pro- grams, projects, approaches, or practices. (4) Providing in the assessment of the effec- tiveness of neighborhood and community- based law enforcement and crime prevention strategies and techniques, in coordination with the National Institute of Justice. (5) Any other similar means. (c) Locations Training referred to in subsection (a) shall be provided on a regional basis to groups of such participants. In a case in which remedial train- ing is appropriate, as recommended by the Di- rector or the head of any element of the Depart- ment, such training may be provided on a local basis to a single such participant. (d) Best practices The Director shall— (1) identify grants under which clearly bene- ficial outcomes were obtained, and the charac- teristics of those grants that were responsible for obtaining those outcomes; and (2) incorporate those characteristics into the training provided under this section.