[Code of Federal Regulations]

[Title 45, Volume 1]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR96.41]



[Page 505-506]

 

                        TITLE 45--PUBLIC WELFARE

 

                    SUBTITLE A--DEPARTMENT OF HEALTH

                           AND HUMAN SERVICES

 

PART 96_BLOCK GRANTS--Table of Contents

 

   Subpart D_Direct Funding of Indian Tribes and Tribal Organizations

 

Sec.  96.41  General determination.



    (a) The Department has determined that, with the exception of the 

circumstances addressed in paragraph (c) of this section, Indian tribes 

and tribal organizations would be better served by means of grants 

provided directly by the Department to such tribes and organizations out 

of their State's allotment of block grant funds than if the State were 

awarded its entire allotment. Accordingly, with the exception of 

situations described in paragraph (c) of this section, the Department 

will, upon request of an eligible Indian tribe or tribal organization 

and where provided for by statute, reserve a portion of the allotment of 

the State(s) in which the tribe is located, and, upon receipt of a 

complete application and related submission meeting statutory and 

regulatory requirements, grant it directly to the tribe or organization.

    (b) An Indian tribe or tribal organization may request direct 

funding under a block grant program included in this subpart regardless 

of whether the State in which it is located is receiving funds under the 

block grant program.

    (c) The Department has determined that Indian tribal members 

eligible for the funds or services provided through the block grants 

would be better served by the State(s) in which the tribe is located 

rather than by the tribe, where:

    (1) The tribe has not used its block grant allotment substantially 

in accordance with the provisions of the relevant statute(s); and



[[Page 506]]



    (2) Following the procedures of 45 CFR 96.51, the Department has 

withheld tribal funds because of those deficiencies; and

    (3) The tribe has not provided sufficient evidence that it has 

removed or corrected the reason(s) for withholding. In these cases, 

block grant funds reserved or set aside for a direct grant to the Indian 

tribe will be awarded to the State(s), and the State(s) will provide 

block grant services to the service population of the tribe. Before 

awarding these funds to the State(s), the Department will allow as much 

time as it determines to be reasonable for the tribe to correct the 

conditions that led to withholding, consistent with provision of timely 

and meaningful services to the tribe's service population during the 

fiscal year. If a State(s) is awarded funds under this paragraph, the 

State(s) will receive all remaining funds set aside for the tribe for 

the Federal fiscal year for which the award is made. Where the 

Department has withheld funds from a tribe and the tribe has not taken 

satisfactory corrective action by the first day of the following fiscal 

year, all of the funds to serve the tribe's service population for the 

following fiscal year will be awarded to the State(s). The State(s) is 

responsible for providing services to the service population of the 

tribe in these cases. This paragraph also applies when funds are 

withheld from a tribal organization.



[47 FR 29486, July 6, 1982, as amended at 64 FR 55857, Oct. 15, 1999]