[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: 45CFR96.42]



[Page 506-507]

 

                        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.  96.42  General procedures and requirements.



    (a) An Indian tribe or tribal organization applying for or receiving 

direct funding from the Secretary under a block grant program shall be 

subject to all statutory and regulatory requirements applicable to a 

State applying for or receiving block grant funds to the extent that 

such requirements are relevant to an Indian tribe or tribal organization 

except where otherwise provided by statute or in this part.

    (b) A tribal organization representing more than one Indian tribe 

will be eligible to receive block grant funds on behalf of a particular 

tribe only if the tribe has by resolution authorized the organization's 

action.

    (c) If an Indian tribe or tribal organization whose service 

population resides in more than one State applies for block grant funds 

that, by statute, are apportioned on the basis of population, the 

allotment awarded to the tribe or organization shall be taken from the 

allotments of the various States in which the service population resides 

in proportion to the number of eligible members or households to be 

served in each State. If block grant funds are required to be 

apportioned on the basis of grants during a base year, the allotment to 

the Indian tribe or tribal organization shall be taken from the 

allotment of the State whose base year grants included the relevant 

grants to the tribe or organization.

    (d) The audit required under the block grant programs shall be 

conducted by an entity that is independent of the Indian tribe or tribal 

organization receiving grant funds from the Secretary.

    (e) Beginning with fiscal year 1983, any request by an Indian tribe 

or tribal organization for direct funding by the Secretary must be 

submitted to the Secretary, together with the required application and 

related materials, by September 1 preceding the Federal fiscal year for 

which funds are sought. A separate application is required for each 

block grant. After the September 1 deadline, tribal applications will be 

accepted only with the concurrence of the State (or States) in which the 

tribe or tribal organization is located.

    (f) A State receiving block grant funds is not required to use those 

funds to provide tangible benefits (e.g., cash or goods) to Indians who 

are within the service population of an Indian tribe or tribal 

organization that received direct funding from the Department under the 

same block grant program for the same fiscal year. A State, however, may 

not deny Indians access to intangible services funded by block grant 

programs (e.g., treatment at a community health center) even if the 

Indians are members of a tribe receiving direct funding for a similar 

service. A tribe receiving direct block grant funding is not required to 

use those funds to provide tangible benefits to non-Indians



[[Page 507]]



living within the tribe's service area unless the tribe and the State(s) 

in which the tribe is located agree in writing that the tribe will do 

so.



[47 FR 29486, July 6, 1982, as amended at 52 FR 37966, Oct. 13, 1987; 64 

FR 55857, Oct. 15, 1999]