[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: 45CFR96.44]



[Page 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.  96.44  Community services.



    (a) This section applies to direct funding of Indian tribes and 

tribal organizations under the community services block grant.

    (b) The terms Indian tribe and tribal organization as used in the 

Reconciliation Act have the same meaning given such terms in section 

4(b) and 4(c) of the Indian Self-Determination and Education Assistance 

Act (25 U.S.C. 450b). The terms also include organized groups of Indians 

that the State in which they reside has determined are Indian tribes. An 

organized group of Indians is eligible for direct funding based on State 

recognition if the State has expressly determined that the group is an 

Indian tribe. In addition, the statement of the State's chief executive 

officer verifying that a tribe is recognized by that State will also be 

sufficient to verify State recognition for the purpose of direct 

funding.

    (c) For purposes of section 674(c)(2) of the Act (42 U.S.C. 

9903(c)(2)) an eligible Indian means a member of an Indian tribe whose 

income is at or below the poverty line defined in section 673(2) of the 

Act (42 U.S.C. 9902(2)). An eligible individual under section 674(c)(2) 

of the Reconciliation Act (42 U.S.C. 9903(c)(2)) means a resident of the 

State whose income is at or below the poverty line.

    (d) An Indian tribe or tribal organization will meet the 

requirements of section 675(c)(1) (42 U.S.C. 9904(c)(1)) if it certifies 

that it agrees to use the funds to provide at least one of the services 

or activities listed in that section.

    (e) An Indian tribe or tribal organization is not required to comply 

with section 675(b) (42 U.S.C. 9904(b)) or to provide the certifications 

required by the following other provisions of the Reconciliation Act.

    (1) Section 675(c)(2)(A) (42 U.S.C. 9904(c)(2)(A));

    (2) Section 675(c)(3) (42 U.S.C. 9904(c)(3)); and

    (3) Section 675(c)(4) (42 U.S.C. 9904(c)(4)).

    (4) Section 675(c)(11) (42 U.S.C. 9904(c)(11)).

    (f) In each fiscal year, Indian tribes and tribal organizations may 

expend for administrative expenses--comparable to the administrative 

expenses incurred by State at the State level--an amount not to exceed 

the greater of the amounts determined by:

    (1) Multiplying their allotment under section 674 of the 

Reconciliation Act (42 U.S.C. 9903) by five percent; or

    (2) Multiplying the allotment by the percentage represented by the 

ratio of $55,000 to the smallest State allotment (excluding territorial 

allotments) for that fiscal year.



[47 FR 29486, July 6, 1982, as amended at 52 FR 37967, Oct. 13, 1987]