[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: 45CFR96.48]



[Page 508]

 

                        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.  96.48  Low-income home energy assistance.



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

the low-income home energy assistance program.

    (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) except that the terms shall also include organized 

groups of Indians that the State in which they reside has expressly 

determined are Indian tribes or tribal organizations in accordance with 

State procedures for making such determinations.

    (c) For purposes of section 2604(d) of the Act (42 U.S.C. 8623(d)), 

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. A statement by 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.

    (d) The plan required by section 2604(d)(4) of the Reconciliation 

Act (42 U.S.C. 8623(d)(4)) shall contain the certification and 

information required for States under section 2605 (b) and (c) of that 

Act (42 U.S.C. 8624 (b) and (c)). An Indian tribe or tribal organization 

is not required to comply with section 2605(a)(2) of the Act (42 U.S.C. 

8624(a)(2)).

    (e) Where a tribe requests that the Secretary fund another entity to 

provide energy assistance for tribal members, as provided by section 

2604(d)(3) of the Act (42 U.S.C. 8623(d)(3)), the Secretary shall 

consider the following factors in selecting the grantee: the ability of 

the other entity to provide low-income home energy assistance, existing 

tribal-State agreements as to the size and location of the service 

population, and the history of State services to the Indian people to be 

served by the other entity.



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