42 USC 612 - Direct funding and administration by Indian tribes

U.S Code last checked for updates: Nov 25, 2024

§ 612.

Direct funding and administration by Indian tribes

(a)

Grants for Indian tribes

(1)

Tribal family assistance grant

(A)

In general

(B)

Amount determined

(i)

In general

(ii)

Use of State submitted data

(I)

In general

(II)

Disagreement with determination

(2)

Grants for Indian tribes that received jobs funds

(A)

In general

(B)

Eligible Indian tribe

(C)

Use of grant

(D)

Appropriation

(3)

Welfare-to-work grants

(A)

In general

(B)

Welfare-to-work tribe

An Indian tribe shall be considered a welfare-to-work tribe for a fiscal year for purposes of this paragraph if the Indian tribe meets the following requirements:

(i)

The Indian tribe has submitted to the Secretary of Labor a plan which describes how, consistent with section 603(a)(5) of this title, the Indian tribe will use any funds provided under this paragraph during the fiscal year. If the Indian tribe has a tribal family assistance plan, the plan referred to in the preceding sentence shall be in the form of an addendum to the tribal family assistance plan.

(ii)

The Indian tribe is operating a program under a tribal family assistance plan approved by the Secretary of Health and Human Services, a program described in paragraph (2)(C), or an employment program funded through other sources under which substantial services are provided to recipients of assistance under a program funded under this part.

(iii)

The Indian tribe has provided the Secretary of Labor with an estimate of the amount that the Indian tribe intends to expend during the fiscal year (excluding tribal expenditures described in section 609(a)(7)(B)(iv) (other than subclause (III) thereof) of this title) pursuant to this paragraph.

(iv)

The Indian tribe has agreed to negotiate in good faith with the Secretary of Health and Human Services with respect to the substance and funding of any evaluation under section 613(j) of this title, and to cooperate with the conduct of any such evaluation.

(C)

Limitations on use of funds

(i)

In general

(ii)

Waiver authority

(iii)

Regulations

(b)

3-year tribal family assistance plan

(1)

In general

Any Indian tribe that desires to receive a tribal family assistance grant shall submit to the Secretary a 3-year tribal family assistance plan that—

(A)

outlines the Indian tribe’s approach to providing welfare-related services for the 3-year period, consistent with this section;

(B)

specifies whether the welfare-related services provided under the plan will be provided by the Indian tribe or through agreements, contracts, or compacts with intertribal consortia, States, or other entities;

(C)

identifies the population and service area or areas to be served by such plan;

(D)

provides that a family receiving assistance under the plan may not receive duplicative assistance from other State or tribal programs funded under this part;

(E)

identifies the employment opportunities in or near the service area or areas of the Indian tribe and the manner in which the Indian tribe will cooperate and participate in enhancing such opportunities for recipients of assistance under the plan consistent with any applicable State standards; and

(F)

applies the fiscal accountability provisions of section 5(f)(1) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450c(f)(1)),1

 See References in Text note below.

relating to the submission of a single-agency audit report required by chapter 75 of title 31.

(2)

Approval

(3)

Consortium of tribes

(c)

Minimum work participation requirements and time limits

The Secretary, with the participation of Indian tribes, shall establish for each Indian tribe receiving a grant under this section minimum work participation requirements, appropriate time limits for receipt of welfare-related services under the grant, and penalties against individuals—

(1)

consistent with the purposes of this section;

(2)

consistent with the economic conditions and resources available to each tribe; and

(3)

similar to comparable provisions in section 607(e) of this title.

(d)

Emergency assistance

(e)

Accountability

Nothing in this section shall be construed to limit the ability of the Secretary to maintain program funding accountability consistent with—

(1)

generally accepted accounting principles; and

(2)

the requirements of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).¹

(f)

Eligibility for Federal loans

(g)

Penalties

(1)

Subsections (a)(1), (a)(6), (b), and (c) of section 609 of this title, shall apply to an Indian tribe with an approved tribal assistance plan in the same manner as such subsections apply to a State.

(2)

Section 609(a)(3) of this title shall apply to an Indian tribe with an approved tribal assistance plan by substituting “meet minimum work participation requirements established under section 612(c) of this title” for “comply with section 607(a) of this title”.

(h)

Data collection and reporting

(i)

Special rule for Indian tribes in Alaska

(1)

In general

(2)

Waiver

(Aug. 14, 1935, ch. 531, title IV, § 412, as added Pub. L. 104–193, title I, § 103(a)(1), Aug. 22, 1996, 110 Stat. 2150; amended Pub. L. 105–33, title V, §§ 5001(c), 5508, 5514(c), Aug. 5, 1997, 111 Stat. 589, 617, 620; Pub. L. 106–113, div. B, § 1000(a)(4) [title VIII, § 801(b)(2)], Nov. 29, 1999, 113 Stat. 1535, 1501A–283; Pub. L. 106–554, § 1(a)(1) [title I, § 107(b)(5)], Dec. 21, 2000, 114 Stat. 2763, 2763A–12; Pub. L. 108–40, § 3(h), June 30, 2003, 117 Stat. 837; Pub. L. 112–96, title IV, § 4002(d), Feb. 22, 2012, 126 Stat. 195; Pub. L. 115–31, div. M, title I, § 102(a)(3), May 5, 2017, 131 Stat. 800.)

cite as: 42 USC 612