§ 2991b.
(d)
Assistance as addition to, and not substitution for, activities previously carried out without Federal assistance; waiver; nonreservation areas
(1)
No project shall be approved for assistance under this subchapter unless the Commissioner is satisfied that the activities to be carried out under such project will be in addition to, and not in substitution for, comparable activities previously carried out without Federal assistance, except that the Commissioner may waive this requirement in any case in which the Commissioner determines, in accordance with regulations establishing objective criteria, that application of the requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes of this subchapter.
(2)
No project may be disapproved for assistance under this subchapter solely because the agency requesting such assistance is an Indian organization in a nonreservation area or serves Indians in a nonreservation area.
(e)
Grants to improve Tribal regulation of environmental quality
(1)
The Commissioner shall award grants to Indian Tribes for the purpose of funding 80 percent of the costs of planning, developing, and implementing programs designed to improve the capability of the governing body of the Indian Tribe to regulate environmental quality pursuant to Federal and Tribal environmental laws.
(2)
The purposes for which funds provided under any grant awarded under paragraph (1) may be used include, but are not limited to—
(A)
the training and education of employees responsible for enforcing, or monitoring compliance with, environmental quality laws,
(B)
the development of Tribal laws on environmental quality, and
(C)
the enforcement and monitoring of environmental quality laws.
(3)
The 20 percent of the costs of planning, developing, and implementing a program for which a grant is awarded under paragraph (1) that are not to be paid from such grant may be paid by the grant recipient in cash or through the provision of property or services, but only to the extent that such cash or property is from any source (including any Federal agency) other than a program, contract, or grant authorized under this subchapter.
(4)
Grants shall be awarded under paragraph (1) on the basis of applications that are submitted by Indian Tribes to the Commissioner in such form as the Commissioner shall prescribe.
([Pub. L. 88–452, title VIII, § 803], as added [Pub. L. 93–644, § 11], Jan. 4, 1975, [88 Stat. 2324]; amended [Pub. L. 95–568, § 17(a)(39)], Nov. 2, 1978, [92 Stat. 2443]; [Pub. L. 98–558, title X, § 1002], Oct. 30, 1984, [98 Stat. 2905]; [Pub. L. 100–175, title V], §§ 502(1), 504(a), 506(c)(2), Nov. 29, 1987, [101 Stat. 973], 975, 978; [Pub. L. 101–408, § 2], Oct. 4, 1990, [104 Stat. 883]; [Pub. L. 102–375, title VIII, § 822(1)], (21), Sept. 30, 1992, [106 Stat. 1295], 1300; [Pub. L. 102–497, § 9(a)], Oct. 24, 1992, [106 Stat. 3257]; [Pub. L. 103–171, § 5(2)], Dec. 2, 1993, [107 Stat. 1991]; [Pub. L. 116–261, § 5(a)], (d), Dec. 30, 2020, [134 Stat. 3313], 3314.)