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.•' f.- DEPARTMENT OF HEALTH & HUMAN SERVICES Substance Abuse and Mental 

Health Services Administration 

Center for Mental Health Services 

Center for Substance Abuse 

Prevention 

Center for Substance Abuse 

Treatment 

Rockville MD 20857 

Dear SSA Director: 

Recently, the Center for Substance Abuse Treatment, Division of State and Community 

Assistance received a request to clarify the ability of a State to use Block Grant funding for a 

specific target population -- tribal members. The request was based, in part, on a determination 

that tribal members had the greatest need for services. The request involved whether a Tribe has 

the ability to either limit enrollment to the tribal members or to give preferential admission status 

to them. To insure that all States are aware of the requirements of the Substance Abuse 

Prevention and Treatment (SAPT) Block Grant, we want to share the question and answer with 

you. 

ISSUE 

The State submitted a request to determine if a SAPT Block Grant sub-recipient (in this 

particular case, a tribal treatment program operating on a Reservation) could limit admission to a 

particular target population (tribal members) only. The State subsequently submitted a request 

for additional clarification regarding whether the prospective SAPT Block Grant sub-recipient 

could give preference to the target population and provide services to others as capacity allows. 

DETERMINATION 

It has been determined that the proposal would violate the non-discrimination provision 

contained in 42 U.S.C. 330x-57 which prohibits discrimination based on age, disability, sex, 

religion, race, color, or national origin in programs funded in whole or in part with SAPT Block 

Grant funds. Further, the HHS regulation implementing the provisions of title VI of the Civil 

Rights Act of 1964 in programs receiving Federal assistance through HHS prohibits 

discrimination in such programs (45 C.F.R. Part 80). 

Specifically, the regulation prohibits discrimination for and against individuals based on race, 

color, or national origin. A recipient under any program receiving Federal assistance through 

HHS may not, directly or through contractual or other arrangements, on the grounds of race, 

color, or national origin: (i) deny any individual any service or other benefit provided under the 

program; (ii) provide any service or other benefit to an individefal which is different, or is 

provided in a different manner, from that provided to others under the program; (iii) subject an 

individual to segregation or separate treatment in any matter related to his receipt of any service 

or other benefit under the program; (iv) restrict an individual in any way in the enjoyment of any 

advantage or privilege enjoyed by others receiving the service or other benefits under the 

Office of the Administrator - Office of Applied Studies - Office of Communications - Office of Policy, Planning and Budget - Office of Program Services 
Page 2 

program; (v) treat an individual differently from others in determining whether he satisfies any 

admission, enrollment, quota, eligibility, membership or other requirement or condition which 

individuals must meet in order to be provided any service or other benefit provided under the 

program; or (vi) deny an individual an opportunity to participate in the program through the 

provision of services or otherwise afford him an opportunity to do so which is different from that 

afforded others under the program. 45 C.F.R. 80.3(b)(l). 

Thus, the non-discrimination provisions of the SAPT Block Grant and HHS regulations do not 

allow a recipient of the Block Grant funds to exclusively serve or give preference to a targeted 

population based on an impermissible factor such as race or ethnicity. The only exception is that 

specifically allowed in statute (priority admission for pregnant women). 

Cc: State Project Officer 

John Campbell 

Anne Herron 

Sincerely, 

Abuse Treatment