### §2991b. Financial assistance for Native American projects

#### (a) Authorization for financial assistance to public and nonprofit agencies; consultation with other Federal agencies to avoid duplication

The Commissioner is authorized to provide financial assistance, on a single year or multiyear basis, to public and nonprofit private agencies, including but not limited to, governing bodies of Indian Tribes on Federal and State reservations, Alaska Native villages and regional corporations established by the Alaska Native Claims Settlement Act [43 U.S.C. 1601 et seq.], and such public and nonprofit private agencies serving Native Hawaiians, and Indian and Alaska Native organizations in urban or rural areas that are not Indian reservations or Alaska Native villages, for projects pertaining to the purposes of this subchapter. The Commissioner is authorized to provide financial assistance to public and nonprofit private agencies serving other Native American Pacific Islanders (including American Samoan Natives) for projects pertaining to the purposes of this Act. In determining the projects to be assisted under this subchapter, the Commissioner shall consult with other Federal agencies for the purpose of eliminating duplication or conflict among similar activities or projects and for the purpose of determining whether the findings resulting from those projects may be incorporated into one or more programs for which those agencies are responsible. Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized Tribe. To the greatest extent practicable, the Commissioner shall ensure that each project to be assisted under this subchapter is consistent with the priorities established by the agency which receives such assistance.

#### (b) Economic development

#### (1) In general

The Commissioner may provide assistance under subsection (a) for projects relating to the purposes of this subchapter to a Native community development financial institution, as defined by the Secretary of the Treasury.

#### (2) Priority

With regard to not less than 50 percent of the total amount available for assistance under this section, the Commissioner shall give priority to any application seeking assistance for—

(A) the development of a Tribal code or court system for purposes of economic development, including commercial codes, training for court personnel, regulation pursuant to section 261 of title 25, and the development of nonprofit subsidiaries or other Tribal business structures;

(B) the development of a community development financial institution, including training and administrative expenses; or

(C) the development of a Tribal master plan for community and economic development and infrastructure.

#### (c) Limitations of financial assistance; exceptions; non-Federal contributions

Financial assistance extended to an agency under this subchapter shall not exceed 80 per centum of the approved costs of the assisted project, except that the Commissioner may approve assistance in excess of such percentage if the Commissioner determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. The Commissioner shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this subchapter.

#### (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.)

#### **Editorial Notes**

#### References in Text

The Alaska Native Claims Settlement Act, referred to in subsec. (a), is Pub. L. 92–203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.

This Act, referred to in subsec. (a), probably means the Native American Programs Act of 1974, Pub. L. 88–452, title VIII, as added by Pub. L. 93–644, §11, Jan. 4, 1975, 88 Stat. 2324, which is classified generally to this subchapter, see section 2991 of this title.

#### Prior Provisions

A prior section 2991b, Pub. L. 88–452, title VIII, §803, as added Pub. L. 89–794, title VIII, §801, Nov. 8, 1966, 80 Stat. 1473, provided for stipend for volunteers, living, travel, and leave allowances, and subsistence, prior to the general amendment of this subchapter by Pub. L. 90–222, title I, §110, Dec. 23, 1967, 81 Stat. 722.

#### Amendments

2020—Subsec. (a). Pub. L. 116–261, §5(d)(1), (2), substituted "Tribe" for "tribe" and "Tribes" for "tribes".

Subsecs. (b) to (e). Pub. L. 116–261, §5(a), added subsec. (b) and redesignated former subsecs. (b) to (d) as (c) to (e), respectively.

Subsec. (e)(1). Pub. L. 116–261, §5(d), substituted "Tribe" for "tribe", "Tribes" for "tribes", and "Tribal" for "tribal".

Subsec. (e)(2)(B). Pub. L. 116–261, §5(d)(3), substituted "Tribal" for "tribal".

Subsec. (e)(4). Pub. L. 116–261, §5(d)(2), substituted "Tribes" for "tribes".

1993—Subsec. (a). Pub. L. 103–171 substituted "areas that are not Indian reservations or Alaska Native villages" for "nonreservation areas".

1992—Subsec. (a). Pub. L. 102–497 struck out ", subject to the availability of funds appropriated under the authority of section 2992d(c) of this title," after "Commissioner is authorized" in second sentence.

Pub. L. 102–375, §822(21), substituted "Alaska Native villages" for "Alaskan Native villages".

Pub. L. 102–375, §822(1)(A), (B)(i), substituted "Commissioner" for "Secretary" wherever appearing and substituted "Indian and Alaska Native organizations" for "Indian organizations".

Pub. L. 102–375, §822(1)(B)(ii), which directed the substitution of "area that is not an Indian reservation or Alaska Native village" for "nonreservation area", could not be executed because the words "nonreservation area" did not appear.

Subsecs. (b), (c)(1), (d)(1), (4). Pub. L. 102–375, §822(1)(A), substituted "Commissioner" for "Secretary" wherever appearing.

1990—Subsec. (d). Pub. L. 101–408 added subsec. (d).

1987—Subsec. (a). Pub. L. 100–175, §506(c)(2), substituted "Native Hawaiians" for "Hawaiian Natives".

Pub. L. 100–175, §§502(1), 504(a), inserted ", on a single year or multiyear basis," after "assistance" in first sentence and inserted after first sentence "The Secretary is authorized, subject to the availability of funds appropriated under the authority of section 2992d(c) of this title, to provide financial assistance to public and nonprofit private agencies serving other Native American Pacific Islanders (including American Samoan Natives) for projects pertaining to the purposes of this Act."

1984—Subsec. (a). Pub. L. 98–558, §1002(a), inserted at end "Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized tribe. To the greatest extent practicable, the Secretary shall ensure that each project to be assisted under this subchapter is consistent with the priorities established by the agency which receives such assistance."

Subsec. (c)(1). Pub. L. 98–558, §1002(b), designated existing provisions as par. (1) and added par. (2).

1978—Pub. L. 95–568 substituted in subsecs. (b) and (c) "the Secretary determines" for "he determines".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1987 Amendment

Amendment by sections 502(1) and 504(a) of Pub. L. 100–175 effective Oct. 1, 1987, and amendment by section 506(c)(2) of Pub. L. 100–175 effective upon expiration of 90-day period beginning Nov. 29, 1987, see section 701(a), (c) of Pub. L. 100–175, set out as a note under section 3001 of this title.