34 U.S.C. § 11146 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 11146. Grants to Indian tribes
(a) Eligibility
(1) Application
To be eligible to receive a grant under section 11141(b) of this title, an Indian tribe shall submit to the Administrator an application in accordance with this section, in such form and containing such information as the Administrator may require by rule.
(2) Plans
Such application shall include a plan for conducting programs, projects, and activities described in section 11141(a) of this title, which plan shall—
(A) provide evidence that the applicant Indian tribe performs law enforcement functions (as determined by the Secretary of the Interior);
(B) identify the juvenile justice and delinquency problems and juvenile delinquency prevention needs to be addressed by activities conducted with funds provided by the grant for which such application is submitted, by the Indian tribe in the geographical area under the jurisdiction of the Indian tribe;
(C) provide for fiscal control and accounting procedures that—
(i) are necessary to ensure the prudent use, proper disbursement, and accounting of grants received by applicants under this section; and
(ii) are consistent with the requirement specified in subparagraph (B); and
(D) comply with the requirements specified in section 11133(a) of this title (excluding any requirement relating to consultation with a State advisory group) and with the requirements specified in section 11132(c) of this title; and
(E) contain such other information, and be subject to such additional requirements, as the Administrator may reasonably require by rule to ensure the effectiveness of the projects for which grants are made under section 11141(b) of this title.
(b) Factors for consideration
For the purpose of selecting eligible applicants to receive grants under section 11141(b) of this title, the Administrator shall consider—
(1) the resources that are available to each applicant Indian tribe that will assist, and be coordinated with, the overall juvenile justice system of the Indian tribe; and
(2) with respect to each such applicant—
(A) the juvenile population; and
(B) the population and the entities that will be served by projects proposed to be carried out with the grant for which the application is submitted.
(c) Grant process
(1) Selection of grant recipients
(A) Selection requirements
Except as provided in paragraph (2), the Administrator shall—
(i) make grants under this section on a competitive basis; and
(ii) specify in writing to each applicant selected to receive a grant under this section, the terms and conditions on which such grant is made to such applicant.
(B) Period of grant
A grant made under this section shall be available for expenditure during a 2–year period.
(2) Exception
If—
(A) in the 2-year period for which a grant made under this section shall be expended, the recipient of such grant applies to receive a subsequent grant under this section; and
(B) the Administrator determines that such recipient performed during the year preceding the 2–year period for which such recipient applies to receive such subsequent grant satisfactorily and in accordance with the terms and conditions applicable to the grant received;
then the Administrator may waive the application of the competition-based requirement specified in paragraph (1)(A)(i) and may allow the applicant to incorporate by reference in the current application the text of the plan contained in the recipient’s most recent application previously approved under this section.
(3) Authority to modify application process for subsequent grants
The Administrator may modify by rule the operation of subsection (a) with respect to the submission and contents of applications for subsequent grants described in paragraph (2).
(d) Reporting requirement
Each Indian tribe that receives a grant under this section shall be subject to the fiscal accountability provisions of section 5305(f)(1) of title 25, relating to the submission of a single-agency audit report required by chapter 75 of title 31.
(e) Matching requirement
(1) Funds appropriated for the activities of any agency of an Indian tribal government or the Bureau of Indian Affairs performing law enforcement functions on any Indian lands may be used to provide the non-Federal share of any program or project with a matching requirement funded under this section.
(2) Paragraph (1) shall not apply with respect to funds appropriated before November 2, 2002.
(3) If the Administrator determines that an Indian tribe does not have sufficient funds available to meet the non-Federal share of the cost of any program or activity to be funded under the grant, the Administrator may increase the Federal share of the cost thereof to the extent the Administrator deems necessary.
(Pub. L. 93–415, title II, § 246, as added Pub. L. 107–273, div. C, title II, § 12210(4), Nov. 2, 2002, 116 Stat. 1886.)
heading: Codification
text: Section was formerly classified to section 5656 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Prior Provisions
text: A prior section 246 of Pub. L. 93–415, title II, formerly § 250, Sept. 7, 1974, 88 Stat. 1128; renumbered § 249 and amended Pub. L. 95–115, §§ 3(a)(3)(B), 5(e)(1), (2)(A), Oct. 3, 1977, 91 Stat. 1048, 1057; Pub. L. 96–509, § 19(o), Dec. 8, 1980, 94 Stat. 2765; renumbered § 248 Pub. L. 98–473, title II, § 638, Oct. 12, 1984, 98 Stat. 2120; renumbered § 246 and amended Pub. L. 100–690, title VII, § 7263(a)(2)(E), (b)(2), Nov. 18, 1988, 102 Stat. 4443, 4447; Pub. L. 102–586, § 2(g)(5), Nov. 4, 1992, 106 Stat. 4996, related to the curriculum for training program, prior to repeal by Pub. L. 107–273, div. C, title II, § 12210(1), Nov. 2, 2002, 116 Stat. 1880.
Another prior section 246 of Pub. L. 93–415, title II, formerly § 247, Sept. 7, 1974, 88 Stat. 1127; Pub. L. 95–115, § 5(d), Oct. 3, 1977, 91 Stat. 1057; renumbered § 246 and amended Pub. L. 98–473, title II, § 636, Oct. 12, 1984, 98 Stat. 2120, set forth additional functions of the Institute for Juvenile Justice and Delinquency Prevention, prior to repeal by Pub. L. 100–690, title VII, §§ 7263(a)(2)(C), 7296(a), Nov. 18, 1988, 102 Stat. 4443, 4463, effective Oct. 1, 1988.