42 U.S.C. § 2991b — Financial assistance for Native American projects

(a) Authorization for financial assistance to public and nonprofit agencies; consultation. The Commissioner may give one-year or multiyear assistance to public and private nonprofit agencies, including Tribal governing bodies on Federal and State^* reservations, Alaska Native villages and regional corporations under the Alaska Native Claims Settlement Act, 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 concerning this subchapter’s purposes. The Commissioner may also assist agencies serving other Native American Pacific Islanders, including American Samoan Natives, for projects concerning this subchapter’s purposes. The Commissioner must consult Federal agencies to eliminate duplication or conflict and determine whether project^* findings can be incorporated into their programs. Decisions must ignore whether the requesting agency serves, or project benefits, Indians who are not members of a federally recognized Tribe. As practicable, each project must match the recipient agency’s priorities. (b) Economic development. (1) Assistance may go to a Native community development financial institution as defined by the Treasury Secretary^*. (2) For at least 50 percent of available assistance, priority goes to applications for (A) Tribal codes or courts for economic development, including commercial codes, court training, section 261 of title 25 regulation, and nonprofit subsidiaries or other Tribal business structures; (B) a community development financial institution, including training and administrative expenses; or (C) a Tribal master plan for community and economic development and infrastructure. (c) Limitations; exceptions; contributions. Assistance may not exceed 80 percent of approved project costs, unless the Commissioner, under objective-criteria regulations, finds more is needed for this subchapter’s purposes. Non-Federal contributions may be fairly valued cash or in-kind plant, equipment, or services. The Commissioner may not require more than 20 percent. (d) Addition, not substitution; waiver; nonreservation areas. (1) A project cannot be approved unless its activities add to, rather than replace, comparable activities formerly done without Federal help, unless the Commissioner waives this under objective criteria because of unnecessary hardship or inconsistency with this subchapter. (2) A project cannot be rejected solely because the requesting agency is an Indian organization in, or serves Indians in, a nonreservation area. (e) Grants to improve Tribal regulation of environmental quality. (1) The Commissioner must grant Indian Tribes funds for 80 percent of planning, developing, and implementing programs improving Tribal governing bodies’ ability to regulate environmental quality under Federal and Tribal laws. (2) Funds may include (A) training and educating enforcement or compliance-monitoring employees, (B) Tribal environmental-quality laws, and (C) enforcement and monitoring. (3) The remaining 20 percent may be cash, property, or services from any source, including a Federal agency, other than a program, contract, or grant authorized under this subchapter. (4) Grants must be based on Tribal applications in the Commissioner’s required form.