SEC. 2005. [6 U.S.C. 606] GRANTS TO DIRECTLY ELIGIBLE TRIBES.

(a) In General.--Notwithstanding section 2004(b), the

Administrator may award grants to directly eligible tribes

under section 2004.

(b) Tribal Applications.--A directly eligible tribe may

apply for a grant under section 2004 by submitting an

application to the Administrator that includes, as appropriate,

the information required for an application by a State under

section 2004(b).

(c) Consistency With State Plans.--

(1) In general.--To ensure consistency with any

applicable State homeland security plan, a directly

eligible tribe applying for a grant under section 2004

shall provide a copy of its application to each State

within which any part of the tribe is located for

review before the tribe submits such application to the

Department.

(2) Opportunity for comment.--If the Governor of a

State determines that the application of a directly

eligible tribe is inconsistent with the State homeland

security plan of that State, or otherwise does not

support the application, not later than 30 days after

the date of receipt of that application the Governor

shall--

(A) notify the Administrator, in writing,

of that fact; and

(B) provide an explanation of the reason

for not supporting the application.

(d) Final Authority.--The Administrator shall have final

authority to approve any application of a directly eligible

tribe. The Administrator shall notify each State within the

boundaries of which any part of a directly eligible tribe is

located of the approval of an application by the tribe.

(e) Prioritization.--The Administrator shall allocate funds

to directly eligible tribes in accordance with the factors

applicable to allocating funds among States under section 2007.

(f) Distribution of Awards to Directly Eligible Tribes.--If

the Administrator awards funds to a directly eligible tribe

under this section, the Administrator shall distribute the

grant funds directly to the tribe and not through any State.

(g) Minimum Allocation.--

(1) In general.--In allocating funds under this

section, the Administrator shall ensure that, for each

fiscal year, directly eligible tribes collectively

receive, from the funds appropriated for the State

Homeland Security Grant Program established under

section 2004, not less than an amount equal to 0.1

percent of the total funds appropriated for grants

under sections 2003 and 2004.

(2) Exception.--This subsection shall not apply in

any fiscal year in which the Administrator--

(A) receives fewer than 5 applications

under this section; or

(B) does not approve at least 2

applications under this section.

(h) Tribal Liaison.--A directly eligible tribe applying for

a grant under section 2004 shall designate an individual to

serve as a tribal liaison with the Department and other

Federal, State, local, and regional government officials

concerning preventing, preparing for, protecting against, and

responding to acts of terrorism.

(i) Eligibility for Other Funds.--A directly eligible tribe

that receives a grant under section 2004 may receive funds for

other purposes under a grant from the State or States within

the boundaries of which any part of such tribe is located and

from any high-risk urban area of which it is a part, consistent

with the homeland security plan of the State or high-risk urban

area.

(j) State Obligations.--

(1) In general.--States shall be responsible for

allocating grant funds received under section 2004 to

tribal governments in order to help those tribal

communities achieve target capabilities not achieved

through grants to directly eligible tribes.

(2) Distribution of grant funds.--With respect to a

grant to a State under section 2004, an Indian tribe

shall be eligible for funding directly from that State,

and shall not be required to seek funding from any

local government.

(3) Imposition of requirements.--A State may not

impose unreasonable or unduly burdensome requirements

on an Indian tribe as a condition of providing the

Indian tribe with grant funds or resources under

section 2004.

(k) Rule of Construction.--Nothing in this section shall be

construed to affect the authority of an Indian tribe that

receives funds under this subtitle.

Homeland Security Act of 2002 Updated Through October 14, 2008 · 第 276 / 282 题