Page:United States Statutes at Large Volume 94 Part 2.djvu/316

 94 STAT. 1594

PUBLIC LAW 96-398—OCT. 7, 1980

(c) If an entity has received a grant under section 201, 202, 203, 204, or 206, the entity is not eligible to apply for a grant under another of such sections unless it continues to provide the service it provided under the grant it received or the Secretary determines that the service is not needed. (d) If a grant is made for any fiscal year under section 202, 203, or 204(a) for a project in a mental health service area, no more than one grant may be made for such fiscal year for a project in such mental health service area under any one of the other such sections. INDIAN TRIBES AND ORGANIZATIONS

42 USC 9464. Ante, pp. 1585,

43 USC 1602.

25 USC 1601 ^°^-

"Indian tribe." 25 USC 450 note.

SEC. 308. (a) Except as provided in this section, the requirements of ^j^^g ^j^jg ^j^^j ^j^jg j j gj^^ll apply with respect to any application of an Indian tribe, intertribal organization, or urban Indian organization made for a grant under title II. 03)(1) Any Indian tribe or intertribal organization may apply directly to the Secretary for a grant under title II for the provision of mental health services if such services will be available within or will specifically serve— (A) a federally recognized Indian reservation, (B) any land area in Oklahoma that is held in trust by the United States for Indians or that is a restricted Indian-owned land area, (C) a native village in Alaska (as defined in section 3(c) of the Alaska N a t i v e Claims Settlement Act), or

(D) an Indian community the members of which are recognized as eligible for services under the Indian Health Care Improvement Act. (2) An application of an Indian tribe or intertribal organization authorized by paragraph (1)— (A) shall also be submitted by the applicant to the Indian Health Service and may not be approved by the Secretary unless the Indian Health Service certifies that the application is consistent with the Tribal Specific Health Plan of the tribe or tribes to be served by the grant, (B) shall not be subject to consideration by a State mental health authority, (C) may be made without regard to the State mental health services program in effect in the State in which the tribe or organization is located, and (D) may be considered, approved, and funded by the Secretary without regard to the mental health service area or areas in which the services under the grant will be provided. (c) If the application of any Indian tribe, intertribal organization, or urban Indian organization for a grant under title II requests that the Indian Health Service or any entity of the Service provide the mental health services under the grant to members of such tribe or organization— (1) the application shall not be subject to consideration by a State mental health authority, and (2) if the application is approved, payments under the grant shall be made to the Indian Health Service or entity of the Service as requested in the application. (d) For purposes of this section— (1) the term "Indian tribe" has the same meaning as is given that term by the Indian Self-Determination Act, and "^

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