12 2 STA T .3968PUBLIC LA W 11 0– 3 5 1 —O CT. 7, 2008 bypar a g rap h(1)o r( 2 )(orbo t h)o fsu bs ec t i o n (h) of this section .‘ ‘(2) AP P LICAT I ON . — A tribe , organi z ation, or consortiu md esiring an a l lotment under paragraph (1) of this subsection shall submit an application to the S ecretary to directly recei v e such allotment that includes a plan w hich— ‘‘(A) satisfies such re q uirements of paragraphs (2) and ( 3 ) of subsection (b) as the Secretary determines are appro - priate
‘‘( B ) contains a description of the tribe ’ s, organization’s, or consortium’s consultation process regarding the pro- grams to be carried out under the plan with each State for which a portion of an allotment under subsection (c) would be redirected to the tribe, organization, or consor- tium; and ‘‘( C ) contains an e x planation of the results of such consultation, particularly with respect to— ‘‘(i) determining the eligibility for benefits and services of I ndian children to be served under the programs to be carried out under the plan; and ‘‘(ii) the process for consulting with the State in order to ensure the continuity of benefits and services for such children who will transition from receiving benefits and services under programs carried out under a State plan under subsection (b)(2) to receiving bene- fits and services under programs carried out under a plan under this subsection. ‘‘(3) P A YME NT S .— T he Secretary shall pay an Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection from the allotment determined for the tribe, organization, or consortium under paragraph ( 4 ) of this subsection in the same manner as is provided in section 4 7 4(a)(4) (and, where requested, and if funds are appropriated, section 474(e)) with respect to a State, or in such other manner as is determined appropriate by the Secretary, except that in no case shall an Indian tribe, a tribal organization, or a tribal consortium receive a lesser proportion of such funds than a State is authorized to receive under those sections. ‘‘(4) ALLOTMENT.— F rom the amounts allotted to a State under subsection (c) of this section for a fiscal year, the Sec- retary shall allot to each Indian tribe, tribal organization, or tribal consortium with an application and plan approved under this subsection for that fiscal year an amount equal to the tribal foster care ratio determined under paragraph ( 5 ) of this subsection for the tribe, organization, or consortium multiplied by the allotment amount of the State within which the tribe, organization, or consortium is located. The allotment deter- mined under this paragraph is deemed to be a part of the allotment determined under section 477(c) for the State in which the Indian tribe, tribal organization, or tribal consortium is located. ‘‘(5) T R I B AL F OSTER CARE RATIO.—For purposes of para- graph (4), the tribal foster care ratio means, with respect to an Indian tribe, tribal organization, or tribal consortium, the ratio of—
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