PUBLIC LAW 97-35—AUG. 13, 1981
95 STAT. 895
joint resolution entitled "Joint resolution making further continuing appropriations for the fiscal year 1981, and for other purposes', approved December 16, 1980 (Public Law 96-536; 94 Stat. 3168), except that such allotment formulas shall not include the reallotment procedures established in section 260.108 of title 45, Code of Federal Regulations (relating to reallotment of funds under the lowincome energy assistance program). (3) If the sums appropriated for any fiscal year for making grants under this title are not sufficient to pay in full the total amount allocated to a State under paragraph (1) for such fiscal year, the amount which all States will receive under this title for such fiscal year shall be ratably reduced. (b)(1) The Secretary shall apportion not less than one-tenth of 1 Apportionment percent, and not more than one-half of 1 percent, of the amounts percentages. appropriated for each fiscal year to carry out this title on the basis of need among the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. The Secretary shall determine the total amount to be apportioned under this paragraph for any fiscal year (which shall not exceed one-half of 1 percent) after evaluating the extent to which each jurisdiction specified in the preceding sentence requires assistance under this paragraph for the fiscal year involved. (2) Each jurisdiction to which paragraph (1) applies may receive Grants grants under this title upon an application submitted to the Secretary containing provisions which describe the programs for which assistance is sought under this title, and which are consistent with the requirements of section 2605. (c) Of the funds available to each State under subsection (a), a Energy crisis reasonable amount based on data from prior years shall be reserved intervention, reserved funds. by each State for energy crisis intervention. (d)(1) If, with respect to any State, the Secretary— (A) receives a request from the governing organization of an Indian tribe within the State that assistance under this title be made directly to such organization; and (B) determines that the members of such tribe would be better served by means of grants made directly to provide benefits under this title; the Secretary shall reserve from amounts which would otherwise be paid to such State from amounts allotted to it under this title for the fiscal year involved the amount determined under paragraph (2). (2) The amount determined under this paragraph for a fiscal year is the amount which bears the same ratio to the amount which would (but for this subsection) be allotted to such State under this title for such fiscal year (other than by reason of section 2607(b)(2)) as the number of Indian households described in subparagraphs (A) and (B) of section 2605(b)(2) in such State with respect to which a determination under this subsection is made bears to the number of all households described in subparagraphs (A) and (B) of section 2605(b)(2) in such State. (3) The sums reserved by the Secretary on the basis of a determination under this subsection shall be granted to— (A) the tribal organization serving the individuals for whom such a determination has been made; or (B) in any case where there is no tribal organization serving an individual for whom such a determination has been made, such other entity as the Secretary determines has the capacity to provide assistance pursuant to this title.
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