Code of Federal Regulations Title 45. Public Welfare § 45.96.48 Low-income home energy assistance

(a) This section applies to direct funding of Indian tribes under the low-income home energy assistance program.

(b) The terms Indian tribe and tribal organization as used in the Reconciliation Act have the same meaning given such terms in section 4(b) and 4(c) of the Indian Self–Determination and Education Assistance Act (25 U.S.C. 450b) except that the terms shall also include organized groups of Indians that the State in which they reside has expressly determined are Indian tribes or tribal organizations in accordance with State procedures for making such determinations.

(c) For purposes of section 2604(d) of the Act (42 U.S.C. 8623(d) ), an organized group of Indians is eligible for direct funding based on State recognition if the State has expressly determined that the group is an Indian tribe. A statement by the State's chief executive officer verifying that a tribe is recognized by that State will also be sufficient to verify State recognition for the purpose of direct funding.

(d) The plan required by section 2604(d) (4) of the Reconciliation Act (42 U.S.C. 8623(d) (4) ) shall contain the certification and information required for States under section 2605(b) and (c) of that Act (42 U.S.C. 8624(b) and (c) ). An Indian tribe or tribal organization is not required to comply with section 2605(a) (2) of the Act (42 U.S.C. 8624(a) (2) ).

(e) Where a tribe requests that the Secretary fund another entity to provide energy assistance for tribal members, as provided by section 2604(d) (3) of the Act (42 U.S.C. 8623(d) (3) ), the Secretary shall consider the following factors in selecting the grantee:  the ability of the other entity to provide low-income home energy assistance, existing tribal-State agreements as to the size and location of the service population, and the history of State services to the Indian people to be served by the other entity.