Page:United States Statutes at Large Volume 104 Part 2.djvu/655

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PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-247 "(i) exceeds 1.2 percent, then the allotment percentage of that State shall be considered to be 1.2 percent; and "(ii) is less than 0.8 percent, then the allotment percentage of the State shall be considered to be 0.8 percent. "(C) PER CAPITA INCOME.—For purposes of subparagraph (A), per capita income shall be— "(i) determined at 2-year intervals; "(ii) applied for the 2-year period beginning on October 1 of the first fiscal year beginning on the date such determination is made; and "(iii) equal to the average of the annual per capita incomes for the most recent period of 3 consecutive years for which satisfactory data are available from the Department of Commerce at the time such determination is made. "(c) PAYMENTS FOR THE BENEFIT OF INDIAN CHILDREN. — "(1) GENERAL AUTHORITY.— From amounts reserved under subsection (a)(2), the Secretary may make grants to or enter into contracts with Indian tribes or tribal organizations that submit applications under this section, for the planning and carrying out of programs or activities consistent with the purposes of this subchapter. "(2) APPLICATIONS AND REQUIREMENTS. — An application for a grant or contract under this section shall provide that: " (A) COORDINATION. —The applicant will coordinate, to the maximum extent feasible, with the lead gigency in the State or States in which the applicant will carry out programs or activities under this section. "(B) SERVICES ON RESERVATIONS. —In the case of an applicant located in a State other than Alaska, California, or Oklahoma, programs and activities under this section will be carried out on the Indian reservation for the benefit of Indian children. "(C) REPORTS AND AUDITS. —The applicant will make such reports on, and conduct such audits of, programs and activities under a grant or contract under this section as the Secretary may require. "(3) CONSIDERATION OF SECRETARIAL APPROVAL.— In determining whether to approve an application for a grant or contract under this section, the Secretary shall take into consideration— "(A) the availability of child care services provided in accordance with this subchapter by the Slate or States in which the applicant proposes to carry out a program to provide child care services; and "(B) whether the applicant has the ability (including skills, personnel, resources, community support, and other necessary components) to satisfactorily carry out the proposed program or activity. "(4) THREE-YEAR LIMIT. — Grants or contracts under this section shall be for periods not to exceed 3 years. "(5) DUAL ELIGIBILITY OF INDIAN CHILDREN. —The awarding of a grant or contract under this section for programs or activities to be conducted in a State or States shall not affect the eligibility of any Indian child to receive services provided or to