(a) One hundred percent, except as provided in Sec. 632.171(c), of
the amount available for section 401 will be distributed by formula as
follows:
(1) Twenty-five percent of the available funds shall be allocated on
the basis of the relative number of unemployed Indians and other Native
Americans within the Native American grantee's geographic service area
compared to the total number of unemployed Indians and other Native
Americans in the United States.
(2) Seventy-five percent of the available funds shall be allocated
on the basis of the relative number of members of Indian and other
Native Americans households, whose income is at or below the poverty
level, within the Native American grantee's geographic service area
compared to the total number of members of Indians and Native American
households in poverty in the United States.
(b) Commencing with Program Year 1985 and after consultation with
Indian groups, the Department may reserve up to one percent of section
401 funds. These funds may be used for technical assistance to improve
the program's overall performance.
(c) In situations when the Department determines that the formula
allocation will result in severe disruption from one year to the next, a
hold harmless or other factor to minimize such disruptions may be used.