
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-501 Section 602]
[Document affected by Public Law 106-501 Section 801(d)]
[CITE: 42USC3057e]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                SUBCHAPTER X--GRANTS FOR NATIVE AMERICANS
 
                         Part A--Indian Program
 
Sec. 3057e. Applications


(a) Approval criteria; provisions and assurances

    No grant may be made under this part unless the eligible tribal 
organization submits an application to the Assistant Secretary which 
meets such criteria as the Assistant Secretary may by regulation 
prescribe. Each such application shall--
        (1) provide that the eligible tribal organization will evaluate 
    the need for supportive and nutrition services among older 
    individuals who are Indians to be represented by the tribal 
    organization;
        (2) provide for the use of such methods of administration as are 
    necessary for the proper and efficient administration of the program 
    to be assisted;
        (3) provide that the tribal organization will make such reports 
    in such form and containing such information, as the Assistant 
    Secretary may reasonably require, and comply with such requirements 
    as the Assistant Secretary may impose to assure the correctness of 
    such reports;
        (4) provide for periodic evaluation of activities and projects 
    carried out under the application;
        (5) establish objectives consistent with the purposes of this 
    part toward which activities under the application will be directed, 
    identify obstacles to the attainment of such objectives, and 
    indicate the manner in which the tribal organization proposes to 
    overcome such obstacles;
        (6) provide for establishing and maintaining information and 
    assistance services to assure that older individuals who are Indians 
    to be served by the assistance made available under this part will 
    have reasonably convenient access to such services;
        (7) provide a preference for older individuals who are Indians 
    for full or part-time staff positions wherever feasible;
        (8) provide assurances that either directly or by way of grant 
    or contract with appropriate entities nutrition services will be 
    delivered to older individuals who are Indians represented by the 
    tribal organization substantially in compliance with the provisions 
    of part C of subchapter III of this chapter, except that in any case 
    in which the need for nutritional services for older individuals who 
    are Indians represented by the tribal organization is already met 
    from other sources, the tribal organization may use the funds 
    otherwise required to be expended under this paragraph for 
    supportive services;
        (9) contain assurances that the provisions of sections 
    3027(a)(14)(A)(i) and (iii), 3027(a)(14)(B), and 3027(a)(14)(C) of 
    this title will be complied with whenever the application contains 
    provisions for the acquisition, alteration, or renovation of 
    facilities to serve as multipurpose senior centers;
        (10) provide that any legal or ombudsman services made available 
    to older individuals who are Indians represented by the tribal 
    organization will be substantially in compliance with the provisions 
    of subchapter III of this chapter relating to the furnishing of 
    similar services;
        (11) provide satisfactory assurance that fiscal control and fund 
    accounting procedures will be adopted as may be necessary to assure 
    proper disbursement of, and accounting for, Federal funds paid under 
    this part to the tribal organization, including any funds paid by 
    the tribal organization to a recipient of a grant or contract; and
        (12) contain assurances that the tribal organization will 
    coordinate services provided under this part with services provided 
    under subchapter III of this chapter in the same geographical area.

(b) Population statistics development

    For the purpose of any application submitted under this part, the 
tribal organization may develop its own population statistics, with 
certification from the Bureau of Indian Affairs, in order to establish 
eligibility.

(c) Approval by Assistant Secretary

    The Assistant Secretary shall approve any application which complies 
with the provisions of subsection (a) of this section.

(d) Disapproval by Assistant Secretary

    Whenever the Assistant Secretary determines not to approve an 
application submitted under subsection (a) of this section the Assistant 
Secretary shall--
        (1) state objections in writing to the tribal organization 
    within 60 days after such decision;
        (2) provide to the extent practicable technical assistance to 
    the tribal organization to overcome such stated objections; and
        (3) provide the tribal organization with a hearing, under such 
    rules and regulations as the Assistant Secretary may prescribe.

(e) Funds per year

    Whenever the Assistant Secretary approves an application of a tribal 
organization under this part, funds shall be awarded for not less than 
12 months.

(Pub. L. 89-73, title VI, Sec. 614, as added Pub. L. 100-175, title I, 
Sec. 171, Nov. 29, 1987, 101 Stat. 960; amended Pub. L. 102-375, title 
I, Sec. 102(b)(4), title VI, Sec. 601, title IX, Sec. 904(a)(23), Sept. 
30, 1992, 106 Stat. 1201, 1269, 1309; Pub. L. 103-171, Secs. 2(21), 
3(a)(13), Dec. 2, 1993, 107 Stat. 1989, 1990.)


                            Prior Provisions

    A prior section 3057e, Pub. L. 89-73, title VI, Sec. 606, as added 
Pub. L. 95-478, title I, Sec. 106, Oct. 18, 1978, 92 Stat. 1551; amended 
Pub. L. 97-115, Sec. 3(d), Dec. 29, 1981, 95 Stat. 1597, related to 
surplus educational facilities, prior to the general amendment of this 
subchapter by Pub. L. 100-175. See section 3057f of this title.


                               Amendments

    1993--Subsec. (a). Pub. L. 103-171, Sec. 3(a)(13), substituted 
``Assistant Secretary'' for ``Commissioner'' wherever appearing in 
introductory provisions and in par. (3).
    Subsec. (c). Pub. L. 103-171, Sec. 2(21), substituted ``Assistant 
Secretary'' for ``Commission''.
    Subsec. (d). Pub. L. 103-171, Secs. 2(21), 3(a)(13), in introductory 
provisions, substituted ``Assistant Secretary determines'' for 
``Commissioner determines'' and ``Assistant Secretary shall'' for 
``Commission shall'' and, in par. (3), substituted ``Assistant 
Secretary'' for ``Commissioner''.
    Subsec. (e). Pub. L. 103-171, Sec. 3(a)(13), substituted ``Assistant 
Secretary'' for ``Commissioner''.
    1992--Subsec. (a)(1). Pub. L. 102-375, Sec. 904(a)(23)(C), inserted 
``individuals who are'' after ``older''.
    Subsec. (a)(6). Pub. L. 102-375, Secs. 102(b)(4), 904(a)(23)(C), 
substituted ``information and assistance'' for ``information and 
referral'' and inserted ``individuals who are'' after ``older''.
    Subsec. (a)(7). Pub. L. 102-375, Sec. 904(a)(23)(A), substituted 
``older individuals who are Indians'' for ``Indians aged 60 and older''.
    Subsec. (a)(8). Pub. L. 102-375, Sec. 904(a)(23)(B), (C), inserted 
``individuals who are'' after ``older'' in two places and substituted 
``paragraph'' for ``clause''.
    Subsec. (a)(10). Pub. L. 102-375, Sec. 904(a)(23)(C), inserted 
``individuals who are'' after ``older''.
    Subsec. (a)(12). Pub. L. 102-375, Sec. 601, added par. (12).


                    Effective Date of 1992 Amendment

    Amendment by section 601 of Pub. L. 102-375 inapplicable to fiscal 
year 1992, see section 905(b)(5) of Pub. L. 102-375, set out as a note 
under section 3001 of this title.
