grants for indian tribes

grants for indian tribes Sec. 106. The Act is amended by adding after title V the following new title: 92 STAT. 1549 “TITLE VI—GRANTS FOR INDIAN TRIBES “statement of purpose “Sec. 601. It is the purpose of this title to promote the delivery of social services, including nutritional services, for Indians that are comparable to services provided under title III. “eligibility “Sec. 602. (a) A tribal organization of an Indian tribe is eligible for assistance under this title only if— “(1) the tribal organization represents at least 75 individuals who have attained 60 years of age or older; “(2) the tribal organization demonstrates the ability to deliver social services, including nutritional services; and “(3) individuals to be served by the tribal organization will not receive for the year for which application under this title is made, services under title III. “(b) The terms ‘Indian tribe’ and ‘tribal organization’ for the purposes of this title are defined as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). “grants authorized “Sec. 603. The Commissioner may make grants to eligible tribal organizations to pay all of the costs for delivery of social services and nutritional services for Indians who are aged 60 and older. “applications “Sec. 604. (a) No grant may be made under this title unless the eligible tribal organization submits an application to the Commissioner which meets such criteria as the Commissioner may by regulation prescribe. Each such application shall— “(1) provide that the eligible tribal organization will evaluate the need for social and nutritional services among older 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 Commissioner may reasonably require, and comply with such requirements as the Commissioner may impose to assure the correctness of such reports; “(4) provide that a nonprofit private organization selected by the tribal organization will conduct periodic evaluation of activities and projects carried out under the application; “(5) establish objectives consistent with the purposes of this title 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 92 STAT. 1550referral services to assure that older Indians to be served by the assistance made available under this title will have reasonably convenient access to such services; “(7) provide a preference for Indians aged 60 and older 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 nutritional services will be delivered to older Indians represented by the tribal organization substantially in compliance with the provisions of part C of title III; “(9) contain assurances that the provisions of sections 307 (a)(14)(A) (i) and (iii), 307(a)(14)(B), and 307(a)(14)(C) 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 assurances that either directly or by way of grant or contract with appropriate, entities legal and ombudsman services will be made available to older Indians represented by the tribal organization substantially in compliance with the provisions of title III relating to the furnishing of similar services; and “(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 title to the tribal organization, including any funds paid by the tribal organization to a recipient of a grant or contract. “(b) For the purpose of any application submitted under this title, the tribal organization may develop its own population statistics, with certification from the Bureau of Indian Affairs, in order to establish eligibility. “(c) The Commissioner shall approve any application which complies with the provisions of subsection (a). “(d) Whenever the Commissioner approves an application under this title he shall withhold from the allotment of the appropriate State made under section 304 an amount attributable to the Indians to be served under the application who were also counted for the purpose of allotments under title III. The Commissioner shall reallot sums withheld under this subsection in accordance with the provisions of section 304(b). “(e) Whenever the Commissioner determines not to approve an application submitted under subsection (a) he shall— “(1) state his 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 his stated objections; and “(3) provide the tribal organization with a hearing, under such rules and regulations as he may prescribe. “(f) Whenever the Commissioner approves an application of a tribal organization under this title, funds shall be awarded for not less than 12 months, during which time such tribal organization may not receive funds under title III. 92 STAT. 1551 “administration “Sec. 605. (a) In establishing regulations for the purpose of this title the Commissioner shall consult with the Secretary of the Interior. “(b) The Commissioner shall prescribe final regulations for the administration of this title not later than 90 days after the date of the enactment of the Comprehensive Older Americans Act Amendments of 1978. “surplus educational facilities “Sec. 606. (a) Notwithstanding any other provision of law, the Secretary of the Interior through the Bureau of Indian Affairs shall make available surplus Indian educational facilities to tribal organizations, and nonprofit organizations with tribal approval, for use as multipurpose senior centers. Such centers may be altered so as to provide extended care facilities, community center facilities, nutritional services, child care services, and other social services. “(b) Each eligible tribal organization desiring to take advantage of such surplus facilities shall submit an application to the Secretary of the Interior at such time and in such manner, and containing or accompanied by such information, as the Secretary of the Interior determines to be necessary to carry out the provisions of this section. “payments “Sec. 607. Payments may be made under this title (after necessary adjustments, in the case of grants, on account of previously made over-payments or underpayments) in advance or by way of reimbursement in such installments and on such conditions, as the Commissioner may determine. “authorization of appropriations “Sec. 608. (a) Except as provided in subsection (c), there are authorized to be appropriated such sums as may be. necessary for fiscal years 1979, 1980. and 1981, to carry out the provisions of this title. “(b) For any fiscal year in which less than $5,000,000 is appropriated under subsection (a) tribal organizations are authorized to receive assistance in accordance with the provisions of title III. “(c) There are authorized to be appropriated such sums as may be necessary for fiscal years 1979, 1980, and 1981, to carry out the provisions of section 606.”.