NATIVE AMERICAN PROGRAMS.

SEC. 171. NATIVE AMERICAN PROGRAMS. Title VI of the Older Americans Act of 1965 (42 U.S.C. 3057–3057g) is amended to read as follows: “TITLE VI—GRANTS FOR NATIVE AMERICANS “statement of purpose “Sec. 601. It is the purpose of this title to promote the delivery of supportive services, including nutrition services to American Indians, Alaskan Natives, and Native Hawaiians that are comparable to services provided under title III. “sense of congress “Sec. 602. It is the sense of the Congress that older Indians, older Alaskan Natives, and older Native Hawaiians are a vital resource entitled to all benefits and services available and that such services and benefits should be provided in a manner that preserves and restores their respective dignity, self-respect, and cultural identities. “Part A—Indian Program “findings “SEC. 611. (a) The Congress finds that the older Indians of the United States— “(1) are a rapidly increasing population; “(2) suffer from high unemployment; “(3) live in poverty at a rate estimated to be as high as 61 percent; “(4) have a life expectancy between 3 and 4 years less than the general population; “(5) lack sufficient nursing homes, other long-term care facilities, and other health care facilities; “(6) lack sufficient Indian area agencies on aging; “(7) frequently live in substandard and over-crowded housing; “(8) receive less than adequate health care; “(9) are served under this title at a rate of less than 19 percent of the total national Indian elderly population living on Indian reservations; and “(10) are served under title III at a rate of less than 1 percent of the total participants under that title. “eligibility “SEC. 612. (a) A tribal organization of an Indian tribe is eligible for assistance under this part only if— “(1) the tribal organization represents at least 50 individuals who are 60 years of age or older; and “(2) the tribal organization demonstrates the ability to deliver supportive services, including nutritional services. “(b) For the purposes of this part the terms ‘Indian tribe’ and ‘tribal organization have the same meaning as in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 460b). 101 STAT. 960 “grants authorized “Sec. 613. The Commissioner may make grants to eligible tribal organizations to pay all of the costs for delivery of supportive services and nutrition services for older Indians. “applications “SEC. 614. (a) No grant may be made under this part 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 supportive and nutrition 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 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 referral services to assure that older 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 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 nutrition services will be delivered to older Indians represented by the tribal organization substantially in compliance with the provisions of part C of title III, except that in any case in which the need for nutritional services for older 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 clause for supportive services; “(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 that any legal or ombudsman services made available to older Indians represented by the tribal organization will be substantially in compliance with the provisions of title ID 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, Federal101 STAT. 961 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. “(b) 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) The Commission shall approve any application which complies with the provisions of subsection (a). “(d) Whenever the Commissioner determines not to approve an application submitted under subsection (a) the Commission 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 Commissioner may prescribe. “(e) Whenever the Commissioner approves an application of a tribal organization under this part, funds shall be awarded for not less than 12 months. “surplus educational facilities “SEC. 615. (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, nutrition services, child care services, and other supportive 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. “Part B—Native Hawaiian Program “findings “Sec. 621. The Congress finds the older Native Hawaiians— “(1) have a life expectancy 10 years less than any other ethnic group in the State of Hawaii; “(2) rank lowest on 9 of 11 standard health indicies for all ethnic groups in Hawaii; “(3) are often unaware of social services and do not know how to go about seeking such assistance; and “(4) live in poverty at a rate of 34 percent. “eligibility “Sec. 622. A public or nonprofit private organization having the capacity to provide services under this part for Native Hawaiians is eligible for assistance under this part only if— “(1) theorganization will serve at least 50 individuals who have attained 60 years of age or older; and “(2) the organization demonstrates the ability to deliver supportive services, including nutrition services. 101 STAT. 962 “grants authorized “Sec. 623. The Commissioner may make grants to public and nonprofit private organizations to pay all of the costs for the delivery of supportive services and nutrition services to older Native Hawaiians. “application “SEC. 624. (a) No grant may be made under this part unless the public or nonprofit private 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 organization will evaluate the need for supportive and nutrition services among older Native Hawaiians to be represented by the 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 assurances that the organization will coordinate its activities with the State agency on aging; “(4) provide that the 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 ensure the correctness of such reports; “(5) provide for periodic evaluation of activities and projects carried out under the application; “(6) establish objectives, consistent with the purpose of this title, toward which activities described in the application will be directed, identify obstacles to the attainment of such objectives, and indicate the manner in which the organization proposes to overcome such obstacles; “(7) provide for establishing and maintaining information and referral services to assure that older Native Hawaiians to be served by the assistance made available under this part will have reasonably convenient access to such services; “(8) provide a preference for Native Hawaiians 60 years of age and older for full or part-time staff positions wherever feasible; “(9) provide that any legal or ombudsman services made available to older Native Hawaiians represented by the nonprofit private organization will be substantially in compliance with the provisions of title III relating to the furnishing and similar services; and “(10) provide satisfactory assurances that the 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 nonprofit private organization, including any funds paid by the organization to a recipient of a grant or contract. “(b) The Commissioner shall approve any application which complies with the provisions of subsection (a). “(c) Whenever the Commissioner determines not to approve an application submitted under subsection (a) the Commissioner shall— “(1) state objections in writing to the nonprofit private organization within 60 days after such decision; 101 STAT. 963 “(2) provide to the extent practicable technical assistance to the nonprofit private organization to overcome such stated objections; and “(3) provide the organization with a hearing under such rules and regulations as the Commissioner may prescribe. “(d) Whenever the Commissioner approves an application of a nonprofit private or public organization under this part funds shall be awarded for not less than 12 months. “definition “Sec. 625. For the purpose of this part, the term ‘Native Hawaiian’ means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778. “Part C—General Provisions “administration “Sec. 631. In establishing regulations for the purpose of part A the Commissioner shall consult with the Secretary of the Interior. “payments “Sec. 632. Payments may be made under this title (after necessary adjustments, in the case of grants, on account of previously made overpayments 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. 633. (a) Subject to subsection (b), there are authorized to be appropriated to carry out this title (other than section 615)— “(1) $13,400,000 for fiscal year 1988, of which $12,100,000 shall be available to carry out part A and $1,300,000 shall be available to carry out part B; “(2) $16,265,000 for fiscal year 1989, of which $14,900,000 shall be available to carry out part A and $1,365,000 shall be available to carry out part B; “(3) $19,133,000 for fiscal year 1990, of which $17,700,000 shall be available to carry out part A and $1,433,000 shall be available to carry out part B; and “(4) $22,105,000 for fiscal year 1991, of which $20,600,000 shall be available to carry out part A and $1,505,000 shall be available to carry out part B.”. “(b)(1) If the amount appropriated under subsection (a) for a fiscal year does not exceed the amount appropriated to carry out this title (as in effect before the effective date of the Older Americans Act Amendments of 1987) in fiscal year 1987, then the amount appropriated under subsection (a) for such fiscal year shall be available only to carry out part A. “(2) if the amount appropriated under subsection (a) for a fiscal year exceeds the amount appropriated to carry out this title (as in effect before the effective date of the Older Americans Act Amendments of 1987) in fiscal year 1987, then— “(A) $250,000 of such excess shall be made available to carry out part B; and 101 STAT. 964 “(B) one-half of the remaining amount of such excess shall be made available to carry out part B; except that the aggregate amount made available to carry out part B may not exceed the amount required (without regard to this paragraph) by subsection (a) to be made available to carry out part B.”.