Title VI, Part A

Program Assurances

The tribal organization applying for a grant under Title VI, Part A must
state that it agrees to abide by all the provisions identified in
section 614(a) of the Older Americans Act and in the title 45 of the
Code of Federal Regulations 1326.19(d), issued August 31, 1988. The
provisions are as follows:

[Older Americans Act -- Section 614(a)]{.underline}

Sec. 614

APPLICATIONS

Sec. 614. (a) 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 organizations;

\(2\) 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 whenever feasible;

\(8\) provide assistance 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 title III, 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) 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 title III
relating to the furnishing of similar services;

( 10) 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

( 11) contain assurances that the tribal organization will coordinate
services provided under this part with services provided under title III
in the same geographical area.

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

\(c\) (1) The Assistant Secretary shall approve any application, which
complies with the provisions of subsection (a).

\(2\) The Assistant Secretary shall provide waivers and exemptions of
the reporting requirements of subsection (a)(3) for applicants that
serve Indian populations in geographically isolated areas, or applicants
that serve small Indian populations, where the small scale of the
project, the nature of the applicant, or other factors make the
reporting requirements unreasonable under the circumstances. The
Assistant Secretary shall consult with such applicants in establishing
appropriate waivers and exemptions.

\(3\) The Assistant Secretary shall approve any application that
complies with the provisions of subsection (a), except that in
determining whether an application complies with the requirements of
subsection (a)(8), the Assistant Secretary shall provide maximum
flexibility to an applicant that seeks to take into account subsistence
needs, local customs, and other characteristics that are appropriate to
the unique cultural, regional, and geographic needs of the Indian
populations to be served.

\(4\) In determining whether an application complies with the
requirements of subsection (a)(12), the Assistant Secretary shall
require only that an applicant provide an appropriate narrative
description of the geographic area to be served and an assurance that
procedures will be adopted to ensure against duplicate services being
provided to the same recipients.

\(d\) Whenever the Assistant Secretary determines not to approve an
application submitted under subsection (a) 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.

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

## 45 CFR Section 1326.19

Sec. 1326.19 Application requirements.

\(d\) Assurances as prescribed by the Commissioner that:

\(1\) A tribal organization represents at least 50 individuals who

have attained 60 years of age or older;

\(2\) A tribal organization shall comply with all applicable State and

local license and safety requirements for the provision of those

services;

\(3\) If a substantial number of the older Indians residing in the

service area are of limited English-speaking ability, the tribal

organization shall utilize the services of workers who are fluent in the

language spoken by a predominant number of older Indians;

\(4\) Procedures to ensure that all services under this part are

provided without use of any means tests;

\(5\) A tribal organization shall comply with all requirements set

forth in Sec. 1326.7 through 1326.17; and

\(6\) The services provided under this part will be coordinated, where

applicable, with services provided under title III of the Act.

\(e\) A tribal resolution(s) authorizing the tribal organization to

apply for a grant under this part; and

\(f\) Signature by the principal official of the tribe.

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