[Code of Federal Regulations]
[Title 45, Volume 4, Parts 1200 to End]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1326]

Title 45--Public Welfare
Chapter XIII--Office Of Human Development Services
Department Of Health and Human Services
Part 1326--Grants To Indian Tribes For Support And Nutrition Services

Sec.
1326.1 Basis and purpose of this part.
1326.3 Definitions.
1326.5 Applicability of other regulations.
1326.7 Confidentiality and disclosure of information.
1326.9 Contributions.
1326.11 Prohibition against supplantation.
1326.13 Supportive services.
1326.15 Nutrition services.
1326.17 Access to information.
1326.19 Application requirements.
1326.21 Application approval.
1326.23 Hearing procedures.

Authority: 42 U.S.C. 3001; Title VI, Part A of the Older Americans Act.

Source: 53 FR 33774, Aug. 31, 1988, unless otherwise noted.

Sec. 1326.1 Basis and purpose of this part.

This program was established to meet the unique needs and circumstances of American Indian elders on Indian reservations. This part implements title VI (part A) of the Older Americans Act, as amended, by establishing the requirements that an Indian tribal organization shall meet in order to receive a grant to promote the delivery of services for older Indians that are comparable to services provided under Title III. This part also prescribes application and hearing requirements and procedures for these grants.

Sec. 1326.3 Definitions.

Acquiring, as used in section 307(a)(14) of the Act, means obtaining ownership of an existing facility in fee simple or by lease for 10 years or more for use as a multipurpose senior center.

Altering or renovating, as used in section 307(a)(14) of the Act with respect to multipurpose senior centers, means making modifications to or in connection with an existing facility which are necessary for its effective use as a center. These may include renovation, repair, or expansion which is not in excess of double the square footage of the original facility and all physical improvements.

Budgeting period, as used in Sec. 1326.19 of this part, means the intervals of time into which a period of assistance (project period) is divided for budgetary and funding purposes.

Constructing, as used in section 307(a)(14) of the Act with respect to multipurpose senior centers, means building a new facility, including the costs of land acquisition and architectural and engineering fees, or making modifications to or in connection with an existing facility which are in excess of double the square footage of the original facility and all physical improvements.

Department, means the Department of Health and Human Services.

Indian reservation, means the reservation of any Federally recognized Indian tribe, including any band, nation, pueblo, or rancheria, any former reservation in Oklahoma, any community on non- trust land under the jurisdiction of an Indian tribe, including a band, nation, pueblo, or rancheria, with allotted lands, or lands subject to a restriction against alienation imposed by the United States, and Alaskan Native regions established, pursuant to the Alaska Native Claims Settlement Act (84 Stat. 688).

Indian tribe, means any Indian tribe, band, nation, or organized group or community, including any Alaska Native Village, regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians (25 U.S.C. 450b).

Means test, as used in the provision of services, means the use of an older Indian's income or resources to deny or limit that person's receipt of services under this part.

Older Indians, means those individuals who have attained the minimum age determined by the tribe for services.

Project period, as used in Sec. 1326.19 of this part, means the total time for which a project is approved for support, including any extensions.

Service area, as used in Sec. 1326.9(b) and elsewhere in this part, means that geographic area approved by the Commissioner in which the tribal organization provides supportive and nutritional services to older Indians residing there. A service area may include all or part of the reservation or any portion of a county or counties which has a common boundary with the reservation. A service area may also include a non-contiguous area if the designation of such an area will further the purpose of the Act and will provide for more effective administration of the program by the tribal organization.

Service provider, means any entity that is awarded a subgrant or contract from a tribal organization to provide services under this part.

Tribal organization, as used in Sec. 1326.7 and elsewhere in this part, means the recognized governing body of any Indian tribe, or any legally established organization of Indians which is controlled, sanctioned or chartered by such governing body or which is democratically elected by the adult members of the Indian community to be served by such organization and which includes the maximum participation of Indians in all phases of its activities. Provided that in any case where a contract is let or grant made to an organization to perform services benefiting more than one Indian tribe, the approval of each Indian tribe shall be a prerequisite to the letting or making of the contract or grant (25 U.S.C. 450b).

Sec. 1326.5 Applicability of other regulations.

The following regulations in title 45 of the Code of Federal Regulations apply to all activities under this part:

1. Part 16--Procedures of the Departmental Grant Appeals Board;
   
2. Part 74--Administration of Grants;
   
3. Part 75--Informal Grant Appeals Procedures;
   
4. Part 80--Nondiscrimination Under Programs Receiving Federal Assistance through the Department of Health and Human Services: Effectuation of title VI of the Civil Rights Act of 1964;
   
5. Part 81--Practice and Procedure for Hearings under part 80 of this Title;
   
6. Part 84--Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving Benefits from Federal Financial Participation; and
   
7. Part 91--Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance from HHS.

Sec. 1326.7 Confidentiality and disclosure of information.

A tribal organization shall have confidentiality and disclosure procedures as follows:

1. A tribal organization shall have procedures to ensure that no information about an older Indian or obtained from an older Indian by any provider of services is disclosed by the provider of such services in a form that identifies the person without the informed consent of the person or of his or her legal representative, unless the disclosure is required by court order, or for program monitoring by authorized Federal or tribal monitoring agencies.
   
2. A tribal organization is not required to disclose those types of information or documents that are exempt from disclosure by a Federal agency under the Federal Freedom of Information Act, 5 U.S.C. 552.

Sec. 1326.9 Contributions.

1. Each tribal organization shall:
   1. Provide each older Indian with a free and voluntary opportunity to contribute to the cost of the service;
   2. Protect the privacy of each older Indian with respect to his or her contribution;
   3. Establish appropriate procedures to safeguard and account for all contributions;
   4. Use all services contributions to expand comprehensive and coordinated services systems supported under this part, while using nutrition services contributions only to expand services as provided under section 307(a)(13)(c)(ii) of the Act.
      
2. Each tribal organization may develop a suggested contribution schedule for services provided under this part. In developing a contribution schedule, the tribal organization shall consider the income ranges of older Indians in the service area and the tribal organization's other sources of income. However, means tests may not be used.
   
3. A tribal organization that receives funds under this part may not deny any older Indian a service because the older Indian will not or cannot contribute to the cost of the service.

Sec. 1326.11 Prohibition against supplantation.

A tribal organization shall ensure that the activities provided under a grant under this part will be in addition to, and not in substitution for, comparable activities provided without Federal assistance.

Sec. 1326.13 Supportive services.

1. A tribal organization may provide any of the supportive services mentioned under title III of the Older Americans Act, and any other supportive services that are necessary for the general welfare of older Indians.
   
2. If an applicant elects to provide multipurpose senior center activities or uses any of the funds under this part for acquiring, altering or renovating a multipurpose senior center facility, it shall comply with the following requirements:
   1. The tribal organization shall comply with all applicable local health, fire, safety, building, zoning and sanitation laws, ordinances or codes.
   2. The tribal organization shall assure the technical adequacy of any proposed alteration or renovation of a multipurpose senior centers assisted under this part. The tribal organization assures technical adequacy by requiring that any alteration or renovation of a multipurpose senior center that affects the load bearing members of the facility is structurally sound and complies with all applicable local or State ordinances, laws, or building codes.
      
3. If an applicant elects to provide legal services, it shall substantially comply with the requirements in Sec. 1321.71 and legal services providers shall comply fully with the requirements in Secs. 1321.71(c) through 1321.71(p).

Sec. 1326.15 Nutrition services.

1. In addition to providing nutrition services to older Indians, a tribal organization may:
   1. Provide nutrition services to the spouses of older Indians;
   2. Provide nutrition services to non-elderly handicapped or disabled Indians who reside in housing facilities occupied primarily by the elderly, at which congregate nutrition services are provided;
   3. Offer a meal, on the same basis as meals are provided to older Indians, to individuals providing volunteer services during meal hours; and
   4. Provide a meal to individuals with disabilities who reside in a non-institutional household with and accompany a person eligible for congregate meals under that part.
      
2. Each tribal organization may receive cash payments in lieu of donated foods for all or any portion of its funding available under section 311(a)(4) of the Act. To receive cash or commodities, the tribal organization shall have an agreement with the U.S. Department of Agriculture's Food and Nutrition Service (FNS) to be a distributing agency.
   
3. Where applicable, the tribal organization shall work with agencies responsible for administering other programs to facilitate participation of older Indians.

Sec. 1326.17 Access to information.

A tribal organization shall:

1. Establish or have a list of all services that are available to older Indians in the service area,
   
2. Maintain a list of services needed or requested by the older Indians; and
   
3. Provide assistance to older Indians to help them take advantage of available services.

Sec. 1326.19 Application requirements.

A tribal organization shall have an approved application. The application shall be submitted as prescribed in section 604 of the Act and in accordance with the Commissioner's instructions for the specified project and budget periods. The application shall provide for:

1. Program objectives, as set forth in section 604(a)(5) of the Act, and any objectives established by the Commissioner.
   
2. A description of the geographic boundaries of the service area proposed by the tribal organization:
   
3. Documentation of the ability of the tribal organization to deliver supportive and nutrition services to older Indians, or documentation that the tribal organization has effectively administered supportive and nutrition services within the last 3 years;
   
4. 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.
      
5. A tribal resolution(s) authorizing the tribal organization to apply for a grant under this part; and
   
6. Signature by the principal official of the tribe.

Sec. 1326.21 Application approval.

1. Approval of any application under section 604(e) of the Act, shall not commit the Commissioner in any way to make additional, supplemental, continuaton, or other awards with respect to any approved application or portion thereof.
   
2. The Commissioner may give first priority in awarding grants to grantees which have effectively administered such grants in the prior year.

Sec. 1326.23 Hearing procedures.

In meeting the requirements of section 604(d)(3) of the Act, if the Commissioner disapproves an application from an eligible tribal organization, the tribal organization may file a written request for a hearing with the Commissioner.

1. The request shall be postmarked or delivered in person within 30 days of the date of the disapproval notice. If it requests a hearing, the tribal organization shall submit to the Commissioner, as part of the request, a full written response to each objection specified in the notice of disapproval, including the pertinent facts and reasons in support of its response, and any and all documentation to support its position. Service of the request shall also be made on the individual(s) designated by the Commissioner to represent him or her.
   
2. The Administration on Aging shall have the opportunity to respond with 30 days to the merits of the tribal organization's request.
   
3. The Commissioner notifies the tribal organization in writing of the date, time and place for the hearing.
   
4. The hearing procedures include the right of the tribal organization to:
   1. A hearing before the Commissioner or an official designated by the Commissioner;
   2. Be heard in person or to be represented by counsel, at no expense to the Administration on Aging;
   3. Present written evidence prior to and at the hearing, and present oral evidence at the hearing if the Commissioner or designated official decides that oral evidence is necessary for the proper resolution of the issues involved, and
   4. Have the staff directly responsible for reviewing the application either present at the hearing, or have a deposition from the staff, whichever the Commissioner or designated official decides.
      
5. The Commissioner or designated official conducts a fair and impartial hearing, takes all necessary action to avoid delay and to maintain order and has all powers necessary to these ends.
6. Formal rules of evidence do not apply to the hearings.
   
7. The official hearing transcript together with all papers, documents, exhibits, and requests filed in the proceedings, including rulings, constitutes the record for decision.
   
8. After consideration of the record, the Commissoner or designated official issues a written decision, based on the record, which sets forth the reasons for the decision and the evidence on which it was based. The decision is issued within 60 days of the date of the hearing, constitutes the final administrative action on the matter and is promptly mailed to the tribal organization.
   
9. Either the tribal organization or the staff of the Administration on Aging may request for good cause an extension of any of the time limits specified in this section.