Page:United States Statutes at Large Volume 92 Part 2.djvu/270

 92 STAT. 1550

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Ante, p. 1536. Ante, p. 1524.

Ante, p. 1517.

Population statistics development.

Ante, p. 1519.

PUBLIC LAW 95-478—OCT. 18, 1978 referral 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 rb). "(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.

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