Collapse to view only § 3057k. “Native Hawaiian” defined

§ 3057g. Findings
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 1
1 So in original. Probably should be “indices”.
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.
(Pub. L. 89–73, title VI, § 621, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
§ 3057h. Eligibility
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) the organization 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.
(Pub. L. 89–73, title VI, § 622, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 961.)
§ 3057i. Grants authorized

The Assistant Secretary 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.

(Pub. L. 89–73, title VI, § 623, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
§ 3057j. Application
(a) Approval criteria; provisions and assurances
No grant may be made under this part unless the public or nonprofit private 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 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 and with the activities carried out under subchapter III in the same geographical area;
(4) provide that the 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 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 subchapter, 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 assistance 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 subchapter 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) Approval by Assistant Secretary
(c) Disapproval by Assistant Secretary
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 nonprofit private organization within 60 days after such decision;
(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 Assistant Secretary may prescribe.
(d) Funds per year
(Pub. L. 89–73, title VI, § 624, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 102–375, title I, § 102(b)(4), title VI, § 603, Sept. 30, 1992, 106 Stat. 1201, 1270; Pub. L. 103–171, § 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)
§ 3057j–1. Distribution of funds among organizations

Subject to the availability of appropriations to carry out this part, the amount of the grant (if any) made under this part to an organization for fiscal year 1992 and for each subsequent fiscal year shall be not less than the amount of the grant made under this part to the organization for fiscal year 1991.

(Pub. L. 89–73, title VI, § 624A, as added Pub. L. 102–375, title VI, § 604, Sept. 30, 1992, 106 Stat. 1270.)
§ 3057k. “Native Hawaiian” defined

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.

(Pub. L. 89–73, title VI, § 625, as added Pub. L. 100–175, title I, § 171, Nov. 29, 1987, 101 Stat. 963.)