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42 U.S.C. § 3057k — ‘‘Native Hawaiian’’ defined
Federal law — U.S. Code and appendices · legal_authorities
Page 5816
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3057j–1
Editorial Notes
AMENDMENTS
1993—Pub. L. 103–171 substituted ‘‘Assistant Sec-
retary’’ for ‘‘Commissioner’’ wherever appearing.
1992—Subsec. (a)(3). Pub. L. 102–375, § 603, inserted be-
fore semicolon at end ‘‘and with the activities carried
out under subchapter III in the same geographical
area’’.
Subsec. (a)(7). Pub. L. 102–375, § 102(b)(4), substituted
‘‘information and assistance’’ for ‘‘information and re-
ferral’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 603 of Pub. L. 102–375 inappli-
cable to fiscal year 1992, see section 905(b)(5) of Pub. L.
102–375, set out as a note under section 3001 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1987, except not applicable
with respect to any area plan submitted under section
3026(a) of this title or any State plan submitted under
section 3027(a) of this title and approved for any fiscal
year beginning before Nov. 29, 1987, see section 701(a),
(b) of Pub. L. 100–175, set out as an Effective Date of
1987 Amendment note under section 3001 of this title.
§ 3057j–1. Distribution of funds among organiza-
tions
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 fis-
cal 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
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Page 5816
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 3057j–1
Editorial Notes
AMENDMENTS
1993—Pub. L. 103–171 substituted ‘‘Assistant Sec-
retary’’ for ‘‘Commissioner’’ wherever appearing.
1992—Subsec. (a)(3). Pub. L. 102–375, § 603, inserted be-
fore semicolon at end ‘‘and with the activities carried
out under subchapter III in the same geographical
area’’.
Subsec. (a)(7). Pub. L. 102–375, § 102(b)(4), substituted
‘‘information and assistance’’ for ‘‘information and re-
ferral’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by section 603 of Pub. L. 102–375 inappli-
cable to fiscal year 1992, see section 905(b)(5) of Pub. L.
102–375, set out as a note under section 3001 of this title.
EFFECTIVE DATE
Section effective Oct. 1, 1987, except not applicable
with respect to any area plan submitted under section
3026(a) of this title or any State plan submitted under
section 3027(a) of this title and approved for any fiscal
year beginning before Nov. 29, 1987, see section 701(a),
(b) of Pub. L. 100–175, set out as an Effective Date of
1987 Amendment note under section 3001 of this title.
§ 3057j–1. Distribution of funds among organiza-
tions
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 fis-
cal 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 con-
sists 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.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective Oct. 1, 1987, except not applicable
with respect to any area plan submitted under section
3026(a) of this title or any State plan submitted under
section 3027(a) of this title and approved for any fiscal
year beginning before Nov. 29, 1987, see section 701(a),
(b) of Pub. L. 100–175, set out as an Effective Date of
1987 Amendment note under section 3001 of this title.
PART C—NATIVE AMERICAN CAREGIVER SUPPORT
PROGRAM
Editorial Notes
PRIOR PROVISIONS
A prior part C, consisting of sections 3057l to 3057n of
this title, was redesignated part D of this subchapter.
§ 3057k–11. Program
(a) In general
The Assistant Secretary shall carry out a pro-
gram for making grants to tribal organizations
with applications approved under parts A and B,
to pay for the Federal share of carrying out trib-
al programs, to enable the tribal organizations
to provide multifaceted systems of the support
services described in section 3030s–1 of this title
for caregivers described in section 3030s–1 of this
title.
(b) Requirements
In providing services under subsection (a), a
tribal organization shall meet the requirements
specified for an area agency on aging and for a
State in the provisions of subsections (c), (d),
and (f) of section 3030s–1 of this title and of sec-
tion 3030s–2 of this title. For purposes of this
subsection, references in such provisions to a
State program shall be considered to be ref-
erences to a tribal program under this part.
(Pub. L. 89–73, title VI, § 631, as added Pub. L.
106–501, title VI, § 604(3), Nov. 13, 2000, 114 Stat.
2288; amended Pub. L. 116–131, title II, § 217(d),
Mar. 25, 2020, 134 Stat. 262.)
Editorial Notes
PRIOR PROVISIONS
A prior section 631 of Pub. L. 89–73 was renumbered
section 641 and is classified to section 3057l of this title.
AMENDMENTS
2020—Subsec. (b). Pub. L. 116–131 substituted ‘‘(c), (d),
and (f)’’ for ‘‘(c), (d), and (e)’’.
PART D—SUPPORTIVE SERVICES FOR HEALTHY
AGING AND INDEPENDENCE
Editorial Notes
PRIOR PROVISIONS
A prior part D, consisting of sections 3057l to 3057o of
this title, was redesignated part E of this subchapter.
§ 3057k–21. Program
(a) In general
The Assistant Secretary may carry out a com-
petitive demonstration program for making
grants to tribal organizations or organizations
serving Native Hawaiians with applications ap-
proved under parts A and B, to pay for the Fed-
eral share of carrying out programs, to enable
the organizations described in this subsection to
build their capacity to provide a wider range of
in-home and community supportive services to
enable older individuals to maintain their
health and independence and to avoid long-term
care facility placement.
(b) Supportive services
(1) In general
Subject to paragraph (2), supportive services
described in subsection (a) may include any of
the activities described in section 3030d(a) of
this title.
(2) Priority
The Assistant Secretary, in making grants
under this section, shall give priority to orga-
nizations that will use the grant funds for sup-
portive services described in subsection (a)
that are for in-home assistance, transpor-
tation, information and referral, case manage-
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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