[Code of Federal Regulations]

[Title 45 Volume 4]

[Revised as of October 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1326.3]



[Page 222]

 

                        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--Table of Contents

 

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).



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