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bodies, or by a State agency, approved
for such purpose by the Commissioner
of Education of the Department of
Health and Human Services.

(p) Secretary means the Secretary of
Health and Human Services and any
other Officer or employee of the De-
partment of Health and Human Serv-
ices to whom the authority involved
has been delegated.

(q) Service means the Indian Health Service.

(r) State or local government means any public health or educational entity which is included within the definition of State or local government in 45 CFR 74.3 and Indian tribes or tribal organizations.

(8) Tribal organization means the elected governing body of any Indian tribe or any legally established organization of Indians which is controlled by one or more such bodies or by a board of directors elected or selected by one or more such bodies (or elected by the Indian population to be served by such organization) and which includes the maximum participation of Indians in all phases of its activities.

(t) Urban center means any city, with a population of 10,000 or more as determined by the United States Census Bureau, which the Secretary determines has a sufficient urban Indian population with unmet health needs to warrant assistance under title V of the Act.

(u) Urban Indian means any individual who resides in an urban center, as defined in paragraph(s) of this section, and who meets one or more of the four criteria in paragraphs (h) (1) through (4) of this section.

(v) Urban Indian organization means a nonprofit corporate body situated in an urban center which:

(1) Is governed by an Indian controlled board of directors:

(2) Has the provision of health programs as:

(1) Its principal function, or

(ii) One of its major functions and such health progams are administered by a distinct organizational unit within the organization.

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(3) Provides for the maximum participation of all interested groups and individuals; and

42 CFR Ch. I (10-1-95 Editu

(4) Is capable of legally cooper
for the purpose of performing the
with other public and private enti
division J-6 of this subpart. E
tivities described in §36.350(a) of St
that criteria (2) and (3) of this
section shall not apply to an organ
tion administering an urban Int
health project under a contract E
the Secretary prior to October 1,F
for the period of such contract or ES
July 1, 1978, whichever is later.

[42 FR 59646, Nov. 18, 1977, as amended
FR 7381, Feb. 29, 1984; 50 FR 1855, Jan A
1985]

$36.303 Indians applying for scholr
ships.

under Subdivisions J-3 and J-4 of the
(a) For purposes of scholarship gram
subpart, Indian applicants must submi
evidence of their tribal membership (
other evidence that that applicant
an Indian as defined in paragraph (1)¢
§36.302 of this subdivision) satisfactor
to the Secretary.

of a tribe recognized by the Secretary
(b) Where an applicant is a membe
of the Interior, the applicant must sub
mit evidence of his or her tribal mem
bership, such as:

(1) Certification of tribal enrollmen
by the Secretary of the Interior acting
through the Bureau of Indian Affair
(BIA); or

(2) In the absence of such BIA certifi cation, documentation that the appli cant meets the requirements of tribal membership as prescribed by the char ter, articles of incorporation or other legal instrument of the tribe and has been officially designated a tribal member by an authorized tribal official; or

(3) Other evidence of tribal member-
ship satisfactory to the Secretary.

(c) Where the applicant is a member
of a tribe terminated since 1940 or a
State recognized tribe, the applicant
must submit documentation that the
applicant meets the requirements of
charter, articles of incorporation or
tribal membership as prescribed by the
other legal instrument of the tribe and
has been officially designated a tribal
member by an authorized tribal offi-
cial; or other evidence, satisfactory to
the
tary, that the applicant is a
the tribe. In addition, if the

me

minated or State recognized tribe of ich the applicant is a member is not a list of such tribes published by the cretary in the FEDERAL REGISTER.

applicant must submit documentaon as may be required by the Secgary that the tribe is a tribe termited since 1940 or is recognized by the ate in which the tribe is located in cordance with the law of that State. (d) An applicant who is not a tribal ember, but who is a natural child or andchild of a tribal member as dened in paragraph (h) of §36.302 of this bdivision must submit evidence of ich fact which is satisfactory to the ecretary, in addition to evidence of is or her parent's or grandparent's ribal membership in accordance with aragraphs (b) and (c) of this section.

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essary to assure or protect advancement of the approved project, the interests of the public health, or the conservation of grant funds.

NOTE: Nondiscrimination. Grants and contracts under this subpart are exempted from the requirements of section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d), prohibiting discrimination on the basis of race, color or national origin, by regulation at 45 CFR 80.3(d) which provides, with respect to Indian Health Services, that "An individual shall not be deemed subjected to discrimination by reason of his exclusion from the benefits of a program limited by Federal law to indi

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Grants awarded under this subdivision, in accordance with section 102 of the Act, are for the purpose of assisting in meeting the costs of projects to:

(a) Identify Indians with a potential for education or training in the health professions and encouraging and assisting them (1) To enroll in schools of medicine, osteopathy, dentistry, veterinary medicine, optometry, podiatry, pharmacy, public health, nursing, or allied health professions; or (2), if they are not qualified to enroll in any such school, to undertake such post-secondary education or training as may be required to qualify them for enrollment;

(b) Publicize existing sources of financial aid available to Indians enrolled in any school referred to in paragraph (a)(1) of this section or who are undertaking training necessary to qualify them to enroll in any such school; or

(c) Establish other programs which the Secretary determines will enhance and facilitate the enrollment of Indians, and the subsequent pursuit and completion by them of courses of study, in any school referred to in paragraph (a)(1) of this section.

§36.311 Eligibility.

Any Indian tribe, tribal organization, urban Indian Indian organization, health organization or any public or other nonprofit private health or educational entity is eligible to apply for a health professions recruitment grant under this subdivision.

$36.312 Application.

(a) Forms for applying for grants are governed by 45 CFR part 74, subpart N.1

1 Applications and instructions may be obtained from the appropriate Indian Health Service Area or Program Office or by writing the Director, Indian Health Service, Room

Continued

(b) In addition to such other pertinent information as the Secretary may require, the application for a health professions recruitment grant shall contain the following:

(1) A description of the legal status and organization of the applicant:

(2) A description of the current and proposed participation of Indians (if any) in the applicant's organization.

(3) A description of the target Indian population to be served by the proposed project and the relationship of the applicant to that population;

(4) A narrative description of the nature, duration, purpose, need for and scope of the proposed project and of the manner in which the applicant intends to conduct the project including:

(1) Specific measurable objectives for the proposed project;

(ii) How the described objectives are consistent with the purposes of section 102 of the Act;

(iii) The work and time schedules which will be used to accomplish each of the objectives;

(iv) A description of the administrative, managerial, and organizational arrangements and the facilities and resources to be utilized to conduct the proposed project;

(v) The name and qualifications of the project director or other individual responsible for the conduct of the project; the qualifications of the prinicipal staff carrying out the project; and a description of the manner in which the applicant's staff is or will be organized and supervised to carry out the proposed project;

(5) An itemized budget for the budget period (normally 12 months) for which support is sought and justification of the amount of grant funds requested:

(6) The intended financial participation, if any, of the applicant in the proposed project specifying the type of contributions such as cash or services, loans of full or part-time staff, equipment, space, materials or facilities or other contributions;

(7) When the target population of a proposed project includes a particular Indian tribe or tribes, an official document in such form as is prescribed by

the tribal governing body of each s tribe indicating that the tribe or trie will cooperate with the applicant.

(c) In the case of proposed projec for identification of Indians with ap tential for education or training in 2 health professions, applications include a method of assessing the ptential of interested Indians for unde taking necessary education or trainin in the health professions. Propos projects may include, but are not lin ited to, the following activities:

(1) Identifying Indian elementary & secondary school students through đờ servations, aptitude or other testing academic performance, performance special projects and activities, a other methods as may be designed developed;

(2) Identifying Indians in college university programs, related employ ment, upward mobility programs other areas of activity indicative of in terest and potential;

(3) Review of the upward mobility plans, skills, banks etc. of organis tions employing Indians to identify in dividuals with appropriate career orientations, expression of interest, a recognized potential;

(4) Conducting workshops, health ca reer days, orientation projects or other activities to identify interested Indians at any age level;

(5) Performing liaison activities with Indian professional organizations, Indian education programs (including adult education), Indian school boards. Indian parent, youth recreation or community groups, or other Indian special interest or activity groups;

(6) Identifying those Indians with an interest and potential who cannot undertake compensatory education or training in the health professions be cause of financial need.

(d) Proposed projects designed to encourage and assist Indians to enroll in health professions schools; or, if not qualified to enroll, to undertake postsecondary education or training required to qualify them for enrollment may include, but are not limited to, the following activities:

(1) Providing technical assistan and counseling to encourage and a

dians identified as having a pote

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education or training in the health ofessions

(i) To enroll in health professions hools.

(ii) To undertake any post-secondary lucation and training required to alify them to enroll in health profesons schools, and

***(iii) To obtain financial aid to enable hem to enroll in health professions Shools or undertake post-secondary

ucation or training required to qualy them to enroll in such schools;

(2) Conducting programs to (i) idenify factors such as deficiencies in asic communication, research, acaremic subject matter (such as science, nathematics, etc.), or other skills which may prevent or discourage Indins from enrolling in health profesions schools or undertaking the postsecondary education or training required to qualify them to enroll, and ii) provide counseling and technical assistance to Indians to assist them in undertaking the necessary education, training or other activities to overcome such factors.

(e) Proposed projects to publicize existing kinds of financial aid available to Indians enrolled in health professions schools or to Indians undertaking training necessary to qualify them to enroll in such schools may include, but are not limited to, the following activities:

(1) Collecting information on available sources of financial aid and disseminating such information to Indian students, Indians, recruited under programs assisted by grants under this subdivision and to Indian tribes, tribal organizations, urban Indian organizations, Indian health organizations and other interested groups and communities throughout the United States;

(2) Providing information on available sources of financial aid which can be utilized by programs and counselors assisting Indians to obtain financial aid.

(f) Proposed projects for establishment of other programs which will enhance or facilitate enrollment of Indians in health professions schools and the subsequent pursuit and completion by them of courses of study in such Thools may include, but are not limto, the following activities:

(1) Compilation and dissemination of information on

(1) Health professions education or training programs and the requirements for enrollment in such programs; and

(ii) Post-secondary education or training curricula and programs designed to qualify persons for enrollment in health professions schools;

(2) Developing and coordinating career orientation programs in local schools (including high schools) and colleges and universites;

(3) Developing programs to enable Indians to gain exposure to the health professions such as arranging for (i) visits to health care facilities and programs and meetings or seminars with health professionals, (ii) part-time summer or rotating employment in health care facilities, programs, or offices of health professionals, (iii) volunteer programs, or (iv) other means of providing such exposure;

(4) Developing programs which relate tribal culture and tradition, including native medicine, to careers in the health professions; and

(5) Developing programs to make Indians aware of projected health manpower needs, expected employment opportunities in the health professions, and other factors in order to orient and motivate Indians to pursue careers in the health professions.

[42 FR 59646, Nov. 18, 1977, as amended at 50 FR 1855, Jan. 14, 1985]

§ 36.313 Evaluation and grant awards.

(a) Within the limits of funds available for such purpose, the Secretary, acting through the Service, may award health professions recruitment grants to those eligible applicants whose proposed projects will in his judgment best promote the purposes of section 102 of the Act, taking into consideration:

(1) The potential effectiveness of the proposed project in carrying out such purposes;

(2) The capability of the applicant to successfully conduct the project;

(3) The accessibility of the applicant to target Indian communities or tribes, including evidence of past or potential cooperation between the applicant and such communities or tribes;

(4) The relationship of project objectives to known or anticipated Indian health manpower deficiencies;

(5) The soundness of the fiscal plan for assuring effective utilization of grant funds;

(6) The completeness of the application.

(b) Preference shall be given to applicants in the following order or priority: (1) Indian tribes, (2) tribal organizations, (3) urban Indian organizations and other Indian health organizations, and (4) public and other nonprofit profit private health or educational entities.

(c) The Notice of Grant Awards specifies how long the Secretary intends to support the project period without requiring the project to re-compete for funds. This period, called the project period, will usually be for one to two years. The total project period comprises the original project period and any extension. Generally the grant will be for a one year budget period, any subsequent award will also be a one year budget period. A grantee must submit a separate application for each subsequent year. Decisions regarding continuation awards and the funding level of such awards will be made after consideration of such factors as the grantee's progress and management practices, and the availability of funds. In all cases, awards require a determination by the Secretary that funding is in the best interest of the Federal Government.

(d) Neither the approval of any application nor the award of any grant commits or obligates the Federal Government in any way to make any additional, supplemental, continuation, or other award with respect to any approved application or portion of an approved application.

[42 FR 59646, Nov. 18, 1977, as amended at 50 FR 1855, Jan. 14, 1985]

§36.314 Use of funds.

A grantee shall only spend funds it receives under this subpart according to the approved application and budget, the regulations of this subpart, the terms and conditions of the award, and

the applicable cost principles pre scribed in subpart Q of 45 CFR part [50 FR 1855, Jan. 14, 1985]

§36.315 Publication of list of grantes and projects.

The Secretary acting through the Service shall publish annually in the FEDERAL REGISTER a list of organizations receiving grants under this subdivision including for each grantee: (a) The organization's name and address;

(b) The amount of the grant;

(c) A summary of the project's purposes and its geographic location.

§ 36.316 Other HHS regulations that apply.

Several other regulations apply to grants under this subdivision. These include but are not limited to:

42 CFR part 50, subpart D, Public Health Service grant appeals procedure

42 CFR part 16, Procedures of the Departmental Grant Appeals Board

45 CFR part 74, Administration of grants 45 CFR part 75, Informal grant appeals procedures

45 CFR part 84, Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance

45 CFR part 86, Nondiscrimination on the basis of sex in education programs and activities receiving or benefiting from Federal financial assistance

45 CFR part 91, Nondiscrimination on the basis of age in HHS programs or activities receiving Federal financial assistance [50 FR 1855, Jan. 14, 1985]

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