45 C.F.R. Subpart B—Tribal TANF Funding
Title 45 - Public Welfare
(a) We will request and use data submitted by a State to determine the amount of a TFAG. The State data that we will request and use are the total Federal payments attributable to State expenditures, including administrative costs (which includes systems costs) for fiscal year 1994 under the former Aid to Families With Dependent Children, Emergency Assistance and Job Opportunities and Basic Skills Training programs, for all Indian families residing in the geographic service area or areas identified in the Tribe's letter of intent or Tribal Family Assistance Plan. (1) A Tribe must indicate its definition of “Indian family” in its Tribal Family Assistance Plan. Each Tribe may define “Indian family” according to its own criteria. (2) When we request the necessary data from the State, the State will have 30 days from the date of the request to submit the data. (i) If we do not receive the data requested from the State at the end of the 30-day period, we will so notify the Tribe. (ii) In cases where data is not received from the State, the Tribe will have 45 days from the date of the notification in which to submit relevant information. Relevant information may include, but is not limited to, Census Bureau data, data from the Bureau of Indian Affairs, data from other Federal programs, and Tribal records. In such a case, we will use the data submitted by the Tribe to assist us in determining the amount of the TFAG. Where there are inconsistencies in the data, follow-up discussions with the Tribe and the State will ensue. (b) We will share the data submitted by the State under paragraph (a)(2)(i) of this section with the Tribe. The Tribe must submit to the Secretary a notice as to the Tribe's agreement or disagreement with such data no later than 45 days after the date of our notice transmitting the data from the State. During this 45-day period we will help resolve any questions the Tribe may have about the State-submitted data. (c) We will notify each Tribe that has submitted a TFAP of the amount of the TFAG. At this time, we will also notify the State of the amount of the reduction in its SFAG. (d) We will prorate TFAGs that are initially effective on a date other than October 1 of any given Federal fiscal year, based on the number of days remaining in the Federal fiscal year. (a) If a Tribe disagrees with the data submitted by a State, the Tribe may submit additional relevant information to the Secretary. Relevant information may include, but is not limited to, Census Bureau data, data from the Bureau of Indian Affairs, data from other Federal programs, and Tribal records. (1) The Tribe must submit any relevant information within 45 days from the date it notifies the Secretary of its disagreement with State submitted data under §286.20(b). (2) We will review the additional relevant information submitted by the Tribe, together with the State-submitted data, in order to make a determination as to the amount of the TFAG. We will determine the amount of the TFAG at the earliest possible date after consideration of all relevant data. (a) A Tribe that wishes to terminate its TFAG prior to the end of its three-year plan must— (1) Notify the Secretary and the State in writing of the reason(s) for termination no later than 120 days prior to the effective date of the termination, or (2) Notify the Secretary in writing of the reason(s) for termination no later than 30 days prior to the effective date of the termination, where such effective data is mutually agreed upon by the Tribe and the affected State(s). (b) The effective date of the termination must coincide with the last day of a calendar month. (c) For a Tribe that retrocedes, the provisions of 45 CFR part 92 will apply with regard to closeout of the grant. All unobligated funds will be returned by the Tribe to the Federal government. (d) The SFAG will be increased by the amount of the TFAG available for the subsequent quarterly installment. (e) A Tribe's application to implement a TANF program subsequent to its retrocession will be treated as any other application to operate a TANF program, except that we may take into account when considering approval— (1) Whether the circumstances that the Tribe identified for termination of its TANF program remain applicable and the extent to which— (i) The Tribe has control over such circumstances, and (ii) Such circumstances are reasonably related to program funding accountability, and (2) Whether any outstanding funds and penalty amounts are repaid. (f) A Tribe which retrocedes a Tribal TANF program is responsible for: (1) Complying with the data collection and reporting requirements and all other program requirements for the period before the retrocession is effective; (2) Any applicable penalties (see subpart D) for actions occurring prior to retrocession; the provisions of 45 CFR Part 92 and OMB Circulars A–87 and A–133; (3) compliance with other Federal statutes and regulations applicable to the TANF program; and (4) any penalties resulting from audits covering the period before the effective date of retrocession. (a) Tribes may use TFAGs for expenditures that: (1) Are reasonably calculated to accomplish the purposes of TANF, including, but not limited to, the provision to low income households with assistance in meeting home heating and cooling costs; assistance in economic development and job creation activities, the provision of supportive services to assist needy families to prepare for, obtain, and retain employment; the provision of supportive services to prevent of out-of-wedlock pregnancies, and assistance in keeping families together, or (2) Were an authorized use of funds under the State plans for Parts A or F of title IV of the Social Security Act, as such parts were in effect on September 30, 1995. (a) If the Tribe elects to operate an IDA program, it may use Federal TANF funds or WtW funds to fund IDAs for individuals who are eligible for TANF assistance and may exercise flexibility within the limits of Federal regulations and the statute. (b) The following restrictions apply to IDA funds: (1) A recipient may deposit only earned income into an IDA. (2) A recipient's contributions to an IDA may be matched by, or through, a qualified entity. (3) A recipient may withdraw funds only for the following reasons: (i) To cover post-secondary education expenses, if the amount is paid directly to an eligible educational institution; (ii) For the recipient to purchase a first home, if the amount is paid directly to the person to whom the amounts are due and it is a qualified acquisition cost for a qualified principal residence by a qualified first-time buyer; or (iii) For business capitalization, if the amounts are paid directly to a business capitalization account in a federally insured financial institution and used for a qualified business capitalization expense. (c) To prevent recipients from withdrawing funds held in an IDA improperly, Tribes may do the following: (1) Count withdrawals as earned income in the month of withdrawal, unless already counted as income, (2) Count withdrawals as resources in determining eligibility, or (3) Take such other steps as the Tribe has established in its Tribal plan or written Tribal policies to deter inappropriate use. (a) A Tribe may not use Tribal Family Assistance Grant funds to provide assistance to: (1) Families or individuals that do not otherwise meet the eligibility criteria contained in the Tribal Family Assistance Plan (TFAP); or (2) For more than the number of months as specified in a Tribe's TFAP (unless covered by a hardship exemption); or (3) Individuals who are not citizens of the United States or qualified aliens or who do not otherwise meet the definition of “eligible families” at §286.5. (b) Tribal Family Assistance Grant funds may not be used to contribute to or to subsidize non-TANF programs. (c) A Tribe may not use Tribal Family Assistance Grant funds for services or activities prohibited by OMB Circular A–87. (d) All provisions in OMB Circular A–133 and in 45 CFR part 92 are applicable to the Tribal TANF program. (e) Tribal TANF funds may not be used for the construction or purchase of facilities or buildings. (f) Tribes must use program income generated by the Tribal Family Assistance grant for the purposes of the TANF program and for allowable TANF services, activities and assistance. (a) ACF will negotiate a limitation on administrative costs with each Tribal TANF applicant individually for the first year of a program's operation based on the applicant's proposed administrative cost allocation. No Tribal TANF grantee may expend more than 35 percent of its Tribal Family Assistance Grant for administrative costs during the first year. (b) ACF will negotiate a limitation on administrative costs with each Tribal TANF applicant individually for the second year of a program's operation based on the applicant's proposed administrative cost allocation. No Tribal TANF grantee may expend more than 30 percent of its TFAG for administrative costs during the second year. (c) ACF will negotiate a limitation on administrative costs with each Tribal TANF applicant individually for the third and all subsequent years of a program's operation based on the applicant's proposed administrative cost allocation. As negotiated, a Tribal TANF grantee may not expend more than 25 percent of its TFAG for administrative costs during any subsequent grant period. (1) For the purposes of determining administrative costs, Tribes with approved plans who have been operating Tribal TANF programs prior to the effective date of this regulation will be able to negotiate a reasonable adjustment in their approved administrative cost rate, not to exceed the limitations in the Final Rule delineated above. (2) [Reserved] (d) ACF will negotiate limitations on administrative costs based on, but not limited to, a Tribe's TANF funding level, economic conditions, and the resources available to the Tribe, the relationship of the Tribe's administrative cost allocation proposal to the overall purposes of TANF, and a demonstration of the Tribe's administrative capability. (a) Activities that fall within the definition of “administrative costs” at §286.5 are subject to the limit determined under §286.50. (b) Information technology and computerization for tracking, data entry and monitoring, including personnel and other costs associated with the automation activities needed for Tribal TANF monitoring, data entry and tracking purposes, are excluded from the administrative cost cap, even if they fall within the definition of “administrative costs.” (c) Designing, administering, monitoring, and controlling a sample are not inherent parts of information technology and computerization and, thus, costs associated with these tasks must be considered administrative costs. (d) Indirect Costs negotiated by BIA, the Department's Division of Cost Allocation, or another federal agency must be considered to be part of the total administrative costs. (a) No. A Tribe may reserve amounts awarded to it, without fiscal year limitation, to provide assistance under the Tribal TANF program. (b) A Tribe may expend funds beyond the fiscal year in which awarded only on benefits that meet the definition of assistance at §286.10 or on the administrative costs directly associated with providing that assistance.
Title 45: Public Welfare
PART 286—TRIBAL TANF PROVISIONS
Subpart B—Tribal TANF Funding
§ 286.20 How is the amount of a Tribal Family Assistance Grant (TFAG) determined?
§ 286.25 How will we resolve disagreements over the State-submitted data used to determine the amount of a Tribal Family Assistance Grant?
§ 286.30 What is the process for retrocession of a Tribal Family Assistance Grant?
§ 286.35 What are proper uses of Tribal Family Assistance Grant funds?
§ 286.40 May a Tribe use the Tribal Family Assistance Grant to fund IDAs ?
§ 286.45 What uses of Tribal Family Assistance Grant funds are improper?
§ 286.50 Is there a limit on the percentage of a Tribal Family Assistance Grant that can be used for administrative costs?
§ 286.55 What types of costs are subject to the administrative cost limit on Tribal Family Assistance Grant funds?
§ 286.60 Must Tribes obligate all Tribal Family Assistance Grant funds by the end of the fiscal year in which they are awarded?
