45 C.F.R. Subpart D—Tribal CSE Program Funding
Title 45 - Public Welfare
Federal funding of Tribal CSE programs is based on information contained in the Tribal CSE application, which includes a proposed budget, a description of the nature and scope of the Tribal CSE program and which gives assurance that it will be administered in conformity with applicable requirements of title IV-D, regulations contained in this part, and other official issuances of the Department. (a) General mechanism. Tribal CSE programs will be funded on an annual basis. At or just before the beginning of a Tribal grantee's program year, OCSE will issue a grant award to the Tribe or Tribal organization to operate its Tribal CSE program for the following 12-month budget period. (b) Special provision for initial grant. A Tribe or Tribal organization may request that its initial Tribal CSE grant award be for a period of less than a year (but at least six months) or more than an year (but not to exceed 17 months) to enable its program funding cycle to coincide with its desired annual funding cycle. (c) Determination of Tribal funding amounts. The Secretary or designee will determine the amount of funds that a Tribe or Tribal organization needs to pay reasonable, necessary, and allocable costs to operate its Tribal CSE program, based on information supplied by the Tribe or Tribal organization on Standard Form 424 (Application for Federal Assistance), Standard Form 424A (Budget Information “ Non-Construction Programs), and the Tribe or Tribal organization's CSE plan, as reviewed and approved by the Secretary or designee. The Secretary or designee will review the grantee's request, ask for additional information as necessary, and negotiate any appropriate adjustments with the grantee. (d) Federal and non-Federal shares. (1)(i) During the first three years in which a Tribe or Tribal organization operates a full CSE program under §310.65(a) of this part, the amount of the Federal grant will not exceed 90 percent of the total approved budget of the assisted program, unless the Secretary or designee has granted a waiver pursuant to paragraph (d)(2) of this section. After a Tribe or Tribal organization has operated a full CSE program under §310.65(a) of this part for three years, the amount of the Federal grant will not exceed 80 percent of the total approved budget of the assisted program, unless the Secretary or designee has granted a waiver pursuant to paragraph (d)(2) of this section. (ii) During the first three years in which a Tribe or Tribal organization operates a full CSE program under §310.65(a) of this part, the Tribe or Tribal organization must contribute to its Tribal CSE program a non-Federal (Tribal) matching share of at least 10 percent of the total approved budget of the assisted program, unless the Secretary or designee has granted a waiver pursuant to paragraph (d)(2) of this section. After a Tribe or Tribal organization has operated a full CSE program under §310.65(a) of this part for three years, the Tribe or Tribal organization must contribute to its Tribal CSE program a non-Federal (Tribal) matching share of at least 20 percent of the total approved budget of the assisted program, unless the Secretary or designee has granted a waiver pursuant to paragraph (d)(2) of this section. The non-Federal share may be provided in cash and/or in kind, fairly valued, by the Tribe or Tribal organization and/or by a third party, in accordance with the requirements of 45 CFR 92.24 and this part. (iii) Donations of funds, and in-kind contributions of property and services valued at fair market value, from a third party to a Tribe or Tribal organization, may satisfy the non-Federal share requirement. The non-Federal share requirement may not be satisfied by: (A) Donations for which the donor receives or expects to receive a financial or economic benefit; (B) Donations intended as consideration for any benefit received from the Tribe or Tribal organization; (C) Donations whose costs ultimately will be borne by another Federal grant; or (D) Any other donation which the Secretary or designee determines to benefit the donor in a manner inconsistent with 45 CFR part 92. (2)(i) A Tribe or Tribal organization that lacks sufficient resources to provide a 10 or 20 percent non-Federal matching share may request a waiver of part or all of the non-Federal share. (ii) Requests for waiver of part or all of the non-Federal matching share must be included with initial applications for funding, refunding applications, and budget amendment requests, and must contain the following: (A) A statement that the Tribe or Tribal organization lacks the available resources to meet the 10 or 20 percent non-Federal matching share; (B) A statement of the amount of the non-Federal share that the Tribe or Tribal organization requests the Secretary or designee to waive; (C) A statement of the reasons that the Tribe or Tribal organization is unable to meet the non-Federal share requirement; and (D) Documentation that reasonable efforts to obtain the non-Federal share have been unsuccessful. (iii) The Secretary or designee may require submission of additional information and documentation as necessary. The Secretary or designee will grant a waiver of all or part of the non-Federal matching share, as appropriate, if he or she determines that a waiver request demonstrates that the Tribe or Tribal organization lacks sufficient resources to provide the non-Federal share, has made reasonable but unsuccessful efforts to obtain non-Federal share contributions, and has provided all required information. Waiver of all or part of the non-Federal share shall apply only to the budget period for which application was made. (e) Increase in approved budget. A Tribal CSE grantee may request an adjustment to increase the approved level of its current budget by submitting Standard Form 424 (Application for Federal Assistance) and Standard Form 424A (Budget Information “ Non-Construction Programs), and explaining why it needs to increase its budget. The Tribe or Tribal organization should submit this request at least 60 days before additional funds are needed, in order to allow the Secretary or designee adequate time to review the estimates and issue a revised grant award as appropriate. Requests for changes to budget levels are subject to approval by the Secretary or designee. If the change in a grantee's budget estimate results from a change in the grantee's CSE plan, the grantee also needs to submit a plan amendment in accordance with §310.25(c) of this part, with its request for additional funding. The effective date of a plan amendment may not be earlier than the first day of the calendar quarter in which an approvable plan is submitted in accordance with §310.25(e). The Secretary or designee will review the grantee's request, ask for additional information as necessary, and negotiate any appropriate adjustments with the grantee. The Secretary or designee must approve the plan amendment before approving any additional funding. (f) Obtaining Federal funds. Tribes and Tribal organizations will obtain Federal funds on a draw down basis from the Department's Payment Management System. (g) Grant administration requirements. The Tribal CSE program is subject to the grant administration regulations under 45 CFR part 92. (a) A Tribe or Tribal organization must obligate its CSE grant funds by the end of the budget period for which they were awarded. Any funds that remain unobligated at the end of the budget period for which they were awarded must be returned to the Department. A Tribe or Tribal organization must estimate in its refunding application any amounts that may be unobligated at the end of the current budget period. In its fourth quarter financial report for a budget period, a Tribe or Tribal organization must indicate the exact amount of any funds that remained unobligated at the end of that budget period. The Department will reduce the amount of the Tribe or Tribal organization's grant award for the budget period for which any unobligated funds were awarded by the amount that remained unobligated at the end of this budget period. (b) A Tribe or Tribal organization must liquidate obligations by the last day of the 12-month period following the budget period for which the funds were awarded and the Tribe or Tribal organization obligated the funds, unless the Department grants an exemption and extends the time period for liquidation. Funds that remain unliquidated after the time period for liquidation has expired must be returned to the Department. Tribes and Tribal organizations may request an exemption to this rule based on extenuating circumstances. A request for an exemption must be sent to the OCSE grants officer listed on the most recent grant award and must be made before the end of the time period for liquidation; such requests are subject to approval by the Department. If any funds remain unliquidated at the end of the maximum time period for liquidation, the Department will reduce the amount of the Tribe or Tribal organization's grant award for the budget period for which any unliquidated funds were awarded, by the amount that remains unliquidated at the end of the liquidation period. Repeated failure by a Tribe or Tribal organization to liquidate obligations in a timely way would result in the Department's reexamination of the program budget development process and could result in action to address financial systems deficiencies. (a) A Tribe or Tribal organization operating a Tribal CSE program must submit a Financial Status Report, Standard Form 269, quarterly. The Financial Status Reports for each of the first three quarters of the budget period are due 30 days after the end of each quarterly reporting period. The Financial Status Report for the fourth quarter is due 90 days after the end of the fourth quarter of each budget period. (b) A Tribe or Tribal organization operating a Tribal CSE program must submit the “Child Support Enforcement Program: Quarterly Report of Collections” (Form OCSE–34A), or such other report as the Secretary or designee may prescribe, quarterly. The reports for each of the first three quarters of the budget period are due 30 days after the end of each quarterly reporting period. The report for the fourth quarter is due 90 days after the end of the fourth quarter of each budget period. (c) A Tribe or Tribal organization operating a Tribal CSE program must submit a report on the liquidation of its CSE obligations, using the Financial Status Report, Standard Form 269. The liquidation report is due 30 days after the end of the maximum period for liquidation of obligations, or 30 days after all grant funds are liquidated, whichever is earlier. (d) The Secretary or designee will consider requiring less frequent financial reporting for Tribal CSE agencies that submit the required financial reports timely and accurately, and establish adequate financial systems and effective program operations under the Tribal CSE program. Federal funds are available for direct costs of operating a Tribal CSE program under an approved Tribal CSE application carried out under §310.65(a) of this part, provided that such costs are determined by the Secretary or designee to be reasonable, necessary, and allocable to the program. Federal funds are also available for indirect costs, where applicable, at the appropriate negotiated indirect cost rate. Allowable activities and costs include: (a) Support enforcement services provided to eligible individuals, including: parent locator services; paternity establishment; and support order establishment, modification, and enforcement services; (b) Administration of the Tribal CSE program, including but not limited to the following: (1) Establishment and administration of the Tribal CSE program plan; (2) Monitoring the progress of program development and operations, and evaluating the quality, efficiency, effectiveness, and scope of available support enforcement services; (3) Establishment of all necessary agreements with other Tribal, State, and local agencies or private providers for the provision of child support enforcement services in accordance with Procurement Standards found in 45 CFR 92.36. These agreements may include: (i) Necessary administrative agreements for support services; (ii) Use of Tribal, Federal, State, and local information resources; (iii) Cooperation with courts and law enforcement officials; (iv) Securing compliance with the requirements of the Tribal CSE program plan in operations under any agreements; (v) Development and maintenance of systems for fiscal and program records and reports required to be made to OCSE based on these records; and (vi) Development of cost allocation systems; (c) Establishment of paternity, including: (1) Establishment of paternity in accordance with Tribal codes or custom as outlined in the approved Tribal CSE program plan; (2) Reasonable attempts to determine the identity of a child's father, such as: (i) Investigation; (ii) Development of evidence including the use of genetic testing performed by accredited laboratories; and (iii) Pre-trial discovery; (3) Court or administrative or other actions to establish paternity pursuant to procedures established by Tribal codes or custom as outlined in the approved Tribal CSE program plan; (4) Identifying accredited laboratories that perform genetic tests (as appropriate); and (5) Referrals of cases to another Tribal CSE agency or to a State to establish paternity when appropriate; (d) Establishment, modification, and enforcement of support obligations including: (1) Investigation, development of evidence and, when appropriate, court or administrative actions; (2) Determination of the amount of the support obligation (including determination of income and allowable in-kind support under Tribal CSE guidelines, if appropriate); (3) Enforcement of a support obligation including those activities associated with collections and the enforcement of court orders, administrative orders, warrants, income withholding, criminal proceedings, and prosecution of fraud related to child support; and (4) Investigation and prosecution of fraud related to child and spousal support; (e) Collection and disbursement of support payments, including: (1) Establishment and operation of an effective system for making collections and identifying delinquent cases and collecting from them; (2) Referral of cases to another Tribal CSE agency or to a State CSE program for collection when appropriate; and (3) Making collections for another Tribal CSE program or for a State CSE program; (f) Establishment and operation of a Tribal Parent Locator Service (TPLS) or agreements for referral of cases to a State PLS, another Tribal PLS, or the Federal PLS for location purposes; (g) Activities related to requests to State CSE programs for certification of collection for Federal Income Tax Refund Offset; (h) Establishing and maintaining case records; (i) Planning, design, development, installation, enhancement, and operation of CSE computer systems; (j) Staffing and equipment that are directly related to operating a Tribal CSE program; (k) The portion of salaries and expenses of a Tribe's chief executive and staff that is directly attributable to managing and operating a Tribal CSE program; (l) The portion of salaries and expenses of Tribal judges and staff that is directly related to Tribal CSE program activities; (m) Service of process; (n) Training on a short-term basis that is directly related to operating a Tribal CSE program; (o) Costs associated with obtaining technical assistance that are directly related to operating a CSE program, from outside sources, including Tribes, Tribal organizations, State agencies, and private organizations, and costs associated with providing such technical assistance to public entities; and (p) Any other reasonable, necessary, and allocable costs with a direct correlation to a Tribal CSE program, consistent with the cost principles in OMB Circular A–87.
Title 45: Public Welfare
PART 310—COMPREHENSIVE TRIBAL CHILD SUPPORT ENFORCEMENT (CSE) PROGRAMS
Subpart D—Tribal CSE Program Funding
§ 310.125 On what basis is Federal funding in Tribal CSE programs determined?
§ 310.130 How will Tribal CSE programs be funded?
§ 310.135 How long do Tribes and Tribal organizations have to obligate and spend CSE grant funds?
§ 310.140 What are the financial reporting requirements?
§ 310.145 What costs are allowable charges to Tribal CSE programs carried out under §310.65(a) of this part?
§ 310.150 [Reserved]
§ 310.155 What uses of Tribal CSE program funds are not allowable?
Federal Tribal CSE funds may not be used for:
(a) Services provided or fees paid by other Federal agencies, or by programs funded by other Federal agencies;
(b) Construction and major renovations;
(c) Any expenditures that have been reimbursed by fees collected;
(d) Expenditures for jailing of parents in Tribal CSE program cases;
(e) The cost of legal counsel for indigent defendants in Tribal CSE program actions;
(f) The cost of guardians ad litem; and
(g) All other costs that are not reasonable, necessary, and allocable in Tribal CSE programs, under the costs principles in OMB Circular A–87.
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