[Code of Federal Regulations]
[Title 45, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR1357.50]

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                        TITLE 45--PUBLIC WELFARE
 
CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 
                           AND HUMAN SERVICES
 
PART 1357--REQUIREMENTS APPLICABLE TO TITLE IV-B--Table of Contents
 
Sec. 1357.50  Direct payments to Indian Tribal organizations (title IV-B, subpart 2, family preservation and support services).

    (a) Definitions.
    Alaska Native Organization means any organized group of Alaska 
Natives eligible to operate a Federal program under the Indian Self-
Determination Act (Pub. L. 93-638) or such group's designee as defined 
in section 482(i)(7)(A) of the Act.
    Indian Tribe means any Tribe, band, nation, or other organized group 
or community of Indians that is recognized as eligible for the special 
programs and services provided by the United States to Indians because 
of their status as Indians; and for which a reservation (including 
Indian reservations, public domain Indian allotments, and former Indian 
reservations in Oklahoma) exists.
    Tribal organization means the recognized governing body of the 
Indian Tribe.
    (b) Eligibility for funds: FY 1994. (1) Section 432(b)(2) of the Act 
provides that the Secretary may not approve a plan of an Indian Tribe 
whose FY 1995 allotment under subpart 2 would be less than $10,000. 
Therefore, only those Indian Tribes whose FY 1995 allotment is $10,000 
or more are eligible to receive funds beginning in FY 1994.
    (2) ACF will pay any amount to which an Indian Tribe is entitled to 
the Tribal organization of the Indian Tribe.
    (c) Eligibility for funds: FY 1995. In order to receive funds under 
title IV-B, subpart 2, in FY 1995, an Indian Tribe that is eligible for 
planning funds in FY 1994 must submit a Child and Family Services Plan 
that meets the applicable requirements in section 1357.15 of this Part.
    (d) Eligibility for funds: FY 1996 through FY 1998. (1) ACF will 
make grants to additional Indian Tribes in Fys 1996 through 1998 in the 
event that there are increased appropriations.
    (2) Allotments will be calculated in Fys 1996, 1997, and 1998 as 
required in section 433 of the Act. Those Indian Tribes in each year 
whose allotment is at least $10,000 will be notified of their 
eligibility to apply.
    (3) In order to receive funds, additional Indian Tribes which become 
eligible for grants in FY 1996, 1997, and 1998 must submit either a five 
year Child and Family Services Plan (CFSP) that meets the applicable 
requirements of 45 CFR 1357.15 or an application for planning funds by 
June 30 of the year in which they first become eligible for grants. 
Those Indian Tribes which submitted an application for planning funds in 
their first year of funding must submit a five year CFSP that meets the 
applicable requirements of 45 CFR 1357.15 by June 30 of the second year 
they receive funding. For example, in order to receive funds, an Indian 
Tribe which becomes eligible to receive funding beginning in FY 1996 
must submit either an application for planning funds or a CFSP by June 
30, 1996. If the Indian Tribe submitted an application for planning 
funds in FY 1996, they must submit a CFSP by June 30, 1997.
    (4) All Indian Tribes will be Federally reimbursed at 75 percent of 
allowable expenditures. Federal funds without match are available in the 
first year of receipt of funds for additional Indian Tribes meeting the 
following criteria:

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    (i) Submittal of an application for planning funds, and not a five 
year CFSP;
    (ii) Receipt of an initial award in FY 1996 or 1997 or 1998; and
    (iii) A proposal to spend the entire grant in the first year on 
planning.
    (e) Allotments. Allotments to Indian Tribes are computed based on 
section 433 of the Act and are based on a ratio of the number of 
children in each Indian Tribe with an approved plan compared to the 
number of children in all Indian Tribes with approved plans, based on 
the most current and reliable data available.
    (f) Exemptions of requirements. (1) ACF has exempted Indian Tribes 
from three statutory requirements:
    (i) The limitation on administrative costs to 10 percent of total 
Federal and Tribal funds-- Indian Tribes may use the indirect cost rate 
agreement in effect for the Tribe;
    (ii) The requirement for maintenance of effort that funds under this 
program may not be used to supplant other Federal and non-Federal funds; 
and
    (iii) The requirement that a significant portion of funds must be 
used for both family support and family preservation services.
    (2) Specific exemptions from other statutory requirements may be 
requested by the Tribe in the course of its joint planning. Such a 
request must contain a compelling reason.
    (g) Matching requirement. (1) Funds used to provide services in FY 
1994 and in subsequent years will be federally reimbursed at 75 percent 
of allowable expenditures. (This is the same Federal financial 
participation rate as title IV-B, subpart 1.) The Indian Tribe's match 
must be at least 25 percent of the total project costs or one-third of 
the Federal share. Federal funds, however, will not exceed the amount of 
the Indian Tribe's allotment.
    (2) The Indian Tribe's contribution may be in cash, donated funds, 
and non-public third party in-kind contributions.
    (3) Indian Tribes, by statute, may use the following three Federal 
sources of funds as matching funds: Indian Child Welfare Act funds, 
Indian Self-Determination and Education Assistance Act funds, and 
Community Development Block Grant funds.
    (h) Time limits on expenditures. An Indian Tribe must expend all 
funds by September 30 of the fiscal year following the fiscal year in 
which the funds were awarded.

[61 FR 58662, Nov. 18, 1996]

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