[Code of Federal Regulations]
[Title 45, Volume 1]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR98.61]
[Page 546-547]
TITLE 45--PUBLIC WELFARE
AND HUMAN SERVICES
PART 98--CHILD CARE AND DEVELOPMENT FUND--Table of Contents
Subpart G--Financial Management
Sec. 98.61 Allotments from the Discretionary Fund.
(a) To the 50 States, the District of Columbia, and the Commonwealth
of Puerto Rico an amount equal to the funds appropriated for the Child
Care and Development Block Grant, less amounts reserved for technical
assistance and amounts reserved for the Territories and Tribes, pursuant
to Sec. 98.60(b) and paragraphs (b) and (c) of this section, shall be
allotted based upon the formula specified in section 658O(b) of the Act.
(b) For the U.S. Territories of Guam, American Samoa, the Virgin
Islands of the United States, and the Commonwealth of the Northern
Mariana Islands an amount up to one-half of one percent of the amount
appropriated for the Child Care and Development Block Grant shall be
reserved.
(1) Funds shall be allotted to these Territories based upon the
following factors:
(i) A Young Child factor--the ratio of the number of children in the
Territory under five years of age to the number of such children in all
Territories; and
(ii) An Allotment Proportion factor--determined by dividing the per
capita income of all individuals in all the Territories by the per
capita income of all individuals in the Territory.
(A) Per capita income shall be:
(1) Equal to the average of the annual per capita incomes for the
most recent period of three consecutive years for which satisfactory
data are available at the time such determination is made; and
(2) Determined every two years.
(B) Per capita income determined, pursuant to paragraph
(b)(1)(ii)(A) of this section, will be applied in establishing the
allotment for the fiscal year for which it is determined and for the
following fiscal year.
(C) If the Allotment Proportion factor determined at paragraph
(b)(1)(ii) of this section:
(1) Exceeds 1.2, then the Allotment Proportion factor of the
Territory shall be considered to be 1.2; or
[[Page 547]]
(2) Is less than 0.8, then the Allotment Proportion factor of the
Territory shall be considered to be 0.8.
(2)(i) The formula used in calculating a Territory's allotment is as
follows:
[GRAPHIC] [TIFF OMITTED] TR24JY98.000
(ii) For purposes of the formula specified at paragraph (b)(2)(i) of
this section, the term ``YCFt'' means the Territory's Young
Child factor as defined at paragraph (b)(1)(i) of this section.
(iii) For purposes of the formula specified at paragraph (b)(2)(i)
of this section, the term ``APFt'' means the Territory's
Allotment Proportion factor as defined at paragraph (b)(1)(ii) of this
section.
(c) For Indian Tribes and tribal organizations, including any
Alaskan Native Village or regional or village corporation as defined in
or established pursuant to the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq) an amount up to two percent of the amount
appropriated for the Child Care and Development Block Grant shall be
reserved.
(1) Except as specified in paragraph (c)(2) of this section, grants
to individual tribal grantees will be equal to the sum of:
(i) A base amount as set by the Secretary; and
(ii) An additional amount per Indian child under age 13 (or such
similar age as determined by the Secretary from the best available
data), which is determined by dividing the amount of funds available,
less amounts set aside for eligible Tribes, pursuant to paragraph
(c)(1)(i) of this section, by the number of all Indian children living
on or near tribal reservations or other appropriate area served by the
tribal grantee, pursuant to Sec. 98.80(e).
(2) Grants to Tribes with fewer than 50 Indian children that apply
as part of a consortium, pursuant to Sec. 98.80(b)(1), are equal to the
sum of:
(i) A portion of the base amount, pursuant to paragraph (c)(1)(i) of
this section, that bears the same ratio as the number of Indian children
in the Tribe living on or near the reservation, or other appropriate
area served by the tribal grantee, pursuant to Sec. 98.80(e), does to
50; and
(ii) An additional amount per Indian child, pursuant to paragraph
(c)(1)(ii) of this section.
(3) Tribal consortia will receive grants that are equal to the sum
of the individual grants of their members.
(d) All funds reserved for Territories at paragraph (b) of this
section will be allotted to Territories, and all funds reserved for
Tribes at paragraph (c) of this section will be allotted to tribal
grantees. Any funds that are returned by the Territories after they have
been allotted will revert to the Federal government.
(e) For other organizations, up to $2,000,000 may be reserved from
the tribal funds reserved at paragraph (c) of this section. From this
amount the Secretary may award a grant to a Native Hawaiian
Organization, as defined in section 4009(4) of the Augustus F. Hawkins-
Robert T. Stafford Elementary and Secondary School Improvement
Amendments of 1988 (20 U.S.C. 4909(4)) and to a private non-profit
organization established for the purpose of serving youth who are
Indians or Native Hawaiians. The Secretary will establish selection
criteria and procedures for the award of grants under this subsection by
notice in the Federal Register.