[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR286.20]

[Page 184]
 
                        TITLE 45--PUBLIC WELFARE
 
     CHAPTER II--OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), 
ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 286--TRIBAL TANF PROVISIONS--Table of Contents
 
                     Subpart B--Tribal TANF Funding
 
Sec. 286.20  How is the amount of a Tribal Family Assistance Grant (TFAG) 
determined?


    (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.