[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: 45CFR286.30]

[Page 184-185]
 
                        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. 286.30  What is the process for retrocession of a Tribal Family 
Assistance Grant?

    (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

[[Page 185]]

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.