[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: 45CFR286.50]

[Page 186]
 
                        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. 286.50  Is there a limit on the percentage of a Tribal Family 
Assistance Grant that can be used for administrative costs?

    (a) ACF will negotiate a limitation on administrative costs with 
each Tribal TANF applicant individually for the first year of a 
program's operation based on the applicant's proposed administrative 
cost allocation. No Tribal TANF grantee may expend more than 35 percent 
of its Tribal Family Assistance Grant for administrative costs during 
the first year.
    (b) ACF will negotiate a limitation on administrative costs with 
each Tribal TANF applicant individually for the second year of a 
program's operation based on the applicant's proposed administrative 
cost allocation. No Tribal TANF grantee may expend more than 30 percent 
of its TFAG for administrative costs during the second year.
    (c) ACF will negotiate a limitation on administrative costs with 
each Tribal TANF applicant individually for the third and all subsequent 
years of a program's operation based on the applicant's proposed 
administrative cost allocation. As negotiated, a Tribal TANF grantee may 
not expend more than 25 percent of its TFAG for administrative costs 
during any subsequent grant period.
    (1) For the purposes of determining administrative costs, Tribes 
with approved plans who have been operating Tribal TANF programs prior 
to the effective date of this regulation will be able to negotiate a 
reasonable adjustment in their approved administrative cost rate, not to 
exceed the limitations in the Final Rule delineated above.
    (2) [Reserved]
    (d) ACF will negotiate limitations on administrative costs based on, 
but not limited to, a Tribe's TANF funding level, economic conditions, 
and the resources available to the Tribe, the relationship of the 
Tribe's administrative cost allocation proposal to the overall purposes 
of TANF, and a demonstration of the Tribe's administrative capability.