[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: 45CFR286.75]

[Page 187-189]
 
                        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 C--Tribal TANF Plan Content and Processing
 
Sec. 286.75  What must be included in the Tribal Family Assistance Plan?

    (a) The TFAP must outline the Tribe's approach to providing welfare-

[[Page 188]]

related services for the three-year period covered by the plan, 
including:
    (1) Information on the general eligibility criteria the Tribe has 
established, which includes a definition of ``needy family,'' including 
income and resource limits and the Tribe's definition of ``Tribal member 
family'' or ``Indian family.''
    (2) A description of the assistance, services, and activities to be 
offered, and the means by which they will be offered. The description of 
the services, assistance, and activities to be provided includes whether 
the Tribe will provide cash assistance, and what other assistance, 
services, and activities will be provided.
    (3) If the Tribe will not provide the same services, assistance, and 
activities in all parts of the service area, the TFAP must indicate any 
variations.
    (4) If the Tribe opts to provide different services to specific 
populations, including teen parents and individuals who are 
transitioning off TANF assistance, the TFAP must indicate whether any of 
these services will be provided and, if so, what services will be 
provided.
    (5) The Tribe's goals for its TANF program and the means of 
measuring progress towards those goals;
    (6) Assurance that a 45-day public comment period on the Tribal TANF 
plan concluded prior to the submission of the TFAP.
    (7) Assurance that the Tribe has developed a dispute resolution 
process to be used when individuals or families want to challenge the 
Tribe's decision to deny, reduce, suspend, sanction or terminate 
assistance.
    (8) Tribes may require cooperation with child support enforcement 
agencies as a condition of eligibility for TANF assistance. Good cause 
and other exceptions to cooperation shall be defined by the Tribal TANF 
program.
    (b) The TFAP must identify which Tribal agency is designated by the 
Tribe as the lead agency for the overall administration of the Tribal 
TANF program along with a description of the administrative structure 
for supervision of the TANF program.
    (c) The TFAP must indicate whether the services, assistance and 
activities will be provided by the Tribe itself or through grants, 
contracts or compacts with inter-Tribal consortia, States, or other 
entities.
    (d) The TFAP must identify the population to be served by the Tribal 
TANF program.
    (1) The TFAP must identify whether it will serve Tribal member 
families only, or whether it will serve all Indian families residing in 
the Tribal TANF service area.
    (2) If the Tribe wishes to serve any non-Indian families (and thus 
include non-Indians in its service population), an agreement with the 
State TANF agency must be included in the TFAP. This agreement must 
provide that, where non-Indians are to be served by Tribal TANF, these 
families are subject to Tribal TANF program rules.
    (e) The TFAP must include a description of the geographic area to be 
served by the Tribal TANF program, including a specific description of 
any ``near reservation'' areas, as defined at 45 CFR 20.1(r), or any 
areas beyond ``near reservation'' to be included in the Tribal TANF 
service area.
    (1) In areas beyond those defined as ``near reservation'', the TFAP 
must demonstrate the Tribe's administrative capacity to serve such areas 
and the State(s)', and if applicable, other Tribe(s)' concurrence with 
the proposed defined boundaries.
    (2) A Tribe cannot extend its service area boundaries beyond the 
boundaries of the State(s) in which the reservation and BIA near-
reservation designations are located.
    (3) For Tribes in Oklahoma, if the Tribe defines its service area as 
other than its ``tribal jurisdiction statistical area'' (TJSA), the 
Tribe must include an agreement with the other Tribe(s) reflecting 
agreement to the service area. TJSAs are areas delineated by the Census 
Bureau for each federally-recognized Tribe in Oklahoma without a 
reservation.
    (f) The TFAP must provide that a family receiving assistance under 
the plan may not receive duplicative assistance from other State or 
Tribal TANF programs and must include a description of the means by 
which the Tribe will ensure duplication does not occur.

[[Page 189]]

    (g) The TFAP must identify the employment opportunities in and near 
the service area and the manner in which the Tribe will cooperate and 
participate in enhancing such opportunities for recipients of assistance 
under the plan, consistent with any applicable State standards. This 
should include:
    (1) A description of the employment opportunities available, in both 
the public and private sector, within and near the Tribal service area; 
and
    (2) A description of how the Tribe will work with public and private 
sector employers to enhance the opportunities available for Tribal TANF 
recipients.
    (h) The TFAP must provide an assurance that the Tribe applies the 
fiscal accountability provisions of section 5(f)(1) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450c(f)(1)), 
relating to the submission of a single-agency audit report required by 
chapter 75 of title 31, United States Code.