[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: 45CFR286.80]

[Page 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. 286.80  What information on minimum work participation requirements 
must a Tribe include in its Tribal Family Assistance Plan?

    (a) To assess a Tribe's level of success in meeting its TANF work 
objectives, a Tribe that submits a TFAP must negotiate with the 
Secretary minimum work participation requirements that will apply to 
families that receive Tribal TANF assistance that includes an adult or 
minor head of household receiving such assistance.
    (b) A Tribe that submits a TFAP must include in the plan the Tribe's 
proposal for minimum work participation requirements, which includes the 
following:
    (1) For each fiscal year covered by the plan, the Tribe's proposed 
participation rate(s) for all families, for all families and two-parent 
families, or for one-parent families and two-parent families;
    (2) For each fiscal year covered by the plan, the Tribe's proposed 
minimum number of hours per week that adults and minor heads of 
household will be required to participate in work activities;
    (i) If the Tribe elects to include reasonable transportation time to 
and from the site of work activities in determining the hours of work 
participation, it must so indicate in its TFAP along with a definition 
of ``reasonable'' for purposes of this subsection, along with:
    (A) An explanation of how the economic conditions and/or resources 
available to the Tribe justify inclusion of transportation time in 
determining work participation hours; and
    (B) An explanation of how counting reasonable transportation time is 
consistent with the purposes of TANF;
    (3) The work activities that count towards these work requirements;
    (4) Any exemptions, limitations and special rules being established 
in relation to work requirements; and
    (5) The Tribe must provide rationale for the above, explaining how 
the proposed work requirements relate to and are justified based on the 
Tribe's needs and conditions.
    (i) The rationale must address how the proposed work requirements 
are consistent with the purposes of TANF and with the economic 
conditions and resources of the Tribe.
    (ii) Examples of the information that could be included to 
illustrate the Tribe's proposal include, but are not limited to: 
poverty, unemployment, jobless and job surplus rates; education levels 
of adults in the service area; availability of and/or accessibility to 
resources (educational facilities, transportation) to help families 
become employable and find employment; and employment opportunities on 
and near the service area.