[Code of Federal Regulations]
[Title 45, Volume 2]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 45CFR309.10]

[Page 303]
 
                        TITLE 45--PUBLIC WELFARE
 
    CHAPTER III--OFFICE OF CHILD SUPPORT ENFORCEMENT (CHILD SUPPORT 
 
PART 309_TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D) PROGRAM--Table of Contents
 
            Subpart A_Tribal IV-D Program: General Provisions
 
Sec. 309.10  Who is eligible to apply for and receive Federal funding to 
operate a Tribal IV-D program?

    The following Tribes or Tribal organizations are eligible to apply 
to receive Federal funding to operate a Tribal IV-D program meeting the 
requirements of this part:
    (a) An Indian Tribe with at least 100 children under the age of 
majority as defined by Tribal law or code, in the population subject to 
the jurisdiction of the Tribal court or administrative agency.
    (b) A Tribal organization that has been designated by two or more 
Indian Tribes to operate a Tribal IV-D program on their behalf, with a 
total of at least 100 children under the age of majority as defined by 
Tribal laws or codes, in the population of the Tribes subject to the 
jurisdiction of the Tribal court (or courts) or administrative agency 
(or agencies).
    (c) A Tribe or Tribal organization that can demonstrate to the 
satisfaction of the Secretary the capacity to operate a child support 
enforcement program and provide justification for operating a program 
with less than the minimum number of children may be granted a waiver of 
paragraph (a) or (b) of this section as appropriate.
    (1) A Tribe or Tribal organization's request for waiver of paragraph 
(a) or (b) of this section must include documentation sufficient to 
demonstrate that meeting the requirement is not necessary. Such 
documentation must state:
    (i) That the Tribe or Tribal organization otherwise complies with 
the requirements established in subpart C of these regulations;
    (ii) That the Tribe or Tribal organization has the administrative 
capacity to support operation of a child support program under the 
requirements of this part;
    (iii) That the Tribal IV-D program will be cost effective; and
    (iv) The number of children under the jurisdiction of the Tribe or 
Tribal organization.
    (2) A Tribe or Tribal organization's request for a waiver may be 
approved if the Tribe or Tribal organization demonstrates to the 
satisfaction of the Secretary that it can provide the services required 
under 45 CFR part 309 in a cost effective manner even though the 
population subject to Tribal jurisdiction includes fewer than 100 
children.