[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: 45CFR309.130] [Page 313-315] 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 D_Tribal IV-D Program Funding Sec. 309.130 How will Tribal IV-D programs be funded and what forms are required? (a) General mechanism. (1) Tribes and Tribal organizations with approved Tribal plans under title IV-D will receive Federal grant funds in an amount equal to the percentage specified in paragraph (c) of this section of the total amount of approved and allowable expenditures under the plan for the administration of the Tribal child support enforcement program. (2) Tribes and Tribal organizations eligible for grants of less than $1 million per 12-month funding period will receive a single annual award. Tribes and Tribal organizations eligible for grants of $1 million or more per 12-month funding period will receive four equal quarterly awards. (b) Financial Form Submittal Requirements. Tribes and Tribal organizations receiving Federal funding under this part are required to submit the following financial forms, and such other forms as the Secretary may designate, to OCSE: (1) Standard Form (SF) 424, ``Application for Federal Assistance,'' to be submitted with the initial grant application for funding under Sec. 309.65(a) and (b) (60 days prior to the start of the funding period); (2) SF 424A, ``Budget Information--Non-Construction Programs,'' to be submitted annually, no later than August 1 (60 days prior to the start of the funding period) in accordance with Sec. 309.15(a)(2) of this part. With each submission, the following information must be included: (i) A quarter-by-quarter estimate of expenditures for the funding period; and (ii) Notification of whether the Tribe or Tribal organization is requesting funds for indirect costs and an election of a method to calculate estimated indirect costs; and (iii) A narrative justification for each cost category on the form; and for funding under Sec. 309.65(a) either: (iv) A statement certifying that the Tribe or Tribal organization has or will have the non-Federal share of program expenditures available, as required, or [[Page 314]] (v) A request for a waiver of the non-Federal share in accordance with paragraph (e) of this section; (3) SF 269A, ``Financial Status Report (Short Form),'' to be submitted quarterly within 30 days after the end of each of the first three quarters of the funding period and within 30 days after the end of each of the first three quarters of the liquidation period. The final report for each period is due within 90 days after the end the fourth quarter of both the funding and the liquidation period; and (4) Form OCSE-34A, ``Quarterly Report of Collections'' to be submitted within 30 days after the end of the first three quarters and 90 days after the end of the fourth quarter. (c) Federal share of program expenditures. (1) During the period of start-up funding specified in Sec. 309.16, a Tribe or Tribal organization will receive Federal grant funds equal to 100 percent of approved and allowable expenditures made during that period. Federal start-up funds are limited to a total of $500,000. (2) During a 3-year period, beginning with the first day of the first quarter of the funding grant specified under Sec. 309.135(a)(2), a Tribe or Tribal organization will receive Federal grant funds equal to 90 percent of the total amount of approved and allowable expenditures made during that period for the administration of the Tribal child support enforcement program. (3) For all periods following the 3-year period specified in paragraph (c)(2) of this section, a Tribe or Tribal organization will receive Federal grant funds equal to 80 percent of the total amount of approved and allowable expenditures made for the administration of the Tribal child support enforcement program. (d) Non-Federal share of program expenditures. Each Tribe or Tribal organization that operates a child support enforcement program under title IV-D and Sec. 309.65(a), unless the Secretary has granted a waiver pursuant to Sec. 309.130(e), must provide the non-Federal share of funding, equal to: (1) 10 percent of approved and allowable expenditures during the 3- year period specified in paragraph (c)(2) of this section or; (2) 20 percent of approved and allowable expenditures during the subsequent periods specified in paragraph (c)(3) of this section. (3) The non-Federal share of program expenditures must be provided either with cash or with in-kind contributions and must meet the requirements found in 45 CFR 74.23. (e) Waiver of non-Federal share of program expenditures. (1) Under certain circumstances, the Secretary may grant a temporary waiver of part or all of the non-Federal share of expenditures. (i) If a Tribe or Tribal organization anticipates that it will be temporarily unable to contribute part or all of the non-Federal share of funding under paragraph (d) of this section, it must submit a written request that this requirement be temporarily waived. A request for a waiver of part or all of the non-Federal share must be sent to ACF, included with the submission of SF 424A, no later than 60 days prior to the start of the funding period for which the waiver is being requested, except as provided in paragraph (e)(1)(ii) of this section. An untimely or incomplete request will not be considered. (ii) If, after the start of the funding period, an emergency situation such as a hurricane or flood occurs such that the grantee would need to request a waiver of the non-Federal costs, it may do so. The request for a waiver must be submitted in accordance with the procedures specified in paragraphs (e)(2), (3) and (4) of this section. Any waiver request other than one submitted with the initial application must be submitted as soon as the adverse effect of the emergency situation giving rise to the request is known to the grantee. (2) A request for a waiver of part or all of the non-Federal share must include the following: (i) A statement of the amount of the non-Federal share that the Tribe is requesting be waived; (ii) A narrative statement describing the circumstances and justification for the waiver request; (iii) Portions of the Tribal budget for the funding period sufficient to demonstrate that any funding shortfall is not limited to the Tribal IV-D program [[Page 315]] and that any uncommitted Tribal reserve funds are insufficient to meet the non-Federal funding requirement; (iv) Copies of any additional financial documents in support of the request; (v) A detailed description of the attempts made to secure the necessary funds and in-kind contributions from other sources and the results of those attempts, including copies of all relevant correspondence; and (vi) Any other documentation or other information that the Secretary may require to make this determination. (3) The Tribe or Tribal organization must demonstrate to the satisfaction of the Secretary that it temporarily lacks resources to provide the non-Federal share. In its request for a temporary waiver, the Tribe or Tribal organization must be able to demonstrate that it: (i) Lacks sufficient resources to provide the required non-Federal share of costs; (ii) Has made reasonable, but unsuccessful, efforts to obtain non- Federal share contributions; and (iii) Has provided all required information requested by the Secretary. (4) All statements in support of a waiver request must be supported by evidence including, but not limited to, a description of how the Tribe or Tribal organization's circumstances relate to its capacity to provide child support enforcement services. The following statements will be considered insufficient to merit a waiver under this section without documentary evidence satisfactory to the Secretary: (i) Funds have been committed to other budget items; (ii) A high rate of unemployment; (iii) A generally poor economic condition; (iv) A lack of or a decline in revenue from gaming, fishing, timber, mineral rights and other similar revenue sources; (v) A small or declining tax base; and (vi) Little or no economic development. (5)(i) If approved, a temporary waiver submitted under either paragraph (e)(1)(i) or (ii) of this section will expire on the last day of the funding period for which it was approved and is subject to review at any time during the funding period and may be revoked, if changing circumstances warrant. (ii) Unless the Tribe receives a written approval of its waiver request, the funding requirements stated in paragraph (d) of this section remain in effect. (iii) If the request for a waiver is denied, the denial is not subject to administrative appeal. (f) Increase in approved budget. (1) A Tribe or Tribal organization may request an increase in the approved amount of its current budget by submitting a revised SF 424A to ACF and explaining why it needs the additional funds. The Tribe or Tribal organization should submit this request at least 60 days before additional funds are needed, to allow the Secretary adequate time to review the estimates and issue a revised grant award, if appropriate. (2) If the change in Tribal IV-D budget estimate results from a change in the Tribal IV-D plan, the Tribe or Tribal organization must submit a plan amendment in accordance with Sec. 309.35(e) of this part, a revised SF 424 and a revised SF 424A with its request for additional funding. The effective date of a plan amendment may not be earlier than the first day of the fiscal quarter in which an approvable plan is submitted in accordance with Sec. 309.35(f) of this part. The Secretary must approve the plan amendment before approving any additional funding. (3) Any approved increase in the Tribal IV-D budget will necessarily result in a proportional increase in the non-Federal share, unless a waiver of the non-Federal share has been granted. (g) Obtaining Federal funds. Tribes and Tribal organizations will obtain Federal funds on a draw down basis from the Department's Payment Management System on a letter of credit system for payment of advances of Federal funds. (h) Grant administration requirements. The provisions of part 74 of this title, establishing uniform administrative requirements and cost principles, shall apply to all grants made to Tribes and Tribal organizations under this part. [[Page 316]]