[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: 45CFR309.16]

[Page 304-305]
 
                        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 B_Tribal IV-D Program Application Procedures
 
Sec. 309.16  What rules apply to start-up funding?

    (a) The application for start-up funding under Sec. 309.65(b) must 
include:
    (1) Standard Form (SF) 424, ``Application for Federal Assistance';
    (2) SF 424A, ``Budget Information--Non-Construction Programs,'' 
including the following information:
    (i) A quarter-by-quarter estimate of expenditures for the start-up 
period;
    (ii) Notification of whether the Tribe or Tribal organization is 
requesting funds for indirect costs and, if so, an election of a method 
to calculate estimated indirect costs under paragraph (a)(3) of this 
section; and
    (iii) A narrative justification for each cost category on the form;
    (3) If the Tribe or Tribal organization requests funding for 
indirect costs as part of its application for Federal start-up funds, 
estimated indirect costs may be submitted either by:
    (i) Including documentation of the dollar amount of indirect costs 
allocable to the IV-D program including the methodology used to arrive 
at these amounts; or
    (ii) Submission of its current indirect cost rate negotiated with 
the Department of Interior and the amount of estimated indirect costs 
using that rate.
    (iii) The amount of indirect costs must be included within the limit 
of $500,000 specified in paragraph (c) of this section.
    (4) With respect to each requirement in Sec. 309.65(a) that the 
Tribe or Tribal organization currently meets, a description of how the 
Tribe or Tribal organization satisfies the requirement; and
    (5) With respect to each requirement in Sec. 309.65(a) that the 
Tribe or Tribal organization does not currently meet, a program 
development plan which demonstrates to the satisfaction of the Secretary 
that the Tribe or Tribal organization has the capacity and will have in 
place a Tribal IV-D program that will meet the requirements outlined in 
Sec. 309.65(a), within a reasonable, specific period of time, not to 
exceed two years. The Secretary must approve the program development 
plan. Disapproval of a program development plan is not subject to 
administrative appeal.
    (b) The process for approval and disapproval of applications for 
start-up funding under this section is found in Sec. Sec. 309.35, 
309.40, 309.45, and 309.50. A disapproval of an application for start-up 
funding is not subject to administrative appeal.
    (c) Federal funding for start-up costs is limited to $500,000, which 
must be obligated and liquidated within two years after the first day of 
the quarter after the start-up application was approved. In 
extraordinary circumstances, the

[[Page 305]]

Secretary will consider a request to extend the period of time during 
which start-up funding will be available and/or to increase the amount 
of start-up funding provided. Denial of a request to extend the time 
during which start-up funding will be available or for an increase in 
the amount of start-up funding is not subject to administrative appeal.
    (1) The Secretary may grant a no-cost extension of time if the Tribe 
or Tribal organization demonstrates to the satisfaction of the Secretary 
that the extension will result in satisfaction of each requirement 
established in Sec. 309.65(a) by the grantee and completion of the 
program development plan required under Sec. 309.65(b)(2).
    (2) The Secretary may grant an increase in the amount of Federal 
start-up funding provided beyond the limit specified at paragraph (c) of 
this section and Sec. 309.150 if--
    (i) The Tribe or Tribal organization demonstrates to the 
satisfaction of the Secretary that a specific amount of additional funds 
for a specific purpose or purposes will result in satisfaction of the 
requirements specified in Sec. 309.65(a) which the Tribe or Tribal 
organization otherwise will be unable to meet; and
    (ii) The Tribe or Tribal organization demonstrates to the 
satisfaction of the Secretary that it has satisfied every applicable 
reporting requirement.
    (d) If a Tribe or Tribal organization receives start-up funding 
based on submission and approval of a Tribal IV-D application which 
includes a program development plan under Sec. 309.65(b), a progress 
report that describes accomplishments to date in carrying out the plan 
must be submitted with the next annual refunding request.