[Code of Federal Regulations]

[Title 45, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 45CFR1302.30]



[Page 102-103]

 

                        TITLE 45--PUBLIC WELFARE

 

CHAPTER XIII--OFFICE OF HUMAN DEVELOPMENT SERVICES, DEPARTMENT OF HEALTH 

                           AND HUMAN SERVICES

 

PART 1302_POLICIES AND PROCEDURES FOR SELECTION, INITIAL FUNDING, AND 

REFUNDING OF HEAD START GRANTEES, AND FOR SELECTION OF REPLACEMENT 

GRANTEES--Table of Contents

 

             Subpart D_Replacement of Indian Tribal Grantees

 

Sec. 1302.30  Procedure for identification of alternative agency.



    Source: 63 FR 34329, June 24, 1998, unless otherwise noted.



[[Page 103]]





    (a) An Indian tribe whose Head Start grant has been terminated, or 

which has been denied refunding as a Head Start grantee, may identify an 

agency and request the responsible HHS official to designate such agency 

as an alternative agency to provide Head Start services to the tribe if:

    (1) The tribe was the only agency that was receiving federal 

financial assistance to provide Head Start services to members of the 

tribe; and

    (2) The tribe would be otherwise precluded from providing such 

services to its members because of the termination or denial of 

refunding.

    (b)(1) The responsible HHS official, when notifying a tribal grantee 

of the intent to terminate financial assistance or deny its application 

for refunding, must notify the grantee that it may identify an agency 

and request that the agency serve as the alternative agency in the event 

that the grant is terminated or refunding denied.

    (2) The tribe must identify the alternate agency to the responsible 

HHS official, in writing, within the time for filing an appeal under 45 

CFR Part 1303.

    (3) The responsible HHS official will notify the tribe, in writing, 

whether the alternative agency proposed by the tribe is found to be 

eligible for Head Start funding and capable of operating a Head Start 

program. If the alternative agency identified by the tribe is not an 

eligible agency capable of operating a Head Start program, the tribe 

will have 15 days from the date of the sending of the notification to 

that effect from the responsible HHS official to identify another agency 

and request that the agency be designated. The responsible HHS official 

will notify the tribe in writing whether the second proposed alternate 

agency is found to be an eligible agency capable of operating the Head 

Start program.

    (4) If the tribe does not identify a suitable alternative agency, a 

replacement grantee will be designated under these regulations.

    (c) If the tribe appeals a termination of financial assistance or a 

denial of refunding, it will, consistent with the terms of 45 CFR Part 

1303, continue to be funded pending resolution of the appeal. However, 

the responsible HHS official and the grantee will proceed with the steps 

outlined in this regulation during the appeal process.

    (d) If the tribe does not identify an agency and request that the 

agency be appointed as the alternative agency, the responsible HHS 

official will seek a permanent replacement grantee under these 

regulations.