45 CFR 309 Plan

§ 309.15 What is a Tribal IV–D program application?

(a) Initial application. The initial application for funding under § 309.65(a) may be submitted at any time. The initial application 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 funding period; and (ii) Notification of whether the Tribe or Tribal organization is requesting funds for indirect costs and if so, an election of a method under paragraph (a)(3) of this section to calculate estimated indirect costs; and (iii) A narrative justification for each cost category on the form; and either: (iv) A statement that the Tribe or Tribal organization has or will have the non-Federal share of program expenditures available, as required; or (v) A request for a waiver of the non- Federal share in accordance with § 309.130(e), if appropriate. (3) If the Tribe or Tribal organization requests funding for indirect costs, estimated indirect costs may be submitted either by:(i) Including documentation of the dollar amount of indirect costs allocable to the IV–D program; or (ii) Submission of its current indirect cost rate negotiated with the Department of Interior and the estimated amount of indirect costs calculated using the negotiated cost rate. (4) The Tribal IV–D plan. The initial application must include a comprehensive statement identifying how the Tribe or Tribal organization is meeting the requirements of subpart C of this part and that describes the capacity of the Tribe or Tribal organization to operate a IV–D program which meets the objectives of title IV– D of the Act, including establishment of paternity, establishment, modification, and enforcement of support orders, and location of noncustodial parents.

(b) Additional application requirement for Tribal organizations.

The initial and subsequent annual budget submissions of a Tribal organization must document that each participating Tribe authorizes the Tribal organization to operate a Tribal IV–D program on its behalf.

(c) Annual budget submission.

Following the initial funding period, the Tribe or Tribal organization operating a IV–D program must submit annually Form SF 424A, including all the necessary accompanying information and documentation described in paragraphs (a)(2) and (a)(3) of this section.

(d) Plan Amendments. Plan amendments must be submitted in accordance with the requirements of § 309.35(e).

§ 309.16 What rules apply to start-upfunding?

(a) The application for start-up funding under § 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 startup 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 § 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 § 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 § 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 §§ 309.35, 309.40, 309.45, and 309.50. A disapproval of an application for startup 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 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

§ 309.65(a) by the grantee and completion of the program development plan required under § 309.65(b)(2).

(2) The Secretary may grant an increase in the amount of Federal startup funding provided beyond the limit specified at paragraph (c) of this section and § 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 § 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 § 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.

§ 309.20 Who submits a Tribal IV–D program application and where?

(a) The authorized representative of the Tribe or Tribal organization must sign and submit the Tribal IV–D program application. (b) Applications must be submitted to the Office of Child Support Enforcement, Attention: Tribal Child Support Enforcement Program, 370 L’Enfant Promenade, SW., Washington, DC 20447, with a copy to the appropriate regional office.

§ 309.35 What are the procedures for review of a Tribal IV–D program application, plan or plan amendment?

(a) The Secretary will promptly review a Tribal IV–D program application, plan or plan amendment to determine whether it conforms to the requirements of the Act and these regulations. Not later than the 90th day following the date on which the Tribal IV–D application, plan or plan amendment is received by the Secretary, action will be taken unless additional information is needed. If additional information is needed from the Tribe or Tribal organization, the Secretary will promptly notify the Tribe or Tribal organization. (b) The Secretary will take action on the application, plan or plan amendment within 45 days of receipt of any additional information requested from the Tribe or Tribal organization. (c) Determinations as to whether the Tribal IV–D plan, including plan amendments, originally meets or continues to meet the requirements for approval are based on applicable Federal statutes, regulations and instructions applicable to Tribal IV–D programs. Guidance may be furnished to assist in the interpretation of the regulations.

(d) After approval of the original Tribal IV–D program application, all relevant changes required by new Federal statutes, rules, regulations, and Department interpretations are required to be submitted so that the Secretary may determine whether the plan continues to meet Federal requirements and policies. (e) If a Tribe or Tribal organization intends to make any substantial or material change in any aspect of the Tribal IV–D program, a Tribal IV–D plan amendment must be submitted at the earliest reasonable time for approval under this section. The plan amendment must describe and, as appropriate, document the changes the Tribe or Tribal organization proposes to make to its IV–D plan, consistent with the requirements of applicable statutes and regulations. (f) The effective date of a plan or plan amendment may not be earlier than the first day of the fiscal quarter in which an approvable plan or plan amendment is submitted.

THE PAPERWORK REDUCTION ACT OF 1995 (Pub. L. 104-13)

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