25 Cfr 23.47

Bureau of Indian Affairs, Interior

§ 23.47

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(f) Budget control. Actual expenditures must be compared with budgeted
amounts for the grant. Financial information must be related to program
performance requirements.
(g) Source documentation. Accounting
records must be supported by such
source documentation as cancelled
checks, paid bills, payrolls, time and
attendance records, grant documents,
or other information required by the
grantee’s financial management system. The Secretary or his/her designee
may review the adequacy of the financial management system of an Indian
tribe(s) or off-reservation Indian organization applying for a grant under
this part.
(h) Pursuant to 18 U.S.C. 641, whoever
embezzles, steals, purloins, or knowingly converts to his or her use or the
use of another, or without authority,
sells, conveys or disposes of any record,
voucher, money, or thing of value of
the United States or of any department
or agency thereof, or any property
made or being made under contract for
the United States or any department
or agency thereof; or whoever receives,
conceals, or retains the same with intent to convert it to his or her use or
gain, knowing it to have been embezzled, stolen, purloined, or converted
shall be fined not more than $10,000 or
imprisoned not more than 10 years, or
both; but if the value of such property
does not exceed the sum of $100, he or
she shall be fined not more than $1,000
or imprisoned not more than one year,
or both.
§ 23.47 Reports and availability of information to Indians.
(a) Any tribal government or off-reservation Indian organization receiving
a grant under this part shall make general programmatic information and reports concerning that grant available
to the Indian people it serves or represents. Access to this information
may be requested in writing and shall
be made available within 10 days of receipt of the request. Except as required
by title IV of Pub. L. 101–630, the Indian Child Protection and Family Violence Prevention Act, grantees shall
hold confidential all information obtained from persons receiving services
from the program, and shall not release

such information without the individual’s written consent. Information may
be disclosed in a manner which does
not identify or lead to the identification of particular individuals.
(b) Grantees shall submit Standard
Form 269 or 269A on a quarterly and an
annual basis to report their status of
funds by the dates specified in the
grant award document.
(c) Grantees shall furnish and submit
the following written quarterly and annual program reports by the dates
specified in the award document:
(1) Quarterly and annual statistical
and narrative program performance reports which shall include, but need not
be limited to, the following;
(i) A summary of actual accomplishments and significant activities as related to program objectives established
for the grant period;
(ii) The grantee’s evaluation of program performance using the internal
monitoring system submitted in their
application;
(iii) Reports on all significant ICWA
direct service grant activities including but not limited to the following information:
(A) Significant title II activities;
(B) Data reflecting numbers of individuals referred for out-of-home placements, number of individuals benefiting from title II services and types of
services provided, and
(C) Information and referral activities.
(iv) Child abuse and neglect statistical reports and related information
as required by 25 U.S.C. 2434, Pub. L.
99–570, the Indian Alcohol and Substance Abuse Prevention and Treatment Act of 1986;
(v) A summary of problems encountered or reasons for not meeting established objectives;
(vi) Any deliverable or product required in the grant; and
(vii) Additional pertinent information when appropriate.
(2) The BIA may negotiate for the
provision of other grant-related reports
not previously identified.
(d) Events may occur between scheduled performance reporting dates
which have significant impact on the
grant-supported activity. In such cases,
the grantee must inform the awarding

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§ 23.48

25 CFR Ch. I (4–1–10 Edition)

agency as soon as problems, delays, adverse conditions, or serious incidents
giving rise to liability become known
and which will materially impair its
ability to meet the objectives of the
grant.
§ 23.48 Matching
ments.

shares

and

agree-

(a) Grant funds provided to Indian
tribes under subpart C of this part may
be used as non-Federal matching
shares in connection with funds provided under titles IV-B, IV-E and XX of
the Social Security Act or such other
Federal programs which contribute to
and promote the purposes of the Act as
specified in §§ 23.3 and 23.22 (25 U.S.C.
1931).
(b) Pursuant to 25 U.S.C. 1933, in furtherance of the establishment, operation, and funding of programs funded
under subparts C and D of this part, the
Secretary may enter into agreements
with the Secretary of Health and
Human Services. The latter Secretary
is authorized by the Act to use funds
appropriated for the Department of
Health and Human Services for programs similar to those funded under
subparts C and D of this part (25 U.S.C.
1931 and 1932), provided that authority
to make payment pursuant to such
agreements shall be effective only to
the extent and in such amounts as may
be provided in advance by appropriation Acts.

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§ 23.49 Fair and uniform provision of
services.
(a) Grants awarded under this part
shall include provisions assuring compliance with the Indian Civil Rights
Act; prohibiting discriminatory distinctions among eligible Indian beneficiaries; and assuring the fair and uniform provision by the grantees of the
services and assistance they provide to
eligible Indian beneficiaries under such
grants. Such procedures must include
criteria by which eligible Indian beneficiaries will receive services, recordkeeping mechanisms adequate to verify
the fairness and uniformity of services
in cases of formal complaints, and an
explanation of what rights will be afforded an individual pending the resolution of a complaint.

(b) Indian beneficiaries of the services to be rendered under a grant shall
be afforded access to administrative or
judicial bodies empowered to adjudicate complaints, claims, or grievances brought by such Indian beneficiaries against the grantee arising
out of the performance of the grant.
§ 23.50 Service eligibility.
(a) Tribal government Indian child
and family service programs. Any person meeting the definition of Indian,
Indian child, Indian custodian, or Indian parent of any unmarried person
under the age of 18 as defined in § 23.2 is
eligible for services provided under 25
U.S.C. 1931 of the Act. Tribal membership status shall be determined by tribal law, ordinance, or custom. The tribe
may, under subpart C, extend services
to nontribal family members related
by marriage to tribal members, provided such services promote the intent
and purposes of the Act. A tribe may
also, within available resources, extend
services under this part to individuals
who are members of, or are eligible for
membership in other Indian tribes, and
who reside within the tribe’s designated service area.
(b) Off-reservation Indian child and
family service programs and agreements with the Secretary of Health
and Human Services pursuant to 25
U.S.C. 1933. For purposes of eligibility
for services provided under 25 U.S.C.
1932 and 1933 of the Act, any person
meeting the definition of Indian, Indian child, Indian custodian, or Indian
parent of any unmarried person under
the age of 18 as defined in § 23.2, or the
definition of Indian as defined in 25
U.S.C. 1603(c), shall be eligible for services. Tribal membership status shall be
determined by tribal law, ordinance, or
custom.
§ 23.51 Grant carry-over authority.
Unless restricted by appropriation,
and contingent upon satisfactory program evaluations from the appropriate
area or agency office for an existing
program, grantees are authorized to
carry over unliquidated grant funds
which remain at the end of a budget period. Such funds may be carried over
for a maximum period of two years beyond the initial grant funding period

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