**[Subpart A--Tribal IV-D Program: General Provisions]{.underline}**

§309.01 What does this part cover?

§309.05 What definitions apply to this part?

§309.10 Who is eligible to apply for and receive Federal funding to
operate a Tribal IV-D program?

**[Subpart B--Tribal IV-D Program Application and Review
Procedures]{.underline}**

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

§309.16 What rules apply to start-up funding?

§309.20 Who submits a Tribal IV-D program application? Where does the
Tribe or Tribal organization submit the application?

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

§309.40 What is the basis for disapproval of a Tribal IV-D program
application, plan or plan amendment?

§309.45 When and how may a Tribe or Tribal organization request
reconsideration of a disapproval action?

§309.50 What are the consequences of disapproval of a Tribal IV-D
program application, plan or plan amendment?

**[Subpart C--Tribal IV-D Plan Requirements]{.underline}**

§309.55 What does this subpart cover?

§309.60 Who is responsible for administration of the Tribal IV-D program
under the Tribal IV-D plan?

§309.65 What must a Tribe or Tribal organization include in a Tribal
IV-D plan in order to demonstrate capacity to operate a Tribal IV-D
program?

§309.70 What provisions governing jurisdiction must a Tribe or Tribal
organization include in a Tribal IV-D plan?

§309.75 What administrative and management procedures must a Tribe or
Tribal organization include in a Tribal IV-D plan?

§309.80 What safeguarding procedures must a Tribe or Tribal organization
include in a Tribal IV-D plan?

§309.85 What records must a Tribe or Tribal organization agree to
maintain in a Tribal IV-D plan?

§309.90 What governing Tribal law or regulations must a Tribe or Tribal
organization include in a Tribal IV-D plan?

§309.95 What procedures governing the location of custodial and
noncustodial parents must a Tribe or Tribal organization include in a
Tribal IV-D plan?

§309.100 What procedures for the establishment of paternity must a Tribe
or Tribal organization include in a Tribal IV-D plan?

§309.105 What procedures governing child support guidelines must a Tribe
or Tribal organization include in a Tribal IV-D plan?

§309.110 What procedures governing income withholding must a Tribe or
Tribal organization include in a Tribal IV-D plan?

§309.115 What procedures governing the distribution of child support
must a Tribe or Tribal organization include in a Tribal IV-D plan?

§309.120 What intergovernmental procedures must a Tribe or Tribal
organization include in a Tribal IV-D plan?

[**Subpart D--Tribal IV-D Program Funding**]{.underline}

§309.125 On what basis is Federal funding of Tribal IV-D programs
determined?

§309.130 How will Tribal IV-D programs be funded and what forms are
required?

§309.135 What requirements apply to funding, obligating and liquidating
Federal title

> IV-D grant funds?

§309.145 What costs are allowable for Tribal IV-D programs carried out
under §309.65(a) of this part?

§309.150 What start-up costs are allowable for Tribal IV-D programs?

§309.155 What uses of Tribal IV-D program funds are not allowable?

[**Subpart E--Accountability and Monitoring**]{.underline}

§309.160 How will OCSE determine if Tribal IV-D program funds are
appropriately expended?

§309.165 What recourse does a Tribe or Tribal organization have to
dispute a determination to disallow Tribal IV-D program expenditures?

[**Subpart F--Statistical and Narrative Reporting
Requirements**]{.underline}

§309.170 What statistical and narrative reporting requirements apply to
Tribal IV-D programs?

**Summary of Changes to the Final Tribal Rule**

**Tribal TANF Provisions---Payments to Families**

-   Currently, Tribal TANF agencies are required to have procedures for
    ensuring child support collections in excess of the amount of Tribal
    TANF received by the family must be paid to the family. This was
    modified to eliminate references to payments to the family because
    distribution of these collections is addressed in this tribal IV-D
    program rule.

**State Plan Requirements---Intergovernmental Cooperation**

-   Currently, state plan requirements include provisions for states to
    cooperate with other states in interstate IV-D cases. This was
    modified to include cooperation with all Tribal IV-D programs. The
    section now requires a state to extend the full range of services
    available under its IV-D plan to all Tribal IV-D programs.

**Comprehensive Tribal Child Support Enforcement (CSE) Programs**

**Subpart A---Tribal Child Support Enforcement Program (IV-D) Program:
General Provisions---Waiver of the 100-child Rule**

-   If a Tribe or Tribal organization can demonstrate capacity to
    operate a child support enforcement program and provide
    justification for operating a cost effective program with less than
    the minimum number of children, it may request a waiver of the
    100-child rule.

## Subpart B---Tribal IV-D Program Application Procedures

-   The SF 424A, "Budget Information---Non-Construction Programs," must
    include:

1.  a quarter-by-quarter estimate of expenditures for the funding
    period;

2.  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;

3.  a narrative justification for each cost category on the form;

4.  a statement that the Tribe or Tribal organization has or will have
    the non-Federal share of program expenditures available, or

5.  a request for a waiver of the non-Federal share.

-   Option regarding the inclusion of indirect costs in full or start-up
    applications. Requests may be submitted in one of two ways.

1.  For applications which include indirect costs, either calculate the
    estimated indirect costs by documenting the dollar amount of
    indirect costs allocable to the IV-D program, or

2.  Submit its current indirect cost rate negotiated with the Department
    of the Interior and a dollar amount of indirect costs based on that
    rate.

3.  If the Tribe elects to submit actual estimated costs attributable to
    the Tribal IV-D program, the methodology used to arrive at the
    dollar amount must be included in the application.

-   Approval and disapproval procedures for applications for start-up
    funding are found in §§309.35, 309.40, 309.45 and 309.50.

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-   Disapproval of start-up funding or of a request for waiver of the
    100-child rule or waiver of the required Tribal share of
    expenditures is not subject to administrative appeal.

-   Tribal IV-D programs are given the opportunity for a hearing prior
    to disapproval of an existing Tribal IV-D plan to avoid the dire
    consequences of Tribal plan disapproval and immediate cessation of
    all IV-D funding.

## Subpart C---Tribal IV-D Plan Requirements

-   Removed the following proposed future requirements:

1.  Employers report information about newly hired employees to the
    Tribal IV-D agency

2.  Employers report wage information to the Tribal IV-D agency

3.  Tribal IV-D agency report new hire and quarterly wage information to
    the NDNH

4.  Tribal IV-D agency submit cases to the FCR

5.  Procedures for submitting IV-D cases to the Tax Refund Offset
    Program.

-   Tribal IV-D agencies may charge an application fee

1.  If the Tribal IV-D agency charges an application fee, the fee cannot
    exceed \$25.00;

2.  For intergovernmental cases, the application fee may only be charged
    by the agency in which the application was made;

3.  Fees may not be charged to individuals receiving TANF, foster care
    assistance or Medicaid.

-   Tribal IV-D agencies may assess a fee and/or recover costs of
    providing servies.

> [Data Security]{.underline}

-   Tribal IV-D programs are authorized to disclose information to
    individuals for purposes authorized by Federal statute. If a Federal
    statute requires a Tribal IV-D program to share information, the
    agency would have to comply.

> [Location of custodial parents]{.underline}

-   Tribal IV-D agencies are required to locate custodial parents to
    ensure that locate sources are used to find custodial parents for
    whom support has been collected and whom the Tribe may be unable to
    find.

> [Genetic Testing]{.underline}

-   In a contested paternity case \[unless otherwise barred by Tribal
    law\] the child and all other parties must submit to a genetic test
    upon the request of any party. This language is consistent with the
    language found at section 466(a)(5)(B) of the Act, which mandates
    genetic testing in contested cases to ensure that the rights of both
    parties are protected.

> [In-kind Support]{.underline}

-   Non-cash child support payments may not be used to satisfy assigned
    support obligations.

> [Income Withholding]{.underline}

-   Income withholding will not be required in any case where either
    parent demonstrates, and the tribunal finds, that there is good
    cause not to require income withholding. A signed written agreement
    between the custodial and noncustodial parent would also be
    sufficient.

1.  The Tribal IV-D agency must allocate amounts withheld across
    multiple withholding orders and that, in no case, shall the
    allocation result in a withholding for one of the orders not being
    implemented.

2.  The Tribal IV-D agency is responsible for receiving and processing
    income withholding orders from states or other Tribes and ensuring
    orders are promptly served on employers.

> [Distribution]{.underline}

-   Specific rules for tribal responsibilities with respect to
    distribution for different kinds of cases:

1.  The family is currently receiving or formerly received assistance
    from the Tribal TANF program

2.  The Tribal IV-D agency has received a request for assistance in
    collecting support on behalf of the family from a state or tribal
    IV-D agency

3.  Support is owed to both states and tribes

-   Any collections attributable to the Federal Income Tax Refund Offset
    must be applied to satisfy child support arrears.

## Subpart D -- Tribal IV-D Program Funding

[Tribal Grants]{.underline}

-   The Tribe or Tribal organization will receive funds in the amount
    equal to the percentage specified of the total amount of approved
    and allowable expenditures.

-   Tribes receiving grants of less than \$1 million per 12-month
    funding period will receive a single annual award.

-   Tribes that receive grants of \$1 million or more per 12-month
    funding period will receive four equal quarterly awards.

-   To request a waiver of the Tribal share of Tribal IV-D program
    costs:

    1.  A request for a waiver must be submitted with an application,
        or, in the event of an emergency situation, as soon as the
        adverse effect of the emergency situation is known.

    2.  Emergency situations may include, hurricane, flood or fire.

    3.  The tribe must demonstrate that it lacks sufficient funds; has
        made reasonable efforts to obtain non-Federal contributions and
        had provided all required information.

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-   The following statements are considered insufficient to merit a
    waiver without satisfactory documentary evidence:

1.  funds have been committed to other budget items

2.  high rate of unemployment

3.  generally poor economic conditions

4.  lack of or decline of revenue from gaming, fishing, timber, mineral
    rights and other similar revenue sources

5.  small or declining tax base

6.  little or no economic development

-   A temporary waiver will expire on the last day of the funding period
    for which the waiver was approved.

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-   No tribal matching funds required for start-up funding.

## 

## 

## Subpart E -- Accountability and Monitoring

[Appeals]{.underline}

If a Tribe or Tribal organization disputes a decision to disallow Tribal
IV-D program expenditures, the grant appeals procedures at 45 CFR Part
16 is applicable.

## Tribal Automated Systems 

Federal funding is available for:

-   planning efforts in the identification, evaluation, and selection of
    a new or replacement automated data processing computer system
    solution

-   operation and maintenance of existing Tribal automated data
    processing computer systems

-   essential office automation capability

-   establishment of intergovernmental agreements with states and Tribes
    for use of an existing automated computer data processing system.

The costs of designing, developing and implementing high speed automated
data processing systems are not allowable at this time.

Regulations establishing minimum standards for automated systems (beyond
planning provisions articulated under this rule) will be published after
consultation with all stakeholders.