Page 1 of 19

Cash Management Improvement Act Agreement

between

The State of North Dakota

and

The Secretary of the Treasury,

United States Department of the Treasury

The Secretary of the Treasury, United States Department of the Treasury (hereafter 'Secretary'), and State of North Dakota

(hereafter 'State'), in order to implement Section 5 of the Cash Management Improvement Act of 1990, as amended (hereafter 

'Act'), agree as follows:

1.0 AGENTS OF THE AGREEMENT 

1.1 The Authorized Official(s) for the State of North Dakota shall be the Fiscal Officer, Office of Management and Budget in all 

matters concerning this Agreement.

1.2 The Assistant Commissioner, Revenue Collections Management, Bureau of the Fiscal Service (Fiscal Service), U.S. 

Department of the Treasury, shall act as the Secretary's representative in all matters concerning this Agreement.

2.0 AUTHORITY

2.1 The authority for this Agreement is the Cash Management Improvement Act of 1990 (Public Law 101-453), as amended by 

the Cash Management Improvement Act of 1992 (Public Law 102-589), codified at 31 U.S.C. 6501 and 31

U.S.C. 6503.

2.2 The regulations codified at 31 CFR Part 205 shall apply to all matters pertaining to this Agreement, and are incorporated 

herein by reference. In the event of any inconsistency between this Agreement and 31 CFR Part 205, the regulations shall govern.

3.0 DURATION, AMENDING, TERMINATING, AND MISCELLANEOUS PROVISIONS

3.1 This Agreement shall take effect on 07/01/2023 and shall remain in effect until 06/30/2024.

3.2 This Agreement may be amended at any time by written, mutual consent of the State and the Fiscal Service. This Agreement shall 

be amended annually to incorporate new programs that qualify as major Federal assistance programs and remove programs that no 

longer qualify as major Federal assistance programs. A State must notify the Fiscal Service in writing within 30 days of the time the 

State becomes aware of a change that involves additions or deletions of programs subject to Subpart A, changes in funding 

techniques, and/or changes in clearance patterns. The notification must include a proposed amendment for review by the Fiscal

Service.

3.3 Notwithstanding section 3.2, in the event of Federal or State non-compliance with Subpart B of 31 CFR, Part 205, the Fiscal 

Service may amend this Agreement at any time to incorporate additional programs and the entities that administer those programs.

3.4 This Agreement may be terminated by either party with 30 days written notice. If this Agreement is terminated, the Fiscal 

Service will prescribe the funding techniques, clearance patterns, and methods for calculating interest liabilities to be used by the 

State.

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 2 of 19

4.0 PROGRAMS COVERED

4.1 The State's threshold and its major Federal assistance programs shall be determined based on the State's most recent Single 

Audit, which is done every two years, for fiscal year ending 06/30/2022.

All major Federal assistance programs shall be covered by this Agreement, unless otherwise specified in section 4.4 of this 

Agreement.

4.2 The State's threshold for major Federal assistance programs is $15,633,564.

The following programs meet or exceed the threshold and are not excluded in Section 4.4:

CFDA Program Name

10.551 Supplemental Nutrition Assistance Program

10.553 School Breakfast Program

10.555 National School Lunch Program

12.401 National Guard Military Operations and Maintenance (O&M) 

Projects

15.433 Flood Control Act Lands

15.437 Minerals Leasing Act

20.205 Highway Planning and Construction

84.010 Title I Grants to Local Educational Agencies

84.027 Special Education -- Grants to States

84.425 Education Stabilization Fund

93.323 Epidemiology and Laboratory Capacity for Infectious Diseases 

(ELC)

93.423 1332 State Innovation Waivers

93.558 Temporary Assistance for Needy Families

93.568 Low-Income Home Energy Assistance

93.575 Child Care and Development Block Grant

93.767 Children's Health Insurance Program

93.778 Medical Assistance Program

97.036 Disaster Grants - Public Assistance (Presidentially Declared 

Disasters)

4.3 The following programs fall below the State's threshold but have been required to be covered by Fiscal Service in 

accordance with the non-compliance provisions of Subpart B of 31 CFR Part 205:

There are currently no programs listed for Section 4.3.

4.4 The following programs exceed the State's threshold but have been excluded from coverage for the reason indicated:

There are currently no programs listed for Section 4.4.

5.0 ENTITIES COVERED

5.1 State agencies and instrumentalities that meet the definition of a State per 31 CFR Part 205, shall be subject to the terms of this 

Agreement. The following is a list of such entities that administer funds under the programs listed in Section

4.0 of this Agreement:

Department of Health and Human Services

Department of Public Instruction

Department of Transportation

Insurance Commissioner

ND Adjutant General

State Treasurer's Office

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 3 of 19

5.2 Entities that meet the definition of a Fiscal Agent per 31 CFR Part 205 shall be subject to the terms of this Agreement. The 

following is a list of Fiscal Agents that administer funds under the programs listed in the Section 4.0 of this Agreement:

Fiscal Agent CFDA Program Name

E-Funds 10.551 Supplemental Nutrition Assistance 

Program

6.0 FUNDING TECHNIQUES

6.1 General Terms

6.1.1 The State shall request Federal funds in accordance with the appropriate cut-off times shown in Exhibit I to ensure funds will 

be received and credited to a State account by the times specified in the funding techniques. Exhibit I is incorporated by reference 

herein.

6.1.2 The State shall schedule the receipt of Federal funds such that the funds are received and credited to a State account in 

accordance with the clearance patterns specified in Exhibit II - List of State Clearance Patterns. Exhibit II is incorporated by 

reference herein.

6.1.3 In instances where the receipt of funds is scheduled for a Saturday, the State shall request funds for deposit on Friday. In 

instances where the receipt of funds is scheduled for a Sunday, the State shall request funds for deposit on Monday. In instances 

where the receipt of Federal funds is scheduled for deposit on a day when the State is not open for business, the State shall request 

funds for deposit the day following the scheduled day; in instances where the receipt of Federal funds is scheduled for deposit on a 

day when the Federal Government is not open for business, the State shall request funds for deposit the day prior to the scheduled 

day.

6.1.4 Estimates and Reconciliation of Estimates:

Where estimated expenditures are used to determine the amount of the drawdown, the State will indicate in the terms of the State 

unique funding technique how the estimated amount is determined and when and how the State will reconcile the difference 

between the estimate and the State's actual expenditures.

6.1.5 Supplemental Funding:

Unless otherwise defined by program rules, Supplemental Funding is the award of additional funds to provide for an increase in 

costs due to unforeseen circumstances.

The State will comply with all Federal program agency policies and procedures for requesting supplemental grant funding.

The State will comply with the following guidelines when requesting supplemental funding for the Medical Assistance Program 

and associated administrative payments (CFDA 93.778):

The State must submit a revised Medicaid Program Budget Report (CMS-37) to request supplemental funding. The CMS guidelines 

and instructions for completing the CMS-37 are provided in Section 2600F of the State Medicaid Manual (SMM). The CMS/CO must 

receive the revised Form CMS-37 through the Medicaid Budget Expenditure System/Children's Budget Expenditure System 

(MBES/CBES) no later than 10 calendar days before the end of the quarter for which the supplemental grant award is being 

requested.

Additional guidance on this policy is available from the respective CMS Regional Office, U.S. Department of Health & Human 

Services.

The State will comply with the following guidelines when requesting supplemental funding for TANF (CFDA 93.558), CCDF 

(CFDA 93.575), CSE (93.563), and the FC/AA (CFDA 93.658 and CFDA 93.659) programs administered by the

U.S. Department of Human Services, Administration for Children and Families (HHS/ACF):

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 4 of 19

a. Timing of the Request

A State should initiate its request for supplemental funding during a quarter as soon as it becomes aware of the fact that a shortfall 

does/will exist. For the TANF and CCDF grants, supplemental funding requests (estimates) may be submitted by a State, for 

consideration by ACF, up through and including the 15th day of the third month of the first, second or third quarter of any fiscal year. 

Since TANF and CCDF are block grant programs, all unawarded portions of the annual allotment will automatically be issued at the 

beginning of the fourth quarter. Therefore, supplemental funding requests will not be available during the fourth quarter for these 

programs. For the CSE and FC/AA programs, supplemental funding requests may be submitted by a state, for consideration by ACF, 

up through and including the 15th day of the third month of any quarter of a fiscal year.

b. Justification for the Request

The request for a supplemental funding for any of the above-mentioned programs should contain a justification clearly documenting 

the need for the additional funding authority during the current quarter. This documentation should be in the form of State accounting 

records or similar documents that will show the actual expenditures through the most recent month for which such data are available, 

as well as the State's most accurate projection of its anticipated expenditures during the remaining month(s) of the quarter. For either 

the TANF or the CCDF program, the State's justification should also include an explanation of the activities requiring the obligation 

and/or expenditure of amounts that exceed the normal quarterly grant award restrictions and why these activities could not have been 

delayed until the next quarter.

c. Form Submittal

Supplemental funding requests should be made by completing the appropriate ACF quarterly report of expenditures and estimates

applicable to the particular program for which the grant award request is being made.

d. Approval Process

Upon receipt of the state's request for additional funding authority for a quarter, the ACF Regional Office will promptly review the 

supporting documentation. If the request is properly justified, so long as ACF has adequate funding availability, the State's request 

will be expedited and supplemental funding will be issued within 5 days of ACF receiving the request. The State will be notified by 

the Regional Office when the supplemental award has been transmitted to the Payment Management System (PMS) and when it 

may initiate drawdowns against the supplemental funding.

Additional guidance on this policy is provided in the U.S. Department of Health & Human Services, Administration for Children 

and Families, letter (May 19, 2004) to State Administrators from the Deputy Assistant Secretary for Administration.

6.2 Description of Funding Techniques

6.2.1 The following are terms under which standard funding techniques shall be implemented for all transfers of funds to which the 

funding technique is applied in section 6.3.2 of this Agreement.

Funding Technique Name Description

Actual Clearance, ZBA - Same Day Payment The State shall request funds the same day it pays out funds, in accordance with the 

appropriate Federal agency cut-off time specified in Exhibit I. A Federal agency will 

deposit funds in a State account the same day as requested. The amount of the request 

shall be for the amount of funds that clear the State's account that day. This funding 

technique is interest neutral.

Average Clearance The State shall request funds such that they are deposited by ACH on the dollarweighted average day of clearance for the disbursement, in accordance with the 

clearance pattern specified in Exhibit II. The request shall be made in accordance with 

the appropriate Federal agency cut-off time specified in Exhibit I. The amount of the 

request shall be for the exact amount of that disbursement. This funding technique is 

interest neutral.

Composite Clearance The State shall request funds such that they are deposited on the dollar-weighted 

average number of days required for funds to be paid out for a series of disbursements, 

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 5 of 19

in accordance with the clearance pattern specified in Exhibit II. The request shall be 

made in accordance with the appropriate Federal agency cut-off time specified in 

Exhibit I. The amount of the request shall be the sum of the payments issued in the 

series of disbursements. This funding technique is interest neutral.

6.2.2 The following are terms under which funding techniques for administrative costs shall be implemented for all transfers 

of funds to which the funding technique is applied in section 6.3.2 of this Agreement.

There are currently no funding techniques listed in Section 6.2.2.

6.2.3 The following are terms under which miscellaneous funding techniques shall be implemented for all transfers of funds to 

which the funding technique is applied in section 6.3.2 of this Agreement.

There are currently no funding techniques listed in Section 6.2.3.

6.2.4 The following are terms under which State unique funding techniques shall be implemented for all transfers of funds to which 

the funding technique is applied in section 6.3.2 of this Agreement.

Funding Technique Name Description

Actual Allocation The State shall request funds, such that they are deposited on the first business day 

after the cost allocation system records the expenditures in the statewide accounting 

system. The request shall be made in accordance with the appropriate Federal agency 

cut-off time specified in Exhibit I. The amount of the request for a given month's 

activity shall be based on actual costs distributed in accordance with the State's 

approved cost allocation plan. This funding technique is interest neutral.

Automatic Payment Distribution Revenue from Public or Flood Control land leasing will trigger automatic payment 

distribution, from the Federal Government. The payment distributions are determined 

by the Federal Government. This funding technique is interest neutral.

Fixed Interval Drawdowns The State, for non-payroll direct administrative costs, shall request funds once a 

month, such that they are deposited on the last working day of each month. The 

request shall be made in accordance with the appropriate Federal agency cut-off time 

specified in Exhibit I. The amount of the request shall be based on the amount of 

actual cash outlays for direct administrative costs during the month. 

The State, for the Department of Public Instruction, for non-payroll direct 

administrative costs, shall request funds once a month, such that they are deposited on 

the first business day after the cost allocation system records the expenditures in the 

statewide accounting system. The request shall be made in accordance with the 

appropriate Federal agency cut-off time specified in Exhibit I. The amount of the 

request shall be based on the amount of actual cash outlays for direct administrative 

costs during the month. This funding technique is interest neutral.

Prior Month's Actual Funds will be requested monthly for expenditures incurred in the prior month. 

Expenditures will be determined as soon as possible subsequent to the close of each 

month and a request for funds will occur as soon as possible thereafter. The request 

shall be made in accordance with the appropriate Federal agency cut-off time 

specified in Exhibit I. The amount of the request shall be for the actual expenditures 

incurred in the prior month. This funding technique is not interest neutral.

Weekly Reimbursable Funding The State shall request funds such as they are deposited in a State account in 

accordance with the clearance pattern specified in Exhibit II. The request shall be 

made in accordance with the appropriate Federal agency cut-off specified in Exhibit I. 

The amount of the request shall be the actual sum of expenditures that have been 

incurred, recorded, identified and reconciled as billable since the last weekly draw 

request was processed. In instances which include, but are not limited to, when the 

weekly draw is not scheduled for a day that is the end of the quarter, or year, or grant 

closeout deadline, the draw can be performed on that day in lieu of the normal 

scheduled day. The following weekly draw will be done as scheduled. In all the cases 

the request for funds will occur after the state has disbursed funds. This funding 

technique is interest neutral.

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 6 of 19

6.3 Application of Funding Techniques to Programs

6.3.1 The State shall apply the following funding techniques when requesting Federal funds for the component cash flows of the 

programs listed in sections 4.2 and 4.3 of this Agreement.

6.3.2 Programs

Below are programs listed in Section 4.2 and Section 4.3.

10.551 Supplemental Nutrition Assistance Program

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

10.553 School Breakfast Program

Recipient: Department of Public Instruction

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

10.555 National School Lunch Program

Recipient: Department of Public Instruction

% of Funds Agency Receives: 100

Component: Direct Costs

Technique: Average Clearance

Average Day of Clearance: 1 Day

12.401 National Guard Military Operations and Maintenance (O&M) 

Projects

Recipient: ND Adjutant General

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Prior Month's Actual

Average Day of Clearance: N/A

15.433 Flood Control Act Lands

Recipient: State Treasurer's Office

% of Funds Agency Receives: 100

Component: Program Benefits Non- Payroll

Technique: Automatic Payment Distribution

Average Day of Clearance: N/A

15.437 Minerals Leasing Act

Recipient: State Treasurer's Office

% of Funds Agency Receives: 100

Component: Program Benefits Non- Payroll

Technique: Automatic Payment Distribution

Average Day of Clearance: N/A

20.205 Highway Planning and Construction

Recipient: Department of Transportation

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Average Clearance

Average Day of Clearance: 1 Day

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 

7 of 19

84.010 Title I Grants to Local Educational Agencies

Recipient: Department of Public Instruction

% of Funds Agency Receives: 4

Component: Direct Administrative Costs (Non-Payroll)

Technique: Fixed Interval Drawdowns

Average Day of Clearance: N/A

84.010 Title I Grants to Local Educational Agencies

Recipient: Department of Public Instruction

% of Funds Agency Receives: 90

Component: Program Costs

Technique: Average Clearance

Average Day of Clearance: 2 Days

84.010 Title I Grants to Local Educational Agencies

Recipient: Department of Public Instruction

% of Funds Agency Receives: 2

Component: Indirect Costs

Technique: Actual Allocation

Average Day of Clearance: N/A

84.010 Title I Grants to Local Educational Agencies

Recipient: Department of Public Instruction

% of Funds Agency Receives: 4

Component: Payroll

Technique: Actual Allocation

Average Day of Clearance: N/A

84.027 Special Education -- Grants to States

Recipient: Department of Public Instruction

% of Funds Agency Receives: 4

Component: Direct Administrative Costs (Non-Payroll)

Technique: Fixed Interval Drawdowns

Average Day of Clearance: N/A

84.027 Special Education -- Grants to States

Recipient: Department of Public Instruction

% of Funds Agency Receives: 5

Component: Payroll

Technique: Actual Allocation Average Day of Clearance: N/A

84.027 Special Education -- Grants to States

Recipient: Department of Public Instruction

% of Funds Agency Receives: 1

Component: Indirect Costs

Technique: Actual Allocation

Average Day of Clearance: N/A

84.027 Special Education -- Grants to States

Recipient: Department of Public Instruction

% of Funds Agency Receives: 90

Component: Program Costs

Technique: Average Clearance

Average Day of Clearance: 0 Days

84.425 Education Stabilization Fund

Recipient: Department of Public Instruction

% of Funds Agency Receives: .5

Component: Direct Administrative Costs (Non-Payroll)

Technique: Fixed Interval Drawdowns

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 

8 of 19

Average Day of Clearance: N/A

84.425 Education Stabilization Fund

Recipient: Department of Public Instruction

% of Funds Agency Receives: 99.5

Component: Program Costs

Technique: Average Clearance

Average Day of Clearance: 1 Day

93.323 Epidemiology and Laboratory Capacity for Infectious Diseases 

(ELC)

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

93.423 1332 State Innovation Waivers

Recipient: Insurance Commissioner

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Actual Clearance, ZBA - Same Day Payment

Average Day of Clearance: N/A

93.558 Temporary Assistance for Needy Families

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

93.568 Low-Income Home Energy Assistance

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

93.575 Child Care and Development Block Grant

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

93.767 Children's Health Insurance Program

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

93.778 Medical Assistance Program

Recipient: Department of Health and Human Services

% of Funds Agency Receives: 100

Component: All Program Costs

Technique: Weekly Reimbursable Funding

Average Day of Clearance: N/A

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 9 of 19

97.036 Disaster Grants - Public Assistance (Presidentially Declared 

Disasters)

Recipient: ND Adjutant General

% of Funds Agency Receives: .3

Component: Direct Administrative Costs (Non-Payroll)

Technique: Fixed Interval Drawdowns

Average Day of Clearance: N/A

97.036 Disaster Grants - Public Assistance (Presidentially Declared 

Disasters)

Recipient: ND Adjutant General

% of Funds Agency Receives: 1

Component: Payroll

Technique: Actual Allocation

Average Day of Clearance: N/A

97.036 Disaster Grants - Public Assistance (Presidentially Declared 

Disasters)

Recipient: ND Adjutant General

% of Funds Agency Receives: 98.7

Component: All Program Benefits - Non-payroll (Grants)

Technique: Composite Clearance

Average Day of Clearance: 0 Days

6.3.3 Materiality Exemptions

Agencies exempt from coverage on the basis of materiality:

None

6.4.1 An agency is not required to drawdown federal funds if the expenditures for which reimbursement is being 

requested are under $50,000. An agency can wait to request federal funds for their expenditures until their federal 

drawdown will exceed $50,000. However, agencies still have the option of requesting federal funds for amounts 

under $50,000.

7.0 CLEARANCE PATTERNS

7.1 The State shall develop separate clearance patterns for each of the following:

Separate clearance patterns will be developed for the following programs by the following responsible State Agencies: N/A

7.2 The following shall develop the State's clearance patterns:

The ND Office of Management and Budget shall develop all of the State's clearance patterns for all major Federal Programs.

7.3 The sources of data the State shall use when developing its clearance patterns are as follows:

The sources of data the State shall use when developing its clearance patterns for payments made by the Statewide Accounting System 

are the PeopleSoft transaction history file, and the Bank of North Dakota cleared check file. The months of June through November 

2022 were used to calculate the clearance pattern for CFDA #20.205. The months of June thru August 2022 were used to calculate 

clearance patterns for CFDA #84.010, #84.027 and #84.425. The months of September thru November of 2022 were used to calculate 

the clearance pattern for #10.555. The months of December thru February 2023 were used to calculate clearance patterns for CFDA 

#97.036.

7.4 The State shall use the following methodology when developing its clearance patterns:

When developing each clearance pattern, the State shall track at least 99% of the funds disbursed, from issuance to clearance, for a 

period of at least three months.

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 10 of 19

7.5 The State shall identify for each check or warrant (hereafter, check) in the population: (1) the date the check was released 

for payment; (2) the date the check was debited from the State's account, and, (3) the amount of the check.

7.6 The State shall use the following method to calculate the dollar-weighted average day of clearance:

To determine the number of days each check was outstanding (clearance time), the issue date shall be subtracted from the date the 

check cleared the State's account.

To determine the percentage of the disbursement paid out each day following issuance, the amount of the checks that clear the

State's account each day shall be summed and then divided by the amount of the total disbursement.

For each day following issuance, the clearance time of the checks paid out that day shall be multiplied by the percentage of the total 

disbursement those checks represent. This product is the clearance factor.

The dollar-weighted average day of clearance for the disbursement shall be determined by summing the clearance factor of each day 

following the disbursement.

7.7 The State shall adjust each clearance pattern to reflect the dollar-weighted proportion of funds paid out by EFT/Direct payroll, 

with the following exceptions:

Interdepartmental Billings are not included for the programs that have a separate component for those billings.

The State shall also adjust each clearance pattern to reflect:

N/A

7.8 Each of the State's clearance patterns is calculated in Calendar days.

7.9 An authorized State official shall certify that each clearance pattern developed by the State accurately corresponds to the 

clearance activity of the programs to which it is applied. This certification shall be provided to the Fiscal Service prior to the 

effective date of the Agreement. The State shall recertify its clearance patterns at least every five years.

7.10 The State shall follow the procedures of 31 CFR 205 if it has actual or constructive knowledge, at any time, that a clearance 

pattern does not correspond to a program's clearance activity.

7.11.0 The issue date shall be the day following the date on the check, to allow for one day processing time before 

checks are mailed.

7.12.0 Estimated clearance activity is based on a sample of checks over a three to six month period. The system, 

knowing when the checks were written, determines if they are outstanding or have been cashed. The estimated 

clearance pattern is then based on this information. The information is kept in a spreadsheet by the agency 

responsible for it and is reconciled daily.

8.0 INTEREST CALCULATION METHODOLOGY

8.1 General Terms

8.1.1 The State and the Secretary agree that no interest liabilities will be incurred for transfers of funds made in accordance 

with the procedures specified in section 6 of this Agreement where the following funding techniques are applied:

Actual Allocation

Actual Clearance, ZBA - Same Day Payment

Automatic Payment Distribution

Average Clearance

Composite Clearance

Fixed Interval Drawdowns

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 11 of 19

Weekly Reimbursable Funding

8.1.2 The State shall maintain information on disbursements and receipts of funds to verify the implementation of any funding 

technique and document interest liabilities.

For each disbursement, the State shall be able to identify:

(1) amount of the issuance

(2) date of issuance

(3) date Federal funds are received and credited to a State account

(4) amount of Federal funds received

(5) date funds were requested

8.2 Federal Interest Liabilities

8.2.1 A Federal interest liability shall accrue from the day the State pays out its own funds for program purposes to the day Federal 

funds are credited to a State account. With regard to funds transferred out of the Federal Highway Trust Fund, if a State does not bill 

at least weekly for current project costs, the Federal interest liability shall not accrue prior to the day the State submits a request for 

funds.

8.2.2 The State shall use the following method to calculate Federal interest liabilities:

For all transactions where the State pays out its own funds for program purposes prior to receiving Federal funds, the State shall track 

each payment from the date it is paid out of a State account to the date Federal funds are subsequently credited to a State account to 

cover that outlay. The Federal interest liability on each payment shall be based on the difference in whole days between the two events. 

With Federal-State matching programs, interest shall be calculated on the Federal percentage of the disbursement.

Average Clearance: For all transactions where the State pays out its own funds for program purposes prior to receiving Federal funds, 

the Federal interest liability shall be based on the difference in whole days between the average date of clearance for the disbursement, 

as specified in Exhibit II, and the date the related Federal funds are credited to a State account. With Federal-State matching programs, 

interest shall be calculated on the Federal percentage of the disbursement.

8.3 The Unemployment Trust Fund

8.3.1 The State shall use the following method to calculate State interest liabilities on funds withdrawn from the several accounts

in the Unemployment Trust Fund:

The State shall use the following methodology to calculate State interest liabilities on funds withdrawn from the several accounts in the 

UTF under the Unemployment Insurance program.

Based on statements provided by its financial institution, or other appropriate source, the State shall determine the actual interest 

earnings and the related banking costs attributable to funds withdrawn from its account in the UTF.

At the end of the State's fiscal year, the State shall calculate the percentage of its total unemployment compensation expenditures for (1) 

funds withdrawn from the State account in the UTF, or the State %, and (2) funds withdrawn from the Federal Employees 

Compensation Account (FECA) and the Extended Unemployment Compensation Account (EUCA) and any other accounts of Federal 

funds in the UTF, or the Federal %.

The State shall calculate the actual interest earnings and the related banking costs attributable to funds withdrawn from the State 

account in the UTF by multiplying the State % by the amount of the actual interest earnings and the related banking costs of the account 

as a whole. The State's liability for interest on funds withdrawn from its account in the UTF shall consist of the actual interest earnings 

attributable to such funds less the related banking costs attributed to such funds.

The State shall determine the average daily cash balance of its unemployment compensation benefit payment account for its fiscal year. 

The State shall calculate the average daily cash balance of Federal funds by multiplying the Federal % by the average daily cash balance 

of the benefit payment account on the whole. The State's liability for interest on funds withdrawn from the FECA and EUCA (and any 

other benefit accounts of Federal funds in the UTF from which the State draws funds) shall be the average daily cash balance of Federal 

funds multiplied by the annualized rate equal to the average equivalent yields of 13-week Treasury bills auctioned during the State's 

fiscal year.

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 12 of 19

8.4 Refund Liabilities

8.4.1 The State shall be liable for interest on refunds from the date the refund is credited to a State account until the date the refund 

is debited from the State account for program purposes. The State shall apply a $50,000 refund transaction threshold below which 

the State shall not incur or calculate interest liabilities on refunds. A transaction is defined as a single deposit.

8.4.2 For each refund, the State shall maintain information identifying:

(1) date a refund is credited to a State account

(2) date of the subsequent deposit of Federal funds against which the refund is offset

(3) amount of the refund

8.4.3 The State shall use the following methodology to calculate interest liabilities on refunds:

With programs to which applicable interest neutral funding techniques are applied, the State interest liability shall be based on the 

difference in whole days between the date the refund is deposited in a State account and the date the refund is offset against a 

subsequent deposit of Federal funds.

8.5 Exemptions

8.5.1 Where more than one State agency is a recipient of Federal funds under a program, a particular State agency's funding may be 

excluded from interest calculation procedures if the State agency receives an amount of funds less than 5

% of the State's threshold for major Federal assistance programs. Notwithstanding this potential exemption, however, in no case 

shall less than 90% of a program's total funding be subject to interest calculation procedures.

Proration of calculations: If less than total program funding is subject to interest calculation procedures, the resulting interest 

liability calculations shall be prorated to 100% of program funding.

8.6 State Interest Liabilities

8.6.1 The State shall be liable for interest on Federal funds from the date Federal funds are credited to a State account until the

date those funds are paid out for program purposes.

8.6.2 The State shall use the following method to calculate State interest liabilities on Federal funds:

8.6.2.1 Measuring Time Funds Are Held

To determine the total time Federal funds are held, the State shall measure the time between the date Federal funds are received and 

credit to a State's account and the date those funds are debited from the State's account.

8.6.2.2 Source of Data

The time period from issuance of funds to the date funds are debited from the State's account shall be determined by the 

appropriate clearance pattern specified in Exhibit II.

8.6.2.3 Standards Applied

To measure the time Federal funds are held in a State account prior to being disbursed, the State shall use statistical sampling. The 

sample shall be randomly selected, and shall be of sufficient size to ensure, at a minimum, a 95% confidence interval no wider than ą 

0.3 dollar-weighted days about the estimated mean.

For each check in the sample population, the State shall:

1 subtract the deposit date from the issuance date

2 multiply the difference of step 1 by the check amount

3 divide the product of step 2 by the total amount of funds drawn in the sample to determine the dollar-weighted pre-issuance time for 

that check

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 13 of 19

The State shall then sum the dollar-weighted pre-issuance time for each check to arrive at the total dollar-weighted average pre-issuance 

time to be used for calculating State interest liabilities.

8.6.2.4 Calculation Procedure

I = ADB x R, where

I = State's total interest liability

ADB = Average Daily Balance of cash in a program's account, measured from deposit to clearance

R = Annualized rate equal to the average equivalent yields of 13-week Treasury bills auctioned during a State's fiscal year

8.7.0 Rebates for the Medicaid components for CFDA #93.778

Medical Assistance Program will be interest neutral when used in conjunction with an estimated refund process. 

Three refund components have been identified to be used in the reduction of the weekly requests for federal funds: 

(1) Drug Rebates are identified on a quarterly basis and tracked to establish a historical trend that will be used to 

estimate the weekly rebates. The estimates will be adjusted to actual collections the following week; (2) Provider 

Refunds these refunds were averaged over a weekly basis to obtain a historical trend that will be used to estimate 

the weekly refund. This weekly estimated amount will be reduced from the weekly request and then adjusted the 

following week to actual refunds collected; and (3) Other Rebates these refunds were averaged over a weekly basis 

to obtain a historical trend that will be used to estimate the weekly refund. This weekly estimated amount will be 

reduced from the weekly request and then adjusted the following week to actual refunds collected.

8.8.0 There are no interest earnings on funds withdrawn from the State UTF account, as the State has implemented 

estimated clearance funding technique, an interest-neutral funding technique, for such transfers. For transfers of 

funds from the State account in the UTF that do not follow the technique specified and result in a positive balance 

of funds in a State account, the State's liability for interest on funds withdrawn from its account in the UTF shall 

consist of the actual interest earnings of the benefit payment account attributed to such funds less the related 

banking costs attributed to such funds.

9.0 REVERSE FLOW PROGRAMS

The State is not required to cover any reverse flow programs under the terms of this Agreement because the State does not 

participate in the program.

10.0 INTEREST CALCULATION COSTS

10.1 As set forth in 31 CFR 205.27, interest calculation costs are defined as those costs necessary for the actual calculation of 

interest, including the cost of developing and maintaining clearance patterns in support of the interest calculations. Interest 

calculation costs do not include expenses for normal disbursing services, such as processing of checks or maintaining records for 

accounting and reconciliation of cash balances, or expenses for upgrading or modernizing accounting systems. Interest 

calculation costs in excess of $50,000 in any year are not eligible for reimbursement, unless the State provides justification with 

the annual report.

10.2 The State expects to incur the following types of interest calculation costs:

The State of North Dakota developed a system to monitor clearance patterns. In general, for those warrants generated by the statewide 

accounting system, OMB creates a file of transactions unique to the Federal Programs covered by our agreement. This file is updated 

on a daily basis and contains the check number; the date the check was written; the date the check cleared the Bank of North Dakota; 

the state accounting system's grant number, (this corresponds to the CFDA number); the transaction amount; etc.. This program 

computes the number of days from the time the check was written to when it cleared the Bank of North Dakota. We use it to determine 

if our clearance patterns are holding true and to compute any interest due or payable.

The State shall bill the Federal Government for all costs associated with the above. This includes the following charges for: 

programming; data processing; file storage; and any other cost associated with this file. At a minimum, data processing and file storage 

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 14 of 19

costs shall be an annual cost incurred by the state and billed to the Federal Government. The State shall also bill for the time to: 

compute the actual calculation of interest; compiling and analyzing data related to interest calculation; preparing and transmitting the 

Annual Report. Costs are not available at this time, however, all costs billed the Federal Government shall be properly documented and 

available for audit.

10.3 The State shall submit all claims for reimbursement of interest calculation costs with its Annual Report in accordance with 31 

CFR 205.

11.0 NON-COMPLIANCE

11.1 The provisions of 31 CFR Part 205.29 and 31 CFR Part 205.30 shall apply in cases of non-compliance with the terms of 

this Agreement.

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 15 of 19

12.0 AUTHORIZED SIGNATURES

Crystal Hoggarth

Fiscal Officer, N.D. Office of Management and Budget

Signature: Date Signed:

Date Submitted 5/31/2023

Sandra R. Paylor

Assistant Commissioner

Revenue Collections Management

Bureau of the Fiscal Service

U.S. Department of the Treasury

Signature: Date Signed:

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC

6/6/2023

6/8/2023
Page 16 of 19

Exhibit I - Funds Request and Receipt Times Schedule

State of North Dakota

Federal Agency Payment Type Request Cut-Off Time Receipt Window

Agriculture-FNS ACH 11:59 PM 1 day

Agriculture-FNS Fedwire 5:45 PM 0 day

Agriculture-FS ACH 3:00 PM 1 day

Air National Guard ACH 12:00 PM 15 days

Army National Guard ACH 12:00 PM 15 days

Commerce-NOAA ACH 2:00 PM 1 day

Dept of Homeland Security (FEMA) Fedwire 2:00 PM 2 days

Dept of Homeland Security (ODP) ACH 2:00 PM 2 days

Dept of Homeland Security (ODP) Fedwire 2:00 PM 2 days

EPA ACH 2:00 PM 2 days

EPA Fedwire 2:00 PM 0 day

Education ACH 3:00 PM 1 day

Education Fedwire 2:00 PM 0 day

Energy ACH 4:00 PM 1 day

Energy Fedwire 3:00 PM 0 day

HHS ACH 5:00 PM 1 day

HHS Fedwire 3:00 PM 0 day

HUD ACH 5:30 PM 2 days

HUD Fedwire 3:00 PM 0 day

Interior-FWS ACH 11:59 PM 1 day

Interior-FWS Fedwire 5:45 PM 0 day

Interior-OSM ACH 3:00 PM 1 day

Interior-OSM Fedwire 1:00 PM 0 day

Justice ACH 11:00 PM 6 days

Justice Fedwire 2:00 PM 2 days

Labor-Non-UTF ACH 3:00 PM 1 day

Labor-UTF ACH 3:00 PM 1 day

Labor-UTF Fedwire 3:00 PM 0 day

National Science Foundation (NSF) ACH 8:00 PM 1 day

National Science Foundation (NSF) Fedwire 5:45 PM 0 day

Social Security Administration ACH 11:59 PM 1 day

Social Security Administration Fedwire 5:45 PM 0 day

Transportation (FAA) ACH 2:00 PM 1 day

Transportation (FHWA) ACH 12:00 PM 3 days

Transportation (FHWA) Fedwire 12:00 PM 0 day

Transportation (FTA) ACH 2:00 PM 1 day

Veterans Administration ACH 12:00 PM 3 days

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 17 of 19

Exhibit II - State of North Dakota

LIST OF STATE CLEARANCE TIMES

(Rounded Dollar-Weighted Average Day of Clearance)

Clearance Times Where the Timing of A Draw Down Is Based on A Clearance Pattern

CFDA Program Name Recipient % Component Technique Rounded 

days

10.551 Supplemental 

Nutrition 

Assistance 

Program

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

10.553 School Breakfast 

Program

Department of 

Public Instruction

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

10.555 National School 

Lunch Program

Department of 

Public Instruction

100.0 Direct Costs Average Clearance 1 Day

12.401 National Guard 

Military 

Operations and 

Maintenance 

(O&M) Projects

ND Adjutant 

General

100.0 All Program Costs Prior Month's 

Actual

N/A

15.433 Flood Control Act 

Lands

State Treasurer's 

Office

100.0 Program Benefits 

Non- Payroll

Automatic Payment 

Distribution

N/A

15.437 Minerals Leasing 

Act

State Treasurer's 

Office

100.0 Program Benefits 

Non- Payroll

Automatic Payment 

Distribution

N/A

20.205 Highway Planning 

and Construction

Department of 

Transportation

100.0 All Program Costs Average Clearance 1 Day

84.010 Title I Grants to 

Local Educational 

Agencies

Department of 

Public Instruction

4.0 Direct Administrative 

Costs (Non-Payroll)

Fixed Interval 

Drawdowns

N/A

Title I Grants to 

Local Educational 

Agencies

Department of 

Public Instruction

90.0 Program Costs Average Clearance 2 Days

Title I Grants to 

Local Educational 

Agencies

Department of 

Public Instruction

2.0 Indirect Costs Actual Allocation N/A

Title I Grants to 

Local Educational 

Agencies

Department of 

Public Instruction

4.0 Payroll Actual Allocation N/A

84.027 Special Education 

-- Grants to States

Department of 

Public Instruction

4.0 Direct Administrative 

Costs (Non-Payroll)

Fixed Interval 

Drawdowns

N/A

Special Education 

-- Grants to States

Department of 

Public Instruction

5.0 Payroll Actual Allocation N/A

Special Education 

-- Grants to States

Department of 

Public Instruction

1.0 Indirect Costs Actual Allocation N/A

Special Education 

-- Grants to States

Department of 

Public Instruction

90.0 Program Costs Average Clearance 0 Days

84.425 Education 

Stabilization Fund

Department of 

Public Instruction

0.5 Direct Administrative 

Costs (Non-Payroll)

Fixed Interval 

Drawdowns

N/A

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 18 of 19

Education 

Stabilization Fund

Department of 

Public Instruction

99.5 Program Costs Average Clearance 1 Day

93.323 Epidemiology and 

Laboratory 

Capacity for 

Infectious 

Diseases (ELC)

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

93.423 1332 State 

Innovation 

Waivers

Insurance 

Commissioner

100.0 All Program Costs Actual Clearance, 

ZBA - Same Day 

Payment

N/A

93.558 Temporary 

Assistance for 

Needy Families

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

93.568 Low-Income 

Home Energy 

Assistance

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

93.575 Child Care and 

Development 

Block Grant

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

93.767 Children's Health 

Insurance 

Program

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

93.778 Medical 

Assistance 

Program

Department of 

Health and 

Human Services

100.0 All Program Costs Weekly 

Reimbursable 

Funding

N/A

97.036 Disaster Grants -

Public Assistance 

(Presidentially 

Declared 

Disasters)

ND Adjutant 

General

0.3 Direct Administrative 

Costs (Non-Payroll)

Fixed Interval 

Drawdowns

N/A

Disaster Grants -

Public Assistance 

(Presidentially 

Declared 

Disasters)

ND Adjutant 

General

1.0 Payroll Actual Allocation N/A

Disaster Grants -

Public Assistance 

(Presidentially 

Declared 

Disasters)

ND Adjutant 

General

98.7 All Program Benefits 

- Non-payroll 

(Grants)

Composite 

Clearance

0 Days

Certification

I hereby certify that an authorized State official has certified at least every five years that the "Rounded Days of Clearance" listed 

in Exhibit 2 of this Treasury-State Agreement:

1. Have been prepared in accordance with the standards provided in 31 CFR 205.20;

2. Accurately represent the flow of Federal funds under the Federal assistance programs to which they apply;

3. Reflect seasonal or other periodic variations in the clearance activities; and,

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC
Page 19 of 19

4. Are auditable.

Date: 

Printed Name: 

Certifying Signature: 

Title: 

DocuSign Envelope ID: 30D4D207-FE7B-4840-93FB-84C82871EBCC

Account Budget Specialist III

Elizabeth Rogers

6/2/2023