63144 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 20

RIN 1076–AD95

Financial Assistance and Social

Services Programs

AGENCY: Bureau of Indian Affairs,

Interior.

ACTION: Final rule.

SUMMARY: The Bureau of Indian Affairs

(Bureau) is amending the existing

Financial Assistance and Social

Services Program regulations to

incorporate rules for Adult Care

Assistance, Burial Assistance, Child

Assistance, Disaster Assistance,

Emergency Assistance, General

Assistance, Services to Children, Elderly

and Families, Tribal Welfare Reform,

and Tribal Work Experience Program.

All other sections are revised and

renumbered to conform to existing

programmatic and budgetary statutes

and conditions. Also, these regulations

have been rewritten in Plain English as

required by Executive Order 12866. In

keeping with the intent of Plain English,

we added more subparts for easier use

in reference.

EFFECTIVE DATE: These regulations take

effect on November 20, 2000.

FOR FURTHER INFORMATION CONTACT:

Larry Blair, Chief, Division of Social

Services, Department of the Interior,

Bureau of Indian Affairs, 1849 C Street,

NW., MS–4660–MIB, Washington, DC

20240 at telephone (202) 208–2721.

SUPPLEMENTARY INFORMATION: We last

revised the financial assistance and

social services regulations in 25 CFR

part 20 in 1985. Since that time, a

number of important changes have

occurred that are not reflected in the

existing regulations. These actions

present an opportunity to review the

current priorities and policies contained

in the regulations and propose changes

that conform to existing conditions. We

published a proposed rule in the

Federal Register on May 6, 1999 (64 FR

24296). We considered the following

factors in proposing changes in the

current regulations:

• The primary purpose of the

amendments is to provide clear, concise

regulations that will improve program

implementation;

• Congress has enacted a cap on the

level of financial assistance funding;

• Existing financial assistance and

social services regulations do not

provide for the development of tribal

welfare reform/redesign plans in

accordance with tribal desires and

existing law;

• Given fluctuations in financial

assistance caseloads and emergencies, it

has been difficult to plan and refine the

existing service delivery framework;

• The Department of Health and

Human Services (HHS) has made a

policy decision to allow Temporary

Assistance for Needy Families (TANF)

payments to be included as one of the

grants under Public Law 102–477;

• Public Law 104–193 Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996 (PRWORA)

reduced funding level authorizations

and required General Assistance (GA)

payments to be equal to the level of state

TANF payments; and

• The Indian Child Protection and

Family Violence Prevention Act and the

Adoption and Safe Families Act have

established new standards in child

welfare. The regulations need revision

to incorporate and consolidate

additional child protection and

permanency planning requirements.

The Bureau continues to support the

policy that Indian people are eligible

and should receive financial assistance

and social services from local state,

county, and city resources on the same

basis as non-Indians. For the purposes

of simplifying the locations where we

will provide the financial assistance and

social services program, we use the term

‘‘service area’’ in these regulations and

tell you how to get a service area if one

does not yet exist.

Summary of the Rule

The rule provides tribes the option of

operating their own general assistance

program through a redesign plan which

incorporates welfare reform or utilizing

the Bureau’s revised regulations on

general assistance as a program standard

for operation. In addition, the rule

provides clear concise guidance for

operation of other program components

including Adult Care Assistance, Burial

Assistance, Child Assistance, Disaster

Assistance, Emergency Assistance,

Services to Children, Elderly and

Families and Tribal Work Experience

Program. These Bureau programs do not

replace any existing services, but in

many instances interface with existing

federal, state, county and tribal

programs. Many of these governmental

public assistance programs have been

modified and revised as a result of

PRWORA and the Bureau has the task

of distinguishing and describing its

programs to prevent duplication of

services. Much tribal input was received

both during the comment period and in

prior meetings with tribal leaders and

program officials.

The final rule reflects this input and

provides tribes with choices as to how

they might proceed with their own

versions of welfare reform. In addition,

the rule clarifies specific eligibility

criteria for applicants and describes

where services may be provided for

eligible applicants. The program will

continue to be based upon need and the

annual distribution of funds is based

upon the number of cases and lack of

other resources to meet need.

Review of Public Comments

Appeal means a written request for

correction of an action or decision of a

specific program decision by a Bureau

official (§ 20.700) or a tribal official

(§ 20.705).

No comments were received on this

definition.

Applicant means an Indian individual

or person by or on whose behalf an

application for financial assistance and/

or social services has been made under

this part.

One commenter recommended an

applicant be an ‘‘enrolled Indian.’’

Response: This recommendation was

not adopted. The definition of ‘‘Indian’’

states that an Indian is a member of a

federally recognized tribe that is

recognized by the Bureau of Indian

Affairs to receive service. The definition

was not changed because the term

‘‘Indian’’ indicates the applicant is a

member of a tribe that is recognized by

the Federal Government to receive

service.

Application means the written or oral

process through which a request is

made for financial assistance or social

services.

One commenter stated the

requirement of a written application

was in conflict with § 20.600(a) which

states an application may be written or

oral. This section was renumbered as

§ 20.601 in the final rule.

Response: This recommendation was

adopted. The language was changed to

state that an application can be oral or

written.

Area Director means the Bureau

official in charge of an Area Office.

One commenter stated that Area

Director had changed to Regional

Director.

Response: This recommendation was

adopted and the definition was changed

to Regional Director.

Assistant Secretary means the

Assistant Secretary—Indian Affairs.

No comments were received on this

definition.

Authorized representative means a

parent or other caretaker relative,

conservator, legal guardian, foster

parent, attorney, paralegal acting under

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63145

the supervision of an attorney, friend or

other spokesperson duly authorized and

acting on behalf or representing the

applicant or recipient.

No comments were received on this

definition.

Bureau means the Bureau of Indian

Affairs of the United States Department

of the Interior.

No comments were received on this

definition.

Bureau Standard of Assistance means

payment standards established by the

Assistant Secretary—Indian Affairs for

Burial, Disaster, Emergency, and

Adoption and Guardianship subsidy. In

accordance with Pub. L. 104–193, the

Bureau Standard of Assistance for

General Assistance is the state rate for

TANF in the state where the applicant

lives. Child Assistance and Foster Care

rates are in accordance with Title IV of

the Social Security Act (49 Stat. 620)

and Pub. L. 104–193.

Some commenters raised the

following questions: (1) What authority

under Pub. L. 104–193 is used as the

basis for the Bureau Standard of

Assistance for General Assistance and

Foster Care? (2) Why is the Bureau

required to use Foster Care rates in

accordance with Title IV of the Social

Security Act? (3) What Bureau Standard

of Assistance is used for multi-state

tribes? (4) Why shouldn’t the Bureau

Standard of Assistance be an amount

equal to the larger of either the state or

tribal TANF amount? (5) Why should

the Bureau set their own Standard of

Assistance? (6) What is the Bureau’s

definition for financial assistance?

Response: These recommendations

were partially adopted. Pub. L. 104–193

does require the Bureau General

Assistance payment levels be tied to the

state TANF rate including ratable

reduction. Child Assistance was deleted

from the reference to rates as Foster Care

rates should have been the only service

referenced. By tradition, the Bureau has

used state Foster Care rates for Indian

children requiring care. Based on the

Bureau’s experience, this is the most

equitable payment level for Foster Care,

and the Bureau continues to use the

state established Foster Care rates for

this purpose. The Bureau acknowledges

the need to explain service delivery

where a reservation extends into more

than one state and added language to

that effect. There may be instances

when the General Assistance rate would

be a larger amount than the state TANF

rate if the tribe has chosen to redesign

their General Assistance program. The

Bureau Standard of Assistance for Adult

Care Assistance and TWEP will be

added to the definition because these

services were added under financial

assistance. Additionally, adult and adult

care will be added as definitions. The

Bureau has the discretion to establish

payment standards for unmet needs that

it does not routinely provide, such as

Emergency Assistance, Adoption or

Guardianship subsidy; therefore, these

rates will be established by the Assistant

Secretary. The Burial Assistance

payment level will also remain an

indigent Burial Assistance rate, and the

rate will continue to be established by

the Assistant Secretary. The Bureau has

limited experience in dealing with

natural disasters, but has coordinated

assistance with Red Cross and Federal

Emergency Management Assistance

(FEMA) when disaster occurs on Indian

reservations. The Assistant Secretary

will establish payment rates for

allowable expense(s) when disaster

strikes an Indian reservation. The

payment levels established by the

Assistant Secretary will be reviewed

and updated periodically. The Bureau

will add a definition for financial

assistance to add clarity.

Burial Assistance means a financial

assistance payment made on behalf of

an indigent eligible Indian person who

meets the eligibility criteria to provide

minimum burial expenses according to

the Bureau payment standards

established by the Assistant Secretary—

Indian Affairs.

One commenter requested deletion of

‘‘indigent.’’ Other commenters

recommended the tribe establish their

own Burial Assistance payment level.

One commenter recommended

judgement funds not be counted as

income toward the Burial Assistance

payment.

Response: These recommendations

were not adopted. The Bureau’s Burial

Assistance has always been used for

eligible Indians who are ‘‘indigent,’’ and

who have no resources available to be

used for Burial Assistance. The Bureau

will continue to make this assistance for

‘‘indigent’’ Indians, only, and will retain

the discretion to establish an indigent

burial rate. Judgement funds that are

exempted by federal law(s) are not

counted as income by the Bureau for the

purpose of federal assistance.

Case means all individuals in the

household.

Some commenters stated that the

definition for case was too simplified

and needed to be further defined.

Response: The recommendations were

adopted and the definition was

changed.

Case management means the activity

of a social services worker in assessing

client and family problem(s), case

planning, coordinating and linking

services for clients, monitoring service

provisions and client progress,

advocacy, tracking and evaluating

services provided, such as evaluation of

child’s treatment being concurrent with

parent’s treatment, and provision of

aftercare service. Activities may also

include resource development and

providing other direct services such as

accountability of funds, data collection,

reporting requirements, and

documenting activities in the case file.

Some commenters stated that social

services staff cannot perform this

function without additional resources,

and one commenter stated that this is a

practice issue, and should not be part of

the Bureau’s definitions.

Response: These recommendations

were not adopted. The need for

additional resources to accomplish case

management was not addressed as this

is not a regulatory issue. The Bureau

disagreed with the comment that this

definition is primarily a practice issue.

The Bureau views this definition as a

quality control method used by a social

services worker and his/her supervisor

to track cases to ensure appropriate

services are provided. In addition, a

review system is established to

determine client progress and link

resources that may be needed to

institute change. This definition will be

of assistance to case managers for

maintaining data collection and/or

information required by federal laws

and for documenting the need for

welfare assistance funds.

Case plan means a signed written

plan with time limited goals which is

developed and signed by the service

recipient and social services worker.

The plan will include documentation of

referral and ineligibility for other

services. The plan must incorporate the

steps needed to assist individuals and

families to resolve social, economic,

psychological, interpersonal, and/or

other problems, to achieve selfsufficiency and independence. All plans

for children in Foster Care must include

a time specific goal of the return of the

child to the home or initiation of a

guardianship/adoption.

Some commenters requested

explanation as to when permanency

plans should be included in case plans.

One wanted a clarification as to how the

case plan differed from the Individual

Self-sufficiency Plan (ISP).

Response: These recommendations

were partially adopted. Permanency

plans should be developed and

included in case plans for all out of

home placements including residential

care. The definition of ‘‘Permanency

Plan’’ includes language that allows

tribes to establish a permanency plan for

children that are consistent with their

63146 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

tribal codes. ISP is specific action(s)

which a General Assistance recipient

must accomplish in order to become

employed and retain employment. The

definition for the ISP states that this

plan will be incorporated into the Case

Plan, or in essence, the ISP is only one

part of the Case Plan.

Child means an Indian person under

the age of 18 or such other age of

majority as may be established for

purposes of parental support by tribal or

state law (if any) applicable to the

person at his or her residence, except

that no person who has been

emancipated by marriage will be

deemed a child.

One commenter recommended that

children should be exempted from

employment as indicated in § 20.315.

Response: This recommendation was

not adopted. Section 20.315 states that

the employment policy does not apply

to a full time student under the age of

19. The definition was revised to

provide clarity.

Child Assistance means financial

assistance provided on behalf of an

Indian child, or an Indian under age 18,

who is not eligible for any other state or

federal assistance as documented in the

case file and who requires placement in

a foster home or specialized nonmedical care facility, in accordance with

standards of payments established by

the state in which they reside pursuant

to the foster care program under Title IV

of the Social Security Act (49 Stat. 620),

or has special needs as specified in

§ 20.100.

Some commenters requested that the

term ‘‘Child Welfare Assistance’’ be

retained, and some stated the Bureau

should retain the current Child Welfare

Assistance language that allows

assistance to be provided to Indian

children until they reach age 22. Some

commenters stated that this definition

should include payments for adoption

subsidies, guardianship subsidies,

homemaker, day care, and other out of

home placements that use child

assistance funds. One commenter stated

that the change in terminology

emphasizes service to children and

moves away from the idea that this is

not ‘‘welfare.’’

Response: These recommendations

were partially adopted. The Bureau

provides child assistance to eligible

Indian children who are under age 18,

because this is the age recognized

nationally when a child is considered to

be an adult. The Bureau retained the

new terminology ‘‘Child Assistance’’

because the emphasis of this program

component is upon the well-being of

children within the family unit. When

the family encounters difficulties, a

temporary out-of-home placement or

respite assistance may be necessary to

preserve the family. The cost associated

with guardianship subsidy and adoption

subsidy is addressed under the Bureau

Standard of Assistance, and the

expenses related to homemaker, day

care and respite service are considered

‘‘Special Needs’’ as specified in

§ 20.100. The definition was revised to

include all the types of services that are

provided under child assistance.

Designated representative means an

official of the Bureau who is designated

by a Superintendent to hold a hearing

as prescribed in §§ 20.700 through

20.705 and who has had no prior

involvement in the proposed decision

under § 20.602 and whose hearing

decision under §§ 20.700 through

20.705 will have the same force and

effect as if rendered by the

Superintendent.

Some commenters requested the

addition of a ‘‘designated tribal official’’

for tribal contracts or compacts.

Response: This recommendation was

not adopted. This recommendation was

not added because tribes have authority

to develop their own policies and

procedures to handle appeals at

§ 20.705.

Disaster means a situation where a

tribal community is adversely affected

by a natural disaster or other forces

which pose a threat to life, safety, or

health as specified in §§ 20.327 and

20.328.

One commenter recommended the

addition of ‘‘man made’’ disasters, and

another recommended the addition of a

tribal community disaster definition

which would describe economic failures

in the fishing and agriculture industries.

Another commenter stated that tribal

communities should declare their own

disasters.

Response: These recommendations

were not adopted. The Bureau retained

the disaster assistance definition,

because there is no limit as to how man

made disasters may be interpreted. As

indicated in other areas of this

regulation, the Bureau’s financial

resources are residual. The primary

responsibility for service delivery for

natural disasters is the Red Cross and

the Federal Emergency Management

Agency (FEMA), and state agencies and

tribes should contact them to request

disaster assistance. In the event

assistance and/or services cannot be

obtained from other resources, the tribe

can make a request to the Bureau for

disaster assistance. The process to be

used by a tribe to declare a disaster is

addressed at § 20.328. The

recommendation to include economic

disasters was not accepted because

general assistance, and other state

assistance such as TANF are available to

meet economic hardships of individuals

needing financial assistance.

Emergency means a situation where

an individual or family’s home and

personal possessions are either

destroyed or damaged through forces

beyond their control as specified in

§ 20.329.

Some commenters stated that

Emergency Assistance is too narrowly

defined and should include conditions

for emergency food, transportation and

loss of heat in a winter storm.

Response: These recommendations

were not adopted. The Bureau’s General

Assistance and other assistance (TANF

and Food Stamps) should be used to

meet food needs, and transportation

needs. If the winter storm is extensive

in nature and poses a threat to life,

safety or health, then such a request for

assistance should be handled as a

disaster as specified in §§ 20.327 and

20.328.

Employable means an eligible Indian

person who is physically and mentally

able to obtain employment, and who is

not exempt from seeking employment in

accordance with the criteria specified in

§ 20.315.

One commenter stated that in

addition to being physically and

mentally able to obtain employment, the

person should have a high school

diploma or General Equivalency

Diploma (GED) to be considered

employable.

Response: This recommendation was

not adopted. This recommendation is

not accepted because an individual is

not required to have a high school

diploma or GED to be considered

employable. The purpose of this

regulation is to work with general

assistance recipients and help them to

become employed. It is preferable that

individuals have a high school diploma

or GED, but this is not a requirement to

be considered employable.

Essential needs means shelter, food,

clothing and utilities, as included in the

standard of assistance in the state where

the eligible applicant lives.

One commenter recommended that

tribes establish their own definition for

essential needs.

Response: This recommendation was

not adopted. Nationwide, the need

determination for any state standard of

assistance at a minimum includes food,

shelter, clothing and utilities; therefore,

the Bureau will retain the definition of

essential needs.

Extended family means persons

related by blood, marriage or as defined

by Indian custom.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63147

Some commenters requested that

‘‘tradition’’ replace the word ‘‘custom,’’

and one commenter wanted language to

insure that where tribal codes for family

existed they would take precedence.

Some commenters requested the

inclusion of ‘‘Kinship care’’ into this

definition. One commenter

recommended revising the definition as

follows: Extended family will be

defined by tribal law or custom, or in

the absence of such law or custom,

means a grandparent, grandchild, aunt

or uncle, brother or sister, brother-inlaw or sister-in-law, niece or nephew,

first or second cousin, or stepparent or

stepchild.

Response: These recommendations

were partially adopted. The inclusion of

kinship care was not accepted, because

kinship care is related to placement of

children with relatives and/or the

placement practice of a social service

agency; however, the Bureau will

include a reference to tribal law to

ensure that existing tribal laws take

precedence.

Family assessment means a social

services evaluation of a family’s abilities

and resources to provide the necessary

care and supervision for the children,

and individuals within the family’s

current living situation and is included

in the case file.

Some commenters stated that the

definition is limited and the language

‘‘is included in the file’’ is not a

definition. Some commenters

recommended the addition of clinical or

social service evaluation to this

definition to clarify what should be

included in the assessment.

Response: These recommendations

were partially adopted. The definition

of family assessment was revised to

include social services assessment. In

addition, § 20.404 was added to specify

the minimum requirements needed in a

social services assessment.

Foster Care Services means those

social services provided when an Indian

child lives away from the family home.

Some commenters stated that the

definition is vague and too general.

Response: This recommendation was

adopted. The definitions of foster care

services was revised to provide clarity

and examples were provided.

General Assistance means a

secondary or residual source of financial

assistance payments to eligible Indian

individuals for essential needs as

provided and pursuant to §§ 20.300

through 20.319.

One commenter stated that the

regulation must specify that general

assistance is ‘‘temporary,’’ and another

stated that general assistance should be

provided only to ‘‘enrolled eligible

Indians’’ of a federally recognized tribe.

Another commenter suggested

simplifying the definition.

Response: These recommendations

were partially adopted. General

Assistance is temporary assistance and

eligibility is reviewed periodically.

There is a process for review of

recipient eligibility every 3 months for

employables and every 6 months for

unemployables. The language ‘‘eligible

Indian individuals’’ in the definition in

§ 20.100 indicates that enrolled Indians

of a federally recognized tribe may

apply for general assistance. The

reference to secondary or residual

source was deleted.

Head of household means the persons

in the household with whom the

household members live and who

makes application for benefits.

Some commenters stated that this

definition needs to be redefined and

clarified. One commenter stated that the

definition should include language

stating that one person can be the head

of household, rather than a number of

persons.

Response: These recommendations

were adopted. The definition was

changed to clarify that one person was

the head of household and financially

responsible for the other members.

Homemaker services means those

non-medical services purchased or

contracted for individuals who are not

eligible for any other programs such as

Medicaid/Medicare as documented in

the case file. These individuals must be

under the supervision of a social

services agency which is administered

by a person trained in such skills as

child care and home management to

prevent out-of-home placement.

Some commenters recommended the

deletion of the second sentence in the

definition and deletion of ‘‘Medicaid/

Medicare,’’ because this is a ‘‘policy’’

statement rather than a definition. One

commenter stated that the definition is

vague and needs clarity and should

include homemaker services for adults

and children and a reference should be

made to residential care.

Response: These recommendations

were partially adopted. References to

Medicaid/Medicare were deleted as they

were unnecessary and the addition of

adults and children was not accepted as

the use of individuals implies both

adults and children as beneficiaries of

this service. Residential Care was added

and referenced and the definition was

rewritten.

Household means persons living

together who may or may not be related

to the ‘‘head of household.’’

Some commenters requested that the

definition be revised taking into

consideration the existence of multiple

households and the practice of

accepting roommates when determining

payment amounts. Another commenter

stated that there is a need for the

language ‘‘who function as members of

a family unit.’’

Response: These recommendations

were not adopted. The process for

calculation of payments in a multiple

household is addressed at § 20.313. The

recommendation to include, ‘‘who

function as members of a family unit’’

is not necessary because there is a legal

obligation to support family members.

There are circumstances when

individuals who are not related to the

head of household may be considered as

additional persons in a general

assistance household.

Indian means any person who is a

member of any of those tribes listed in

the Federal Register, pursuant to 25

CFR part 83, as recognized by and

receiving services from the Bureau of

Indian Affairs.

Some commenters stated that this

definition should specify enrolled

member or be simplified.

Response: This recommendation was

partially adopted. Membership is

determined by tribes, and eligible

members can receive services. The

definition was revised and simplified.

Indian court means Indian tribal court

or court of Indian offenses.

Some commenters recommended the

deletion of ‘‘Court of Indian Offenses.’’

Response: This recommendation was

not adopted. Court of Indian Offenses

was not deleted because this is the

official name of a court operated by the

United States Government.

Indian tribe means an Indian or

Alaska Native tribe, band, nation,

pueblo, village, or community that the

Secretary of the Interior acknowledges

to exist as an Indian tribe pursuant to

Public Law 103–454, 108 Stat. 4791.

Some commenters requested retention

of the current definition which states

Alaska Native Village or regional or

village corporation and asked that the

definition be simplified.

Response: This recommendation was

adopted. The definition was revised and

simplified.

Individual Self-Sufficiency Plan (ISP)

means a plan designed to meet the goal

of employment through specific action

steps and is incorporated within the

case plan. The plan is jointly developed

and signed by the general assistance

recipient and social services worker.

Some commenters stated that they

objected to the addition of an ISP

because this requirement will be

burdensome. One commenter stated the

self-sufficiency may be in conflict with

63148 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

the state’s self-sufficiency plan if the

applicant is coming to general

assistance from a TANF program.

Response: These recommendations

were not adopted. We acknowledge the

development and implementation of an

ISP may be burdensome, but it is good

social work practice to have ISP’s for

employable general assistance

recipients. Both the general assistance

and TANF programs’ expectation is to

attain employment in order to become

self-sufficient, and although the specific

action steps to be taken to obtain

employment for general assistance may

not be the same as TANF, the ultimate

goal is the same.

Need means the deficit after

consideration of income and other

resources necessary to meet the cost of

essential need items and special need

items as defined by the Bureau standard

of assistance for the state in which the

applicant or recipient resides.

No comments were received on this

definition.

Non-medical care means financial

assistance for room and board services

for individuals in non-medical care

facilities. These individuals must not be

eligible for SSI or any other federal or

state programs and this information

must be documented in the case file.

Some commenters asked if ‘‘nonmedical service’’ is the same as ‘‘nonmedical care’’ as the definition was

confusing and should be revised or

deleted. One commenter requested

changing the words ‘‘must not’’ to

‘‘should not.’’ Another commenter

requested clarification in terms of what

was considered as residential care

services.

Response: This recommendation was

adopted. This definition was deleted to

avoid confusion and the definition of

residential care services was added.

Permanency plan means the

documentation in a case plan which

provides for permanent living

alternatives for the child in foster care

who is not eligible for any other federal

or state program. Permanency plans are

developed in accordance with tribal,

cultural, and tribal/state legal standards

when the parent or guardian is unable

to resolve the issues that require out-ofhome placement of the children.

Some commenters recommended

permanency plans be developed in

accordance with ICWA language.

Response: This recommendation was

partially adopted. Reference to ICWA

was unnecessary in this definition. The

definition was revised to include a

description of the circumstances where

a permanency plan may be required and

language indicating that a plan has been

developed and implemented.

Protective services means those

services necessary to protect an

individual who is the victim of an

alleged and/or substantiated incident of

abuse, neglect or exploitation. In

coordination with law enforcement and

tribal courts, this may include

placement of the individual out of the

home to assure the safety of the

individual while the allegations are

being investigated. Social workers will

not remove individuals from their

homes without a court order except in

life threatening situations. Protective

services can also include provision of

social services in the home, the

coordination and referral to other

programs/services and the involvement

of Child Protection and/or MultiDisciplinary Teams.

Some commenters objected to the

sentence, ‘‘Social Workers will not

remove individuals from their homes

without a court order except in life or

death situations.’’ One commenter

requested additional clarity in

explaining responsibility under

protective services.

Response: These recommendations

were adopted. The justification for

changing this language to read that

social services workers can remove

individuals in life threatening situations

was accepted by the Bureau and the

language was revised. Repetitive

language was deleted and language was

added to clarify that social services has

responsibility for supervision of

Individual Indian Money accounts.

Public assistance means those

programs of financial assistance

provided by state, tribal, county, local

and federal organizations including

programs under Title IV of the Social

Security Act (49 Stat. 620), as amended,

and Public Law 104–193.

No comments were received on this

definition.

Recipient is an individual or person

who has been determined as eligible

through documentation in the case file

and is receiving financial assistance

under this part.

No comments were received on this

definition. This definition was revised

for simplification.

Recurring income means any cash or

in-kind payment, earned or unearned,

received on a monthly, quarterly,

semiannual, or annual basis.

No comments were received on this

definition.

Resources means income and other

liquid assets available to an Indian

person or household to meet current

essential needs, unless otherwise

specifically excluded by federal statute.

Liquid assets are those items in the form

of cash or other financial instruments

which can be converted to cash, such as

savings or checking accounts,

promissory notes, mortgages and similar

properties, and retirements and

annuities.

One commenter recommended the

deletion of ‘‘other financial instruments

which can be converted to cash.’’

Another commenter requested the

exclusion of the value of the ‘‘primary

residence.’’

Response: These recommendations

were not adopted. This definition is the

same definition of resources in the

current regulations, 25 CFR part 20, and

deletion of this language would lead to

confusion. The value of the primary

residence of individuals applying for

assistance/services is not a countable

resource.

Secretary means the Secretary of the

Interior.

No comments were received on this

definition.

Service area means:

(1) Reservations;

(2) Areas adjacent or adjoining

reservations;

(3) Allotments outside the

reservations;

(4) Areas defined as reservations or

service areas by statute; and/or

(5) Other defined areas designated by

the Assistant Secretary—Indian Affairs

pursuant to this part.

Some commenters requested that this

definition be simplified. Other

commenters recommended that near

reservation and reservation be added to

the definition.

Response: These recommendations

were adopted. A new definition was

developed for service area and the

definitions for near reservation and

reservation were added.

Services to children, elderly and

families means social services,

including protective services, not

including money payments, provided

through the social work skills of

casework, group work or community

development to assist in solving social

problems involving children, elderly

and families.

One commenter requested the

retention of existing language at 25 CFR

20.24 (Family and Community

Services), and one commenter

recommended deletion of the word

‘‘elderly’’ in the title. Another

commenter stated that they wanted

clarification of what services will be

provided to the elderly population.

Response: These recommendations

were not adopted. The title, ‘‘Services to

Children, Elderly and Families’’ is used

in the budget justification and the title

was retained as it accurately describes

the program. The services to be

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63149

provided under this part are non-money

payment social services to children,

elderly, and families.

Special needs means a financial

assistance payment made to/or on

behalf of individuals who have

extenuating, non-medical circumstances

which warrant a one-time annual

financial assistance payment when

other resources are not available and the

circumstances are documented in the

case files.

Some commenters recommended the

deletion of ‘‘one-time annual financial

assistance payment’’ and requested

clarification whether this category of

assistance applied to both adults and

children.

Response: These recommendations

were adopted. The one-time annual

financial assistance payment limitation

was deleted to allow greater flexibility.

In addition, examples were provided to

clarify the types of services that are

considered to be special needs. Special

needs have historically been limited to

children’s special needs, and not adults.

Subsidized guardianship means a

payment of a monthly subsidy, not to

exceed 2 years, for the child in longterm, court approved guardianship

placements. The child must not be

eligible for any other federal or state

program and this must be documented

in the case file.

Some commenters requested deletion

of the 2-year limitation and requested an

additional reference to social services.

Response: This recommendation was

adopted. We are in agreement with the

recommendation and deleted the 2-year

limitation. The definition was revised

for simplification and was termed

‘‘guardianship’’ and a reference was

added for social services.

Substitute care means the provision of

foster care or any in-home, out-of-home,

or relative placement of the children by

someone other than a parent.

Some commenters stated this

definition was confusing because it

appeared to be interchangeable with the

foster care at § 20.509 which was

renumbered in the final rule as § 20.507.

Response: This recommendation was

adopted. This definition was deleted

because it was unnecessary.

Superintendent means the Bureau

official in charge of an agency office.

No comments were received on this

definition.

Supplemental Security Income (SSI)

means cash assistance provided under

Title XVI of the Social Security Act (49

Stat. 620), as amended.

Some commenters requested deletion

of ‘‘those programs of,’’ and replaced

with ‘‘cash.’’

Response: This recommendation was

adopted. This definition was revised to

provide clarity.

Temporary Assistance for Needy

Families (TANF) means one of the

programs of financial assistance

provided under the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996 (PRWORA).

No comments were received on this

definition.

Tribal governing body means the

federally recognized governing body of

an Indian tribe.

No comments were received on this

definition.

Tribal redesign plan means a tribally

designed method for changing general

assistance eligibility and/or payment

levels in accordance with appropriation

language so as to reduce dependence on

general assistance as specified in

§§ 20.203 through 20.211.

No comments were received on this

definition. This definition was revised

to accurately reflect that this authority

is codified and no longer limited to

appropriation language.

Tribal Work Experience Program

(TWEP) means a program operated by

tribal contract/grant or self-governance

annual funding agreement, which

provides eligible participants with work

experience and training that promotes

and preserves work habits and develops

work skills aimed toward selfsufficiency. The Bureau payment

standard is established by the Assistant

Secretary—Indian Affairs.

Some commenters recommended that

the TWEP definition include: gaining

special experience, training and

acquiring skills and knowledge

necessary to qualify, access and retain

employment.

Response: This recommendation was

not adopted. These goals and objectives

are already part of the ongoing General

Assistance/TWEP program.

Unemployable means a person who

meets the criteria specified in § 20.315.

Some commenters stated the

definition was ‘‘demeaning,’’ and others

recommended clarification. One

commenter suggested that this

definition be reworded to specify that

Unemployable means a person that is

exempted from the employment policy

at § 20.314.

Response: These recommendations

were not adopted. The definition

conveys the meaning and does not need

rewording.

Section 20.101 What Is the Purpose of

This Part?

Several commenters stated that other

Bureau program entities such as TWEP

and Adult Services should be added to

this section to better explain the types

of services available.

Response: This recommendation was

adopted. Financial assistance and social

services were added to this section and

described in terms of kinds of service.

Section 20.102 What Is the Bureau’s

Policy in Providing Financial Assistance

and Social Services Under This Part?

Some commenters stated that the

Bureau program descriptions should be

expanded to include employment and

educational activity and that it be

clarified that in some instances the

Bureau programs were supplementing

other agency programs on behalf of

certain individuals. Some other

commenters requested that the language

be expanded to clarify that in certain

states the Bureau programs are not

comparable to county or state services

and therefore should be of a primary

nature. One commenter recommended

adding a reference to self-sufficiency.

Response: These recommendations

were not adopted. The Bureau

regulations encompass financial

assistance and social services and

language that would address

employment and educational activity

would unjustly imply that the Bureau

was revising parts 26 and 27 and folding

them into part 20 and that is not the

case. The Bureau’s policy has always

been that the social services program is

secondary and is not to be used to

supplement or supplant other programs

and any language allowing the funds to

be used otherwise would endanger the

integrity of these funds and could lead

to misuse of these limited funds. In

response to the request for exemptions

where there are variations in public

assistance programs by county or state,

existing regulations in part 1 provide a

process for waiver if there is an unusual

situation which requires special

attention because applicants are being

deprived of services. Reference to selfsufficiency is not necessary in the

context of this section as references are

made in subsequent sections. The

Bureau renumbered (a) and (b) for

clarity.

Section 20.103 Have the Information

Collection Requirements in This Part

Been Approved by the Office of

Management and Budget?

No comments were received on this

section.

63150 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

Subpart B—Welfare Reform

Section 20.200 What Contact Will the

Bureau Maintain With State, Tribal,

County, Local, and Other Federal

Agency Programs?

Some commenters stated that the

Bureau should work closer with all

other public assistance service providers

to insure that there is no duplication

and that individual client’s needs are

being met without limiting services to

existing financial resources. One

commenter suggested that ‘‘will’’ be

deleted from the first sentence. Another

commenter recommended language

referencing tribes in the statement.

Response: These recommendations

were not adopted. The Bureau has been

and will continue to work with all

federal and state agencies responsible

for the provision of services to Indian

people. Additional language to

emphasize this point was not necessary.

Although it is ideal to have funding

available to meet all of the needs of

every applicant, in reality all programs

are limited by the funds they have and

must adhere to the specific criteria for

their own programs. The use of ‘‘will’’

in the first sentence effectively conveys

the intent of the Bureau and was not

deleted. The reference to ‘‘we’’ in the

statement above implies all providers of

services and remains in the regulations.

Secton 20.201 How Does the Bureau

Designate a Service Area and What

Information Is Required?

Some commenters stated that the

Bureau should ensure that all eligible

Indian members within the reservation,

near reservation or service area be

provided services and that language to

that effect should be placed in the

regulations and that tribes be sanctioned

if they do not comply. Another

commenter stated that limiting services

to only tribal members was necessary

for budgetary purposes. Some

commenters requested that time frames

be placed upon the Bureau to process

requests for designation as near

reservation or service area. Some

commenters asked that ‘‘Indian

community’’ be defined in more specific

terms. One commenter requested that

service area be defined as places where

tribal members reside with no specific

geographic area designated. Another

commenter stated that tribes should

have the flexibility to define their own

service area. One commenter stated that

they wanted service area to remain the

same unless tribal governments request

a change. Another commenter stated

that it was unreasonable to require

tribes to provide documentation for

evaluation when they submit their

request for service area designation.

Another commenter stated that this

section should be deleted and tribes

should be allowed to accomplish this by

tribal resolution. Another commenter

requested that the definition of

reservation which is in the current

regulations and which contains

reference to Alaska Native regions

established pursuant to the Alaska

Native Claims Settlement Act (85 Stat.

688) and Indian Allotments be retained.

Another commenter recommended that

‘‘can’’ in (b) be replaced with ‘‘will’’ to

make it mandatory. One commenter

stated that the language in (c)(2) which

was renumbered as (a)(2) in the final

rule was too vague in that comparable

services between California counties

and the Bureau programs is a point of

contention and needs to be resolved

before the regulations can be put in

final. Another commenter questioned

(d)(1) which was renumbered as (b)(l) in

the final rule as to whether

‘‘administratively feasible’’ applied to

the tribe or the Bureau. Another

commenter questioned the use of the

language that tribes had to document

that the proposed service area would

not include counties or parts thereof

that have reasonably available

comparable services. Another

commenter requested clarification

whether tribes having reservations and

near reservation designations would be

required to obtain a service area

designation.

Response: These recommendations

were partially adopted. The Bureau

added language to ensure that all

eligible Indian members within the

reservation, near reservation or service

area receive services. Time frames were

not necessary for processing these

requests as the number of requests for

designation are very limited and will

not require significant staff time. The

term ‘‘Indian community’’ was deleted

because it is unnecessary as a

requirement for designation. Service

area cannot be defined as any place

where a tribal member resides in the

United States or by any means that a

tribe chooses because operation of the

program would not be administratively

or financially feasible if this language

was accepted. Service areas do not

change unless and until a tribe requests

the change and documentation must be

provided to give the Bureau sufficient

facts to approve the request. This

section was not deleted because this

designation is a significant action with

budgetary and policy ramifications. The

Bureau added the definition for

reservation which includes reference to

the Alaska Native Claims Settlement Act

(85 Stat. 688) and Indian Allotments. In

addition, the definition for near

reservation was added. The language

stating that the Assistant Secretary can

designate or modify service areas for a

tribe in (b) was retained in the final rule

as this conveys the intent of this section.

The Bureau retained the language of

reasonably available comparable

services in (c)(2) and this subsection

was renumbered as (a)(2) in the final

rule to avoid duplication of services.

The requirement of documentation for

evaluation to support the service area

designation as being ‘‘administratively

feasible’’ was retained. The tribe

requesting the designation is

responsible for making sure the

proposed area can be served within

available funding constraints. Those

tribes with reservations and near

reservations as existing service areas are

not required to request designation

unless they request a modified

geographic location as a service area.

Section 20.202 What Does Financial

Assistance Include?

Some commenters requested that

financial assistance be included in

§ 20.100 as a definition.

Response: This recommendation was

accepted and the definition for financial

assistance was added in § 20.100 and

this section was deleted.

Section 20.203 What Is a Tribal

Redesign Plan?

Some commenters asked why the

Bureau was implementing the redesign

at this time and asked what authority

did the Bureau have to allow changes in

general assistance eligibility criteria and

payment levels. One commenter

requested that the section include

language giving approval for the

redesign of child assistance. This

commenter also requested language to

the effect that redesigned programs may

be expanded if appropriation language

in the future expands the number of

programs that could be redesigned. One

commenter stated that redesign plans in

Oklahoma would require additional

funds. Another commenter requested

further clarification of this section.

Another commenter stated that tribes

already have authority to redesign the

general assistance program.

Response: These recommendations

were not adopted. Congress specifically

gave tribes the authority to redesign

general assistance. No similar specific

authority currently exists for tribes to

redesign additional programs; therefore,

no additional language was added to

include child assistance. The language

stating that the redesign will not result

in additional expenses for the Bureau if

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63151

additional expenses are solely the result

of increased payment levels is statutory.

This section provides clarity as to the

intent of the Bureau.

Section 20.204 Can a Tribe

Incorporate Assistance From Other

Sources Into a Tribal Redesign Plan?

One commenter stated that the Bureau

should add language to the effect that all

welfare assistance programs should be

allowed to be included with a Pub. L.

102–477 grant, a Public Law 103–413

self-governance annual funding

agreement, or a tribal redesign plan.

Another commenter stated that tribes

needed flexibility to use these funds to

meet members’ needs according to how

the tribes identified these needs.

Another commenter stated that this

section should be rewritten to better

describe the redesign in relation to Pub.

L. 102–477. Another commenter asked if

TANF could be included as a part of the

tribal redesign plan.

Response: These recommendations

were partially adopted. The Bureau does

not have the authority to include all of

the welfare assistance programs in a

redesign. Adequate flexibility is

available for tribes to redesign their

programs. Tribal redesign and Pub. L.

102–477 are separate tools for tribes to

use while exercising self-determination.

The section was rewritten to better

convey the concept of funding from

other sources.

Section 20.205 Must All Tribes Submit

a Tribal Redesign Plan?

One commenter stated that the table

of contents mistakenly worded this

section by using the word ‘‘develop’’

instead of ‘‘submit.’’

Response: This recommendation was

adopted. The Table of Contents will be

corrected to read ‘‘submit’’ rather than

‘‘develop.’’

Section 20.206 Can Tribes Change

Eligibility Criteria or Levels of Payments

for General Assistance?

Some commenters requested

clarification in terms of who is to

provide technical assistance and what

level of funding would be used for the

redesign plans. Another commenter

wanted it clarified that tribes are not

required to do a redesign if they did not

want to pursue it. One commenter

requested clarification as to how this

section might affect Oklahoma. One

commenter requested inclusion of child

and adult assistance in this section. One

commenter suggested deletion of (d) as

it was redundant.

Response: These recommendations

were partially adopted. The Bureau or

Office of Self-Governance will provide

technical assistance on redesigned

plans. The existing language is

sufficient to convey that the redesign is

not mandatory. It is unknown how this

section might affect the State of

Oklahoma, because tribes propose

redesign plans and it is unknown

whether any tribes in Oklahoma will

attempt redesign plans. In answer to the

comment made about the funding level

to be used, the Bureau will add language

that the funding for the program will be

the same funding received in the most

recent fiscal or calendar year, whichever

applies.

Section 20.207 Must a Tribe Get

Approval for a Tribal Redesign Plan?

Some commenters pointed out that

existing procedures are in effect

whereby self-governance tribes

routinely obtain approval for their

annual funding agreements through the

Office of Self-Governance and changing

this process for redesign plans would be

disruptive and counterproductive and

that this language requiring approval by

the Regional Director should be deleted.

One commenter recommended that

criteria be added specifying what is

needed to obtain approval.

Response: These recommendations

were partially adopted. The Bureau did

not delete this section but added

language that clarifies who will approve

the tribal redesign plan. The Office of

Self-Governance will continue to be the

point of contact for self-governance

tribes. The Bureau plans to develop a

technical assistance package that will

assist tribes in formulating redesign

plans; however, technical assistance

documentation will not be codified in

regulation.

Section 20.208 Can a Tribe Use

Savings From a Tribal Redesign Plan To

Meet Other Priorities of the Tribe?

One commenter questioned how a

general assistance program could

remain a need-based program if there

were savings which could be used for

other priorities. Another commenter

requested the Bureau to explain the

different types of TPA funding in this

section. Another commenter stated that

an equitable level of funding should be

established before the start-up of the

redesign plan.

Response: These recommendations

were not adopted. The regulation and

statutory language give tribes the ability

to use cost savings for other priorities

only in the case of the general assistance

redesign. A discussion of the TPA and

the Bureau’s budget process is not

appropriate for this regulation. The level

of funding for the start-up of the

redesign has been added in § 20.205.

Section 20.209 What If the Tribal

Redesign Plan Leads to Increased Costs?

One commenter stated that with a

redesigned program there may be

increased costs and if that were the case,

the Bureau should assume the

additional costs.

Response: This recommendation was

not adopted. The Bureau is prohibited

from assuming additional costs resulting

solely from increased payment levels.

Section 20.210 Can a Tribe Operating

Under a Tribal Redesign Plan Go Back

to Operating Under This Part?

No comments were received on this

section. This section was renumbered as

§ 20.209 in the final rule.

Section 20.211 Can Eligibility Criteria

or Payments for Burial Assistance, Child

Assistance, and Disaster Assistance

Change?

Some commenters requested an

explanation as to why the general

assistance program was the only

program eligible for redesign. One

commenter asked if their tribe could

redesign their program eligibility

criteria so as to exclude those members

who are less than one-quarter blood

quantum. Some commenters stated that

under part 900 they already had

authority to redesign programs. One

commenter suggested that the section be

deleted. Another commenter stated that

tribes financially support, with their

own funds, similar programs to the

Bureau’s welfare assistance programs

and requested clarification as to

whether they could supplement their

programs with the Bureau funds.

Response: These recommendations

were not adopted. The Bureau has no

Congressional authority or statute to

allow programs including child

assistance, disaster assistance,

emergency assistance, and burial

assistance to be redesigned. The tribes

do have the flexibility to restrict

services to certain populations of clients

in the general assistance program if they

choose to do so through a redesign plan

and follow § 20.206. This section was

retained because language is needed to

clarify how tribes may operate their

programs under the redesign process.

The Bureau cannot supplement tribal

programs which are similar in nature

because this is a duplication and Bureau

funds are a limited resource.

Subpart C—Direct Assistance

Section 20.300 What Are the Basic

Eligibility Criteria?

Several commenters stated that (a) of

this section is not consistent with

§ 20.100, definition of an Indian, and

63152 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

both need to be changed to include

‘‘enrolled’’ and ‘‘federally recognized

Indians of the United States.’’ Other

commenters stated that (a) would result

in an increase in cases in Oklahoma

because the existing regulations

required one-fourth or more blood

quantum in addition to being a member

in the States of Alaska and Oklahoma.

One commenter stated that the basic

eligibility criteria contained in (b) of

this section means that children and

elderly needing protection, and families

faced with emergencies must meet

income requirements.

Response: These recommendations

were not adopted. The Bureau does not

agree that (a) is inconsistent with the

definition of Indian. The tribes

determine eligibility for enrollment and

membership in their respective tribes

and the tribes listed in the Federal

Register, pursuant to 25 CFR part 83, are

recognized as eligible to receive services

from the Bureau. Because tribal

membership is the responsibility of the

tribe, the Bureau is unable to determine

the effect upon caseloads in Alaska and

Oklahoma. Applicants are required to

meet all the basic eligibility criteria of

§ 20.300 including (b) to receive

services.

Section 20.301 What Is the Goal of

General Assistance?

One commenter questioned how the

Bureau general assistance goals and

objectives compared to those of the

National PRWORA. They asked if the

Bureau supported the goals of reducing

out of wedlock pregnancies and

increasing collection of child support

payments. One commenter requested

deletion of ‘‘meeting the goal of

employment.’’ One commenter stated

that elder assistance should be available

nationwide not just in a selective Region

and stated that existing services should

not be dropped.

Response: These recommendations

were partially adopted. The Bureau did

not delete the statement about selfsufficiency from the regulations as it is

a goal of the General Assistance Program

to increase self-sufficiency. TANF goals

and objectives are similar to general

assistance but not identical. It is the

social services worker’s responsibility

and the individual’s right to develop a

Self-Sufficiency Plan which maintains

the individual’s and program’s integrity.

The Bureau agreed with the comments

about the need for adult services and

established an Adult Care Program

under §§ 20.331 through 20.335.

Section 20.302 Are Indian Applicants

Required To Seek Assistance Through

TANF?

Several commenters stated that all

Indian applicants with dependent

children are required to apply for TANF

because general assistance is a

secondary source. One commenter

stated that applicants whose TANF

benefits have been reduced due to

TANF sanctions may not be eligible to

receive general assistance as tribally

determined. Another commenter stated

these regulations require individuals to

follow TANF regulations, and requested

deletion of ‘‘and follow TANF

regulations.’’

Response: These recommendations

were not adopted. The Bureau agreed

with the comments that state that all

applicants with dependent children are

required to apply for TANF as general

assistance is a secondary source. The

Bureau agrees with the statement that

applicants whose TANF benefits have

been reduced due to TANF sanctions

may not be eligible to receive general

assistance even though the tribe is

operating a tribal General Assistance

program in a Public Law 102–477 grant.

The Bureau did not agree with the

comment that these regulations cannot

force individuals to comply with TANF

regulations or the recommendation to

delete the requirement to follow TANF

regulations. The Bureau was not

attempting to regulate TANF. General

Assistance is a secondary program;

therefore, the applicants must apply and

follow the regulations of the primary

resource of cash benefits which is

TANF.

Section 20.303 When Is an Applicant

Eligible for General Assistance?

Two commenters stated that in (d) of

this section which was renumbered as

(c) in the final rule, the statement ‘‘Not

receive TANF’’ should be changed to

state ‘‘If not directly receiving TANF

Cash Aid’’ and the word ‘‘entitlement’’

be changed to ‘‘cash assistance’’ because

it is not the intent of the General

Assistance regulations to prohibit a

recipient from receiving general

assistance while they are receiving other

non-cash forms of assistance such as

food stamps, surplus commodities, etc.

One commenter stated that the ISP/

Employment strategy development for

each recipient is burdensome for tribes,

who receive very little administrative

money to administer general assistance

and requested section (e) which was

renumbered as (d) in the final rule be

changed to read ‘‘whenever possible.’’

Response: These recommendations

were partially adopted. The Bureau

revised (c) to include language referring

to any comparable public assistance to

avoid duplication of service. The

Bureau did not agree with the

recommendation to change section (e)

which was renumbered as (d) in the

final rule to read ‘‘whenever possible’’

because ISP/employment strategy is

necessary for applicants to become selfsufficient.

Section 20.304 When Will the Bureau

Review Eligibility for General

Assistance?

One commenter stated time limits are

not feasible in Alaska.

Response: This recommendation was

not adopted. The Bureau did not agree

with the statement about time limits in

Alaska. At the time of interviewing the

applicant and developing the ISP, the

social services worker and applicant

agree on a plan which documents when

eligibility will be redetermined.

Section 20.305 What Does

Redetermination Involve?

Some commenters stated that home

visits should not be included in

redetermining program eligibility. One

commenter stated that ISP’s were not

included in this section.

Response: These recommendations

were partially adopted. The Bureau did

not agree that home visits should be

deleted from this section. The Bureau

agreed to add ISP.

Section 20.306 What Is the Payment

Standard for General Assistance?

One commenter asked how the

Bureau was going to deal with states

that pay $100 in TANF funds and

recommended provisions to supplement

amounts in states having low payment

levels for TANF.

Response: This recommendation was

not adopted. The Bureau must follow

Public Law 104–193 for determining

levels of payment; however, the tribe

has the option of contracting the TANF

Program and/or redesigning the

eligibility and payment levels of the

General Assistance Program.

Section 20.307 What Resources Does

the Bureau Consider When Determining

Need?

No comments were received on this

section.

Section 20.308 What Does Earned

Income Include?

Two commenters stated they would

like to have art work, crafts and beading

struck from (a) of this section if the

applicant/recipient performs the work

as a hobby, but the language should

remain for professionals.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63153

Response: This recommendation was

adopted. If applicant/recipient are

professionals, these activities should be

considered as earned income for

individuals who are self-employed. The

Bureau agreed that if the applicant/

recipient performs this as a hobby it

should be eliminated from

consideration as earned income.

Section 20.309 What Does Unearned

Income Include?

One commenter stated that ‘‘or 25

percent of the state standard, whichever

is less’’ be deleted. One commenter

stated that (c) be deleted in its entirety.

One commenter questioned how shelter

could be provided as in-kind income.

One commenter stated that workman

compensation settlement payments

should be considered as income. One

commenter stated that trust dollars

should not be included.

Response: These recommendations

were not adopted. The Bureau retained

the language in (c) and (e) as these

subsections convey the policy of the

Bureau which is to include all available

items as unearned income. All agencies

providing public assistance must

consider all sources of income unless

there is a specific federal disregard.

Income generated from trust land was

also retained because it is not included

as a federal disregard. Workman

compensation would be considered as a

resource as defined in § 20.100 rather

than unearned income.

Section 20.310 What Recurring Income

Must Be Prorated?

No comments were received on this

section.

Section 20.311 What Deducted

Amounts Will Be Disregarded From the

Gross Amount of Earned Income?

One commenter stated that there are

instances where general assistance

recipients may receive income tax

refunds. The commenter stated that

language should be added to insure that

income tax refunds are counted as

income rather than disregarded.

Response: This recommendation was

not adopted. Federal and state tax

refunds are considered as a resource.

This section was revised to clarify that

child care costs are deducted for

children under the age of 6.

Section 20.312 What Amounts Will Be

Disregarded From Income or Other

Resources?

One commenter asked if the $2,000

cited in subsection (a) is the statutory

disregard of trust resources or an

increase of the $1,000 disregard

currently in 25 CFR 20.21(g)(2)(i). This

commenter stated that this section is

unclear and may reduce eligibility

requirements making additional

individuals eligible for the program.

Another commenter requested a list of

federal disregards be published in the

regulations. One commenter requested

that this disregard also apply to

children. Another commenter requested

addition of (d) to clarify that vehicles

are a disregarded resource.

Response: These recommendations

were not adopted. The $2,000 disregard

was an increase over the existing $1,000

disregard and does not financially

impact the program. A list of federal

disregards was not listed in the

regulations as these change periodically.

The disregard does apply to children as

well as adults. The Bureau’s program

has never included vehicles nor has the

issue arisen in the past; therefore, there

was no need to clarify this as a resource.

Section 20.313 How Will the Bureau

Compute Financial Assistance

Payments?

Some commenters requested

clarification as to how the Bureau will

compute financial assistance payments.

Another commenter stated General

Assistance grants should be prorated

from the date of application. Another

commenter stated language needs to be

developed for tribal redesign plans.

Another commenter stated that the

procedure in (b) for prorating shelter

costs when two households reside in the

same shelter is unclear and may reduce

eligibility requirements and thus make

additional individuals eligible for the

program.

Response: These recommendations

were not adopted. The process for

computing financial assistance

payments and prorating is clearly

explained. For tribes using tribal

redesign plans, the same proration

described here must be used to

determine the amount of approved

payments.

Section 20.314 What Is the Policy on

Employment?

One commenter stated that for a

period of 60 days but not more than 90

days be changed to ‘‘for a period of at

least 30 days’’ because the sanction was

too severe. Another commenter asked if

job search will be eliminated once an

ISP is established and agreed upon by

the social services worker and recipient.

Response: These recommendations

were not adopted. The length of

sanction remains 60–90 days as this was

considered to be equitable. The number

of job search contacts depends upon

what was documented in the ISP.

Section 20.315 When Is the

Employment Policy Not Applicable?

One commenter requested more

descriptive information in (c) to fully

describe the example. Another

commenter suggested changing (c) to the

recipient must make satisfactory

progress in an ISP that leads to

employment and add language that

states that continued eligibility for the

program is also based on satisfactory

progress. Another commenter

recommended deleting language in (c)

that states that ‘‘he/she was an active

general assistance recipient.’’ Another

commenter suggested in (g) changing

the age to 5 and under if they do not

attend school/head start. Another

commenter asked if educational

opportunity was limited to those under

19 and to those that have been active

general assistance recipients. Another

asked for an explanation of section 5404

of Public Law 100–297. Another

commenter suggested deletion of (h) and

eliminating the minimum commuting

time of one hour each way and

replacing it with reasonable travel time.

Another commenter recommended

adding language stating the employment

policy would not apply for a person for

whom employment is not accessible in

a commuting time that is reasonable and

comparable with others in similar

circumstances.

Response: These recommendations

were not adopted. Examples were not

needed as the language clearly describes

all of the exceptions. Public Law 100–

297 cannot be fully explained in these

regulations just as other pertinent public

laws referenced cannot be fully

explained. The temporary medical

injury which exceeds 3 months was

clarified in terms of eligibility and

referral. The commuting time was not

changed as it is reasonable.

Section 20.316 What Must a Person

Covered by the Employment Policy Do?

One commenter suggested the

following change: ‘‘If you are covered by

the employment policy in § 20.314, you

must seek employment in accordance

with your ISP.’’ This will make § 20.316

consistent with § 20.319.

Response: This recommendation was

not adopted. The language in § 20.316 is

consistent with existing policy in

§ 20.319 which requires a general

assistance recipient to actively seek

employment and provide the social

services worker with evidence of job

search activities.

Section 20.317 How Will the

Ineligibility Period Be Implemented?

One commenter asked how the

ineligibility period would be

63154 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

implemented and requested additional

language as an explanation.

Response: This recommendation was

not adopted. This section clearly

describes how the ineligibility period is

to be implemented by describing why

the ineligibility will continue, how the

suspension can be reduced, and who is

affected by the suspension.

Section 20.318 What Case

Management Responsibilities Does the

Social Services Worker Have?

One commenter stated social services

workers should not have to supervise

recipients because of lack of funds and

staff and that case managers should help

recipients get the services needed to

meet their goals in their ISP. Another

commenter recommended that social

services worker be changed to a family

advocate.

Response: These recommendations

were partially adopted. Social services

workers do have responsibility for

assisting recipients to meet their goals

in their ISP’s and monitoring work

related activities. The funding or lack of

funding cannot be dealt within the

regulations. The term ‘‘social services

worker’’ was retained.

Section 20.319 What Responsibilities

Does the General Assistance Recipient

Have?

One commenter stated that the

language ‘‘Performs successfully’’ needs

to be explained in (b) and (c) and

substitute words like ‘‘satisfactory

progress.’’ Another commenter

questioned why a recipient must be in

treatment and counseling.

Response: These recommendations

were not adopted. The Bureau retained

the existing language as it describes

participation in a positive context and

success or lack of success is evaluated

by each social services worker on a case

by case basis. Participation in treatment

and counseling services are appropriate

for some recipients needing these types

of services. The policy of the Bureau

arranging supportive services and

requiring recipient participation is

consistent with other social services

programs operating at the state and

county levels.

Section 20.320 What Is TWEP?

No comments were received on this

section.

Section 20.321 Does TWEP Allow an

Incentive Payment?

One commenter requested that the

payment standards be tribally

determined. Another commenter asked

whether TWEP was considered an

incentive payment.

Response: These recommendations

were not adopted. The payment

standard will be determined by the

Bureau as this is a budgetary concern.

TWEP payments are considered to be

incentives.

Section 20.322 Who Is Eligible To

Receive a TWEP Incentive Payment?

One commenter recommended

deletion of the following language ‘‘in

situations where the participation is

mandatory.’’ Another commenter

suggested the following change: ‘‘Where

there are multiple family units in one

household’’ to ‘‘Where there are more

than one household in a dwelling.’’

Response: These recommendations

were not adopted. Since tribes do have

the option of making TWEP mandatory,

the language was retained. The existing

language regarding family units was

retained as it accurately conveys the

intent of the section which is where

there are multiple family units in one

household, one member of each family

unit will be eligible to receive the TWEP

incentive payment.

Section 20.323 Will the Local TWEP Be

Required To Have Written Program

Procedures?

One commenter suggested inclusion

of language that states local TWEP must

have specific written program

procedures that cover progress.

Response: This recommendation was

not adopted. Progress is documented in

the ISP for TWEP participants.

Section 20.324 When Can the Bureau

Provide Burial Assistance?

No comments were received on this

section.

Section 20.325 What Is the Process for

Making Application for Burial

Assistance for Eligible Indians?

One commenter suggested changing

SSI to SSA lump sum death benefits.

Another commenter stated that the

standard of payments for burials is

currently $1,300 and is not enough to

take care of a proper burial and

updating these standards should be

considered. Another commenter stated,

‘‘A tribal cultural wake in accordance to

the tribe’s culture’’ should be added.

Another suggested that a payment

standard should be recommended by

the Regional Director or Central Office.

Another commenter recommended

changing the language to state that

requests and applications for Burial

Assistance must be submitted within 30

days after the issuance of a Death

Certificate rather than following death.

Response: These recommendations

were not adopted. Social Security lump

sums are considered as a resource and

additional language was not needed.

Payment rates which include cultural

wakes will be reviewed periodically and

raised if warranted. The Bureau retained

existing language that applications need

to be submitted within 30 days

following death. The Assistant Secretary

will establish the standard payment

referred to in this section within 60 days

after this rule is published in final.

Section 20.326 When Are the Related

Transportation Expenses Covered by

Burial Assistance?

One commenter stated that it should

be up to the tribe to determine when

transportation expenses could be paid

particularly in those instances when the

individual is gone for more than 6

months. Another commenter stated that

they were opposed to this section

because they had tribal members who

have resided outside of the service area

for a period of time exceeding 6

consecutive months and this regulation

prohibits them from helping these

members with burial assistance.

Response: These recommendations

were not adopted. The Bureau has

limited eligibility to eligible members

who resided in the service area for at

least the last 6 consecutive months of

his/her life because of budgetary

concerns.

Section 20.327 When Can the Bureau

Provide Disaster Assistance?

One commenter suggested tribal

resolutions should be used to request

disaster assistance. Another commenter

recommended deletion of ‘‘provided’’

and insertion of the word ‘‘available.’’

Response: These recommendations

were not adopted. The language was

adequate in stating that disaster

assistance can be provided in absence of

FEMA and Red Cross.

Section 20.328 How Can a Tribe Apply

for Disaster Assistance?

One commenter stated that a tribal

resolution requesting disaster assistance

should be adequate rather than a

Presidential declaration. Another

commenter stated that there should be

a time limit for response by the Bureau

and that (b) should be deleted. One

commenter suggested the tribal requests

go directly to the Assistant Secretary for

a final decision.

Response: These recommendations

were not adopted. The Bureau does not

agree that only a tribal resolution should

be required, and retained the entire

section because the reporting

requirements must be met in order to

avoid duplication of services and to

obtain projections of total need for

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63155

services. The request for disaster

assistance must be processed by the

local Bureau office to insure that all

necessary documentation is included.

Section 20.329 When Can the Bureau

Provide Emergency Assistance

Payments?

One commenter suggested language

establishing a disaster contingency

fund.

Response: This recommendation was

not adopted. It is unnecessary to set up

such a fund given the limited need for

these funds.

Section 20.330 What Is the Payment

Standard for Emergency Assistance?

One commenter recommended raising

the rates and another stated that this

section should only apply to tribes that

have their own standards/guidelines for

emergency assistance. Another

commenter recommended that this

section be deleted.

Response: These recommendations

were not adopted. The Assistant

Secretary will establish the payment

standard referred to in this section

within 60 days after this rule is

published in final.

Subpart D—Services to Children,

Elderly, and Families

Section 20.400 For Whom Should

Services to Children, Elderly, and

Families Be Provided?

One commenter requested

clarification as to the meaning of

services to children, elderly and

families.

Response: This recommendation was

not adopted. The term replaces the

category formerly called, ‘‘Family and

Community Services’’ which is the nonpayment category of services. It was

revised in the budget justification at the

request of budget analysts because it

provides a better description of

recipients for whom services are

provided.

Section 20.401 What Services Are

Included Under Services to Children,

Elderly and Families?

One commenter stated that adult care

service should be included in this

section. Another commenter suggested

that chore services should be included

in this section. Other commenters

recommended that additional funds be

distributed to tribes as the work

described in this section required more

personnel. Another commenter stated

that coordination with law enforcement

and the courts could not be completed

before removal of individuals needing

protective services. Some commenters

stated that there was confusion as the

word ‘‘elderly’’ was used in the section

title but within the body of the section

‘‘adult’’ was used consistently. One

commenter stated that language should

be added to explain that referrals could

be made for adults in addition to

children. Another commenter stated

that language in (b)(4)(ii) which was

renumbered as § 20.403(d)(2) was

troublesome, specifically the language,

‘‘treatment of the identified conditions

that are within the competence of social

services.’’ Another commenter made a

comparison of this section with the

Bureau’s current regulation in § 20.24

and stated that in his/her opinion the

following services which are included

in § 20.24 would be unavailable:

Services to responsible family members

or guardians to seek appropriate court

protections for the child or adult;

investigation and reporting of adult

abuse and neglect and of delinquency

and runaways; and provisions of

services by court order for marriage and

divorce counseling, child custody,

probation, foster care and supervision of

children and adults in the home.

Another commenter suggested that

protective services be explained in more

detail.

Response: These recommendations

were partially adopted. Adult care

assistance was added in subpart C

§ 20.331–20.335 and explained as a

service. Chore service was not added as

homemaker adequately describes the

service to be provided. Additional

funding for social service administration

funding was not addressed in the

regulations as the budget process is a

separate issue from programmatic

rulemaking. In response to the comment

that in certain instances law

enforcement and courts cannot be

involved before removal for protective

services, the Bureau made an adequate

exception in terms of life threatening

situations. The Bureau included a

definition for ‘‘adult’’ which should

clarify who is to be served. The Bureau

made a change by adding § 20.403 to

make sure that elderly are included in

referrals for homemaker services. The

Bureau did not change (b)(4)(ii) as it

accurately conveys that social service

workers will limit services to the

profession of social work. The Bureau

did not add those sections referenced

above in § 20.24 as these are services

that a tribe may choose to provide on its

own initiative but they are not required

by regulation. The Bureau added

separate sections §§ 20.402 and 20.403

which explained when protective

services are provided and clarified what

types of services are provided. The

Bureau added § 20.404 to provide

further explanation to the term ‘‘social

services assessment’’ which was used in

§ 20.403.

Subpart E—Child Assistance

Section 20.500 What Are the Eligibility

Criteria for Child Assistance?

One commenter stated that this

section was not consistent with the

Indian Child Welfare Act. Another

commenter stated that the eligibility

criteria should be deleted. Another

commenter asked the question if tribes

receive Title IV–E funding for foster care

will their current Bureau funding for

foster care be reduced. One commenter

questioned why a documented family

assessment was required in (a) which

was renumbered as (b)(3) in the final

rule. Another commenter stated that

special needs in (a) which was

renumbered as (b)(2) in the final rule

should be defined. Another commenter

requested clarification that courts do not

make requests but instead issue orders.

Another commenter requested an

explanation of (d) which was

renumbered as (f) in the final rule in

terms of what is the meaning of all

income accruing to children. Another

commenter asked if relative care givers

under (d) which was renumbered as (c)

in the final rule would have to apply to

state TANF and be denied payments or

other assistance. Another commenter

asked for language to allow general

assistance to supplement TANF. Some

commenters stated that in (e) where the

word ‘‘must’’ was used that it should be

replaced by the word ‘‘will’’ and

another commenter stated that (e)

should be deleted. One commenter

stated that some of the services in

subpart E are duplicated in subpart D

and should be consolidated in subpart

D. Another commenter noted a

typographic error because ‘‘and’’ was

not inserted after (a), (b) and (d). One

commenter recommended that the

residential care rate be computed the

same way as the foster care rate.

Response: These recommendations

were partially adopted. This regulation

did not address the Indian Child

Welfare Act as that is addressed in part

23. Eligibility criteria were not deleted

as criteria are needed to determine

eligibility. In response to the question as

to whether child assistance funding

would be decreased if tribes received

Title IV–E funding for foster care, the

Bureau continues to operate the

program as a need-based program. A

documented family assessment is

required so that the social services

worker can make the best decision

possible for eligibility and placement.

‘‘Special needs’’ was defined in

63156 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.100. There is no confusion in (a)

that courts issue orders rather than

make requests. The Bureau deleted (c),

(d) and (e) and renumbered (f) to (c) for

the purpose of clarity. The Bureau

services described in subparts D and E

remain where they are located because

they are differentiated by payment or

non-payment services. The typographic

errors were corrected. The residential

care rate was modified to be consistent

with the foster care rate.

Section 20.501 What Are the Rates of

Payment for Foster Care?

One commenter questioned why the

Bureau used Title IV of the Social

Security Act as the payment rate for

foster care and did not either set a

Bureau rate or allow tribes to set their

own rate.

Response: This recommendation was

not adopted. The Bureau has used this

rate for many years and has found that

it is the most appropriate rate to use for

this service. This section was renamed

and rewritten in the final rule in the

form of a table for clarification

purposes.

Section 20.502 Can Child Assistance

Funds Be Used for Placement of Indian

Children in Treatment Centers?

One commenter stated that the

requirement of a written agreement to be

approved by the Regional Director,

should be changed to the local Bureau

official for approval. Another

commenter requested clarification that

this service was out of the home.

Another commenter requested deletion

of the requirement that placements had

to be in facilities licensed by the tribe

or state. Another commenter requested

deletion of the requirement that a

written agreement be signed between

the various funding sources to identify

the services each will pay before the

actual placement. Another commenter

requested that child assistance be used

for other services other than room and

board.

Response: These recommendations

were partially adopted. The approval by

the Regional Director was changed to

the Bureau line officer. The service

provided in a treatment center is clearly

a service that cannot be provided in the

home. Treatment Center was revised to

read residential care facilities in the

final rule. Placements in licensed

facilities insures a minimum level of

service and was retained. Use of a

written agreement specifying who is

paying for specific services was retained

as it is necessary to have a specific

budget to work with because funds are

limited. The Bureau retained the

language that specifies use of funds for

only room and board as the Bureau has

limited funds and other agencies having

primary service responsibility should be

involved in payment for services.

Section 20.503 Can Child Assistance

Funds Be Used for Indian Adoption

Subsidies or Subsidized Guardianships?

One commenter suggested that the 2-

year limit for adoption and

guardianship subsidies should be

eliminated and that the Regional

Director approval be changed.

Response: This recommendation was

adopted. The Bureau eliminated the 2-

year limitation and changed the

approval to the Bureau line officer. The

redetermination for eligibility was

clarified as being conducted on a yearly

basis.

Section 20.504 What Eligibility

Requirements Must Be Met for an Indian

Adoption Subsidy or Subsidized

Guardianship?

One commenter requested

explanation as to why children must be

under the age 18 to be eligible for

adoption subsidy or subsidized

guardianship. Another commenter

questioned the eligibility requirement

for children to have been in foster care

previously to be eligible for adoption

subsidy or subsidized guardianship.

Another commenter stated that this

section prevented placement of children

on temporary basis without permanency

planning. Another commenter asked

what the special circumstances were in

(a). This section was combined with

§ 20.503 in the final rule.

Response: These recommendations

were not adopted. The requirement to

be under the age of 18 (with regard to

special circumstances as defined by

tribal standards) and to have been in

foster care previously to be eligible for

adoption subsidy or subsidized

guardianship was included to focus

upon long-term cases which have the

highest priority. The language in this

section facilitates temporary placement

if there is a need for this service. The

tribes have flexibility to interpret

special circumstances.

Section 20.505 What Is the Payment

Standard for Adoption and

Guardianship?

Some commenters stated that the

payment standard should be decided by

the tribes operating the programs. This

section was combined with § 20.501 in

the final rule.

Response: This recommendation was

not adopted. The Bureau needs to

establish the rate as this is a budgetary

concern. The Assistant Secretary will

establish the payment standard referred

to in this section within 60 days after

this rule is published in final.

Section 20.506 Can Homemaker

Services Be Provided With Child

Assistance?

One commenter stated that

homemaker services should stay short

term not to exceed 3 months. Another

commenter requested that it not be

limited to 3 months but language should

be added to state it would be reviewed

every 6 months. This section was

renumbered as § 20.504 in the final rule.

Response: These recommendations

were not adopted. Limiting services to

3 months accurately conveys the intent

of this service which is to keep it short

term.

Section 20.507 What Services Are

Provided Jointly With the Child

Assistance Program?

One commenter requested that a

written agreement signed among the

various funding sources should be

deleted. Another commenter requested

that (b) protective services be explained

in more detail. This section was

renumbered as § 20.505 in the final rule.

Response: These recommendations

were not adopted. The requirement for

a written agreement was retained as this

is an important planning and budgetary

requirement which will clarify

responsibilities before placement.

Protective services were described in

§ 20.401 which was renumbered as

§§ 20.402 and 20.403 and it was

unnecessary to repeat them in this

section.

Section 20.508 What Information Is

Required in the Foster Care Case File?

One commenter suggested that this

section be deleted as it was

unnecessary. One commenter suggested

the addition of language at the end of (d)

if available and at the end (h) if

applicable after Medicaid. Another

commenter suggested a rewrite of the

section because (e) which references a

payment plan with parental agreement

may not be applicable where parents do

not agree to contribute financial

support. This section was renumbered

as § 20.506 in the final rule.

Response: These recommendations

were not adopted because the

information requirements are critical for

a successful foster care placement and

specifying them in regulations ensures

that the dates will be provided. Even if

a parent does not agree to contribute

financial support, there should be a plan

which involves their participation as

they are not relieved of responsibility.

The parents’ cooperation is needed

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63157

particularly if reunification is the

ultimate goal.

Section 20.509 What Are The

Requirements For Foster Care?

One commenter asked if the intent of

this section was to require social

services workers to enforce child

support collection. Another commenter

asked whether homemaker services

could be used for handicapped children.

Another commenter pointed out that in

many instances there was a poor

relationship between tribes and state

courts. One commenter stated that

background checks conducted on foster

home providers were not legal. One

commenter stated that (a) implied that

the court had a role in selecting the

placement rather than social services

and recommended language deleting the

reference to courts. Another commenter

questioned the use of state standards of

payment for necessary care in (e) and

recommended establishing the rates at

the local level. Another commenter

suggested a problem in (f) in gaining

parental agreement and recommended

addition of the phrase ‘‘when possible.’’

This section was renumbered as

§ 20.507 in the final rule.

Response: These recommendations

were not adopted. The Bureau is not

requiring social services workers to

pursue child support enforcement;

however, they are required to cooperate

with other service delivery systems that

have responsibility for enforcement of

child support. Section 20.501 describes

use of homemaker services for children

which could include handicapped

children but it is only short term in

nature. Working relationships between

tribes and states is not a subject that can

be addressed in regulations. The Bureau

retained the requirement of background

checks as this is in compliance with

part 63 and Public Law 101–630.

Section 20.510 How Is the Court

Involved in Foster Care Placements?

One commenter stated that there was

an inconsistency because § 20.508(i)

stated that a court needed to be involved

if a placement goes beyond 30 days and

therefore the language in § 20.510

needed rewording because there were

instances where the court may not be

involved. This section was renumbered

§ 20.508(i) in the final rule.

Response: This recommendation was

not adopted. The Bureau language did

not need to be changed to clarify the

intent because § 20.508(i) gives

flexibility in those instances where a

court may not be involved by stating the

placement will be in accordance with

tribal codes and standards authorized by

a court of competent jurisdiction and is

not in conflict with § 20.510.

Section 20.511 Should Permanency

Plans Be Developed?

Some commenters stated that the

requirement to have permanency

planning developed within 6 months

was not possible or realistic and

suggested that it be changed to 12

months.

Response: This recommendation was

not adopted. The Bureau retained the 6-

month requirement as this is realistic

and conveys that this should be a high

priority.

Section 20.512 Can the Bureau/Tribal

Contractors Make Indian Adoptive

Placements?

No comments were received on this

section.

Section 20.513 Should Interstate

Compacts Be Used for the Placement of

Children?

One commenter suggested changing

‘‘must’’ to ‘‘should.’’

Response: This recommendation was

adopted. The Bureau changed the

wording.

Section 20.514 What Assistance Can

the Courts Request From Social Services

on Behalf of Children?

One commenter stated that this

section conflicted with § 20.510.

Response: This recommendation was

not adopted. The Bureau did not agree

that there was a conflict between

§ 20.510 and § 20.514, because § 20.510

explains the courts authority in terms of

expenditure of funds and § 20.514

explains the types of social services that

can be requested by the courts.

Section 20.515 What Is Required for

Case Management?

One commenter stated that in some

instances there was not enough staff for

a supervisor to complete case reviews

every 90 days.

Response: This recommendation was

not adopted. The Bureau feels that

reviewing cases every 90 days is both

important and reasonable.

Section 20.516 How Are Child Abuse

and Neglect Cases To Be Handled?

One commenter suggested replacing

‘‘must’’ with the word ‘‘will’’ and also

noted that there were insufficient funds

to handle child abuse and neglect cases.

One commenter questioned the

requirement of child protection teams as

their reading of Public Law 99–570 and

Public Law 101–630 did not specify

child protection teams.

Response: These recommendations

were partially adopted. The Bureau

replaced ‘‘must’’ with ‘‘will.’’ The lack

of administrative funding cannot be

addressed in the regulations. The

Bureau has issued guidance on child

protection teams for many years and

there has never been any question raised

about the legality of child protection

teams, which are referenced under Pub.

L. 99–570 and Pub. L. 101–630 to

handle child protection issues.

Therefore, the language was retained.

Subpart F—Administrative Procedures

Section 20.600 How Is an Application

for Financial Assistance or Social

Services Made?

One commenter stated that there was

confusion as to whether an application

was required to be in writing. One

commenter stated that there was

confusion between applications and

referrals. Another commenter stated that

language was needed to clarify that

contractors should forward applications

to the appropriate tribal staff.

Response: These recommendations

were partially adopted. All applications

must be in writing. The language should

have stated that oral applications would

need to be reduced to writing at a later

date if an oral application was taken

originally. Referrals are clearly for the

purpose of making application so this

language remained unchanged. The

current regulations in place for the past

15 years have included reference to the

Superintendent and there has never

been confusion among tribes as to where

applications must go when tribes

operate the Social Service program. This

particular language was retained. This

section was rewritten in the final rule

for clarification purposes.

Section 20.601 From Whom Is

Eligibility Information Collected?

Some commenters stated that when

there was a change in the recipient’s

circumstances which affected payment

level that a process for overpayment

should be described and the direct

service providers should be able to refer

this matter to administrative staff for

follow up. One commenter stated that

this section was in conflict with

§ 20.304 because it stated a recipient

was required to immediately inform

social services of any changes rather

than within 30 days.

Response: These recommendations

were partially adopted. The

overpayment process is more

appropriately addressed in internal

procedures. The Bureau changed

§ 20.601 which was renumbered as

§ 20.602 to require the recipient to

immediately inform the social services

office of any change in status affecting

63158 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

eligibility or amount of assistance. This

section was rewritten in the final rule

for clarification purposes.

Section 20.602 How Is an Application

Approved or Denied?

One commenter stated that the proper

reference in this section was §§ 20.300

through 20.516 and also suggested the

section should be rewritten to state that

the Bureau is the approving or denying

authority and that an additional section

should be added for tribes to outline

how they approve or deny an

application. This section was

renumbered as § 20.603 in the final rule.

Response: These recommendations

were partially adopted. The Bureau

changed the section reference number to

add better clarity. However, the Bureau

did not change the remainder of the

section because there is no confusion as

to tribes’ responsibilities when they

contract for the service.

Section 20.603 How Is an Applicant or

Recipient Notified That Benefits or

Services Are Denied?

One commenter noted that under (5)

‘‘not’’ had been deleted and thus

allowing an appeal under part 2 when

the intent was to make the decision final

and not subject to appeal if there was no

request for a hearing within 20 days of

the date of the notice. Another

commenter suggested an additional

section for contractors and inclusion of

language in the original section stating

that this section applied to the Bureau

only. This section was renumbered as

§ 20.604 in the final rule.

Response: These recommendations

were partially adopted. The Bureau

agreed that under (5) ‘‘not’’ was

incorrectly deleted and this was

corrected. Additional language was not

needed for contractors.

Section 20.604 How Is an Incorrect

Payment Adjusted or Recovered?

One commenter suggested an

additional section for contractors and

inclusion in the original section which

specified that this section applied to the

Bureau only. This section was

renumbered as § 20.606 in the final rule.

Response: This recommendation was

not adopted. A separate section for

contractors was not added as it is not

necessary because part 900 explains the

responsibilities of contractors.

Section 20.605 What Happens When

Applicants or Recipients Knowingly and

Willfully Provide False, Fictitious, or

Fraudulent Information?

No comments were received on this

section. This section was renumbered as

§ 20.607 in the final rule and rewritten

for clarification purposes.

Subpart G—Hearings and Appeals

Section 20.700 Can an Applicant or

Recipient Appeal the Decision of a

Bureau Official?

No comments were received on this

section.

Section 20.701 Does an Applicant or

Recipient Receive Financial Assistance

while an Appeal is Pending?

One commenter stated that an

applicant should not receive assistance

if they have not been determined

eligible for assistance.

Response: This recommendation was

not adopted. The section conveys the

intent in that financial assistance will

continue while the Superintendent

makes a final decision on an appeal

which is pending. Recovery for

overpayments was addressed in the

section.

Section 20.702 When Is an Appeal

Hearing Scheduled?

One commenter stated that the section

should be rewritten to explain that the

recipient has a right to request an

extension of 10 days for the date of the

hearing.

Response: This recommendation was

not adopted. The Bureau did not make

this change because this section does

not guarantee an extension of 10 days

for the hearing to the recipient nor was

the section designed to provide such an

extension.

Section 20.703 What Must the Written

Notice of Hearing Include?

No comments were received on this

section.

Section 20.704 Who Conducts the

Hearing or Appeal From a Bureau

Decision or Action and What Is the

Process?

No comments were received on this

section.

Section 20.705 Can an Applicant or

Recipient Appeal a Tribal Decision?

One commenter stated that there

should be a process for applicants or

recipients to appeal tribal decisions.

Another commenter stated that this

section violated tribal sovereignty.

Response: These recommendations

were not adopted. This process for

appeals of a tribe’s decisions should be

an internal procedure which is specified

in the tribe’s own policy and procedure

manual. This section was not changed

because it clarifies the Bureau’s role in

terms of applicant or recipient appeals

of tribal decisions.

Regulatory Planning and Review (E.O.

12866)

This document is not a significant

rule and is not subject to review by the

Office of Management and Budget under

Executive Order 12866.

(1) This rule will not have an effect of

$100 million or more on the economy.

It will not adversely affect in a material

way the economy, productivity,

competition, jobs, the environment,

public health or safety, or state, local, or

tribal governments or communities.

Tribes have been operating this

financial assistance program for 30 years

and the amount of funding is dependent

upon the local economy in terms of

unemployment and extent of need for

funds. Approximately 400 tribes receive

some form of financial assistance yearly

and the amount of funds varies

according to caseload increases and

decreases. The Bureau’s total

expenditure for social service programs

is $94 million.

(2) This rule will not create a serious

inconsistency or otherwise interfere

with an action taken or planned by

another agency.

(3) This rule does not alter the

budgetary effects of entitlements, grants,

user fees, or loan programs or the rights

or obligations of their recipients. It

establishes procedures for various social

services programs, but does not alter the

amounts that will be awarded.

(4) This rule does not raise novel legal

or policy issues.

Regulatory Flexibility Act

The Regulatory Flexibility Act (5

U.S.C. 601 et seq.) specifically excludes

Indian tribes from its coverage.

Small Business Regulatory Enforcement

Fairness Act (SBREFA)

This rule is not a major rule under 5

U.S.C. 804(2), the Small Business

Regulatory Enforcement Fairness Act.

This rule:

(a) Does not have an annual effect on

the economy of $100 million or more.

The financial assistance funds available

total $94 million and are divided up

between 400 Indian communities based

upon need.

(b) Will not cause a major increase in

costs or prices for consumers,

individual industries, federal, state, or

local government agencies, or

geographic regions. This rule provides

guidance for a welfare benefit program

and will not affect payment levels of

eligible clients nor cause increases or

decreases in existing caseloads or total

expenditures.

(c) Does not have significant adverse

effects on competition, employment,

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63159

investment, productivity, innovation, or

the ability of U.S.-based enterprises to

compete with foreign-based enterprises.

This program is a welfare benefit

program and does not affect local

enterprises.

Unfunded Mandates Reform Act

This rule does not impose an

unfunded mandate on state, local, or

tribal governments or the private sector

of more than $100 million per year. The

rule does not have a significant or

unique effect on state, local, or tribal

governments or the private sector. A

statement containing the information

required by the Unfunded Mandates

Reform Act (1 U.S.C. 1531, et seq.) is not

required.

Takings (E.O. 12630)

In accordance with Executive Order

12630, the rule does not have significant

takings implications. A takings

implication assessment is not required.

Federalism (E.O. 13132)

In accordance with Executive Order

13132 this rule does not have significant

Federalism effects. Consultation was not

conducted with state and local officials

because the rule does not affect state

and local entities but does affect tribal

communities. Consultation was

conducted with tribal officials at three

separate locations and their

recommendations were considered in

the preparation of the final rule.

Civil Justice Reform (E.O. 12988)

In accordance with Executive Order

12988, the Office of the Solicitor has

determined that this rule does not

unduly burden the judicial system and

meets the requirements of sections 3(a)

and 3(b)(2) of the Order.

Paperwork Reduction Act

This regulation requires an

information collection from 10 or more

parties and a submission under the

Paperwork Reduction Act is required.

An OMB Form 83–I and an information

collection packet were reviewed by the

Department and were sent to OMB for

approval on March 31, 1999.

Subsequently, OMB provided approval

on June 8, 1999, for form number OMB

1076–0017 for the Bureau Financial and

Social Services Program.

The Bureau has reviewed the

information needed and reduced the

amount of information being collected.

The information collection takes 15

minutes for 200,000 respondents for a

burden of 50,000 hours. The

information collection is used to make

decisions within the framework of the

financial assistance program, such as

determining eligibility, ensuring

uniformity of services, and maintaining

current records for audit purposes. The

information collection is required to

obtain or retain a benefit. Information

covered by the Privacy Act will be kept

confidential as required by regulation.

Please note that an agency may not

collect or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

National Environmental Policy Act

This rule does not constitute a major

Federal action significantly affecting the

quality of the human environment. A

detailed statement under the National

Environmental Policy Act of 1969 is not

required.

List of Subjects in 25 CFR Part 20

Administrative practice and

procedures, Child welfare, Indians—

social welfare, Public assistance

programs.

For the reasons set out in the

preamble, we are revising part 20 in

chapter I of title 25 of the Code of

Federal Regulations as follows.

PART 20—FINANCIAL ASSISTANCE

AND SOCIAL SERVICES PROGRAMS

Subpart A—Definitions, Purpose and Policy

Sec.

20.100 What definitions clarify the meaning

of the provisions of this part?

20.101 What is the purpose of this part?

20.102 What is the Bureau’s policy in

providing financial assistance and social

services under this part?

20.103 Have the information collection

requirements in this part been approved

by the Office of Management and

Budget?

Subpart B—Welfare Reform

20.200 What contact will the Bureau

maintain with State, tribal, county, local,

and other Federal agency programs?

20.201 How does the Bureau designate a

service area and what information is

required?

20.202 What is a tribal redesign plan?

20.203 Can a tribe incorporate assistance

from other sources into a tribal redesign

plan?

20.204 Must all tribes submit a tribal

redesign plan?

20.205 Can tribes change eligibility criteria

or levels of payments for General

Assistance?

20.206 Must a tribe get approval for a tribal

redesign plan?

20.207 Can a tribe use savings from a tribal

redesign plan to meet other priorities of

the tribe?

20.208 What if the tribal redesign plan

leads to increased costs?

20.209 Can a tribe operating under a tribal

redesign plan go back to operating under

this part?

20.210 Can eligibility criteria or payments

for Burial Assistance, Child Assistance,

and Disaster Assistance and Emergency

Assistance change?

Subpart C—Direct Assistance

Eligibility for Direct Assistance

20.300 Who qualifies for Direct Assistance

under this subpart?

20.301 What is the goal of General

Assistance?

20.302 Are Indian applicants required to

seek assistance through Temporary

Assistance for Needy Families?

20.303 When is an applicant eligible for

General Assistance?

20.304 When will the Bureau review

eligibility for General Assistance?

20.305 What is redetermination?

20.306 What is the payment standard for

General Assistance?

Determining Need and Income

20.307 What resources does the Bureau

consider when determining need?

20.308 What does earned income include?

20.309 What does unearned income

include?

20.310 What recurring income must be

prorated?

20.311 What amounts will the Bureau

deduct from earned income?

20.312 What amounts will the Bureau

deduct from income or other resources?

20.313 How will the Bureau compute

financial assistance payments?

Employment Requirements

20.314 What is the policy on employment?

20.315 Who is not covered by the

employment policy?

20.316 What must a person covered by the

employment policy do?

20.317 How will the ineligibility period be

implemented?

20.318 What case management

responsibilities does the social services

worker have?

20.319 What responsibilities does the

general assistance recipient have?

Tribal Work Experience Program (TWEP)

20.320 What is TWEP?

20.321 Does TWEP allow an incentive

payment?

20.322 Who can receive a TWEP incentive

payment?

20.323 Will the local TWEP be required to

have written program procedures?

Burial Assistance

20.324 When can the Bureau provide Burial

Assistance?

20.325 Who can apply for Burial

Assistance?

20.326 Does Burial Assistance cover

transportation expenses?

Disaster Assistance

20.327 When can the Bureau provide

Disaster Assistance?

20.328 How can a tribe apply for Disaster

Assistance?

Emergency Assistance

20.329 When can the Bureau provide

Emergency Assistance payments?

63160 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

20.330 What is the payment standard for

Emergency Assistance?

Adult Care Assistance

20.331 What is Adult Care Assistance?

20.332 Who can receive Adult Care

Assistance?

20.333 How do I apply for Adult Care

Assistance?

20.334 What happens after I apply?

20.335 What is the payment standard for

Adult Care Assistance?

Subpart D—Services to Children, Elderly,

and Families

20.400 Who should receive Services to

Children, Elderly, and Families?

20.401 What is included under Services to

Children, Elderly, and Families?

20.402 When are protective services

provided?

20.403 What do protective services include?

20.404 What information is contained in a

social services assessment?

Subpart E—Child Assistance

20.500 Who is eligible for Child Assistance?

How Child Assistance Funds Can Be Used

20.501 What services can be paid for with

Child Assistance funds?

20.502 Can Child Assistance funds be used

to place Indian children in residential

care facilities?

20.503 When can Child Assistance funds be

used for Indian adoption or guardianship

subsidies?

20.504 What short-term homemaker

services can Child Assistance pay for?

20.505 What services are provided jointly

with the Child Assistance Program?

Foster Care

20.506 What information is required in the

foster care case file?

20.507 What requirements must foster care

providers meet?

20.508 What must the social service agency

do when a child is placed in foster care,

residential care or guardianship home?

20.509 What must the social services

worker do when a child is placed in

foster care or residential care facility?

20.510 How is the court involved in child

placements?

20.511 Should permanency plans be

developed?

20.512 Can the Bureau/tribal contractors

make Indian adoptive placements?

20.513 Should Interstate Compacts be used

for the placement of children?

20.514 What assistance can the courts

request from social services on behalf of

children?

20.515 What is required for case

management?

20.516 How are child abuse, neglect or

exploitation cases to be handled?

Subpart F—Administrative Procedures

20.600 Who can apply for financial

assistance or social services?

20.601 How can applications be submitted?

20.602 How does the Bureau verify

eligibility for social services?

20.603 How is an application approved or

denied?

20.604 How is an applicant or recipient

notified that benefits or services are

denied or changed?

20.605 What happens when an applicant or

recipient appeals a decision under this

subpart?

20.606 How is an incorrect payment

adjusted or recovered?

20.607 What happens when applicants or

recipients knowingly and willfully

provide false, or fraudulent information?

Subpart G—Hearings and Appeals

20.700 Can an applicant or recipient appeal

the decision of a Bureau official?

20.701 Does an applicant or recipient

receive financial assistance while an

appeal is pending?

20.702 When is an appeal hearing

scheduled?

20.703 What must the written notice of

hearing include?

20.704 Who conducts the hearing or appeal

from a Bureau decision or action and

what is the process?

20.705 Can an applicant or recipient appeal

a tribal decision?

Authority: 25 U.S.C. 13; Pub. L. 93–638;

Pub. L. 98–473; Pub. L. 102–477; Pub. L.

104–193; Pub. L. 105–83.

Subpart A—Definitions, Purpose and

Policy

§ 20.100 What definitions clarify the

meaning of the provisions of this part?

Adult means an Indian person age 18

or older.

Adult assistance care means financial

assistance provided on behalf of an

Indian adult who is not eligible for any

other state, federal, or tribal assistance

as documented in the case file and who

requires non-medical personal care and

supervision due to advanced age,

infirmity, physical condition or mental

impairment.

Appeal means a written request for

correction of an action or decision of a

specific program decision by a Bureau

official (§ 20.700) or a tribal official

(§ 20.705).

Applicant means an Indian individual

by or on whose behalf an application for

financial assistance and/or social

services has been made under this part.

Application means the written or oral

process through which a request is

made for financial assistance or social

services.

Assistant Secretary means the

Assistant Secretary—Indian Affairs.

Authorized representative means a

parent or other caretaker relative,

conservator, legal guardian, foster

parent, attorney, paralegal acting under

the supervision of an attorney, friend or

other spokesperson duly authorized and

acting on behalf or representing the

applicant or recipient.

Bureau means the Bureau of Indian

Affairs of the United States Department

of the Interior.

Bureau Standard of Assistance means

payment standards established by the

Assistant Secretary for burial, disaster,

emergency, TWEP and adoption and

guardian subsidy. In accordance with

Public Law 104–193, the Bureau

standard of assistance for general

assistance is the state rate for TANF in

the state where the applicant resides.

Where the Bureau provides general

assistance on a reservation that extends

into another state, the Bureau will

provide general assistance to eligible

Indians based on the standard of

assistance where the applicant resides if

the applicant is not eligible for state

general assistance or TANF. The Bureau

standard of assistance for adult care

assistance is the state rate for adult care

assistance in the state where the

applicant resides. The Bureau standard

of assistance for foster care is the state

rate for foster care in the state where the

applicant resides as provided by Title IV

of the Social Security Act (49 Stat. 620).

Burial assistance means a financial

assistance payment made on behalf of

an indigent Indian who meets the

eligibility criteria to provide minimum

burial expenses according to Bureau

payment standards established by the

Assistant Secretary.

Case means a single type of assistance

and/or service provided to an individual

or household in response to an

identified need which requires

intervention by social services.

Case management means the activity

of a social services worker in assessing

client and family problem(s), case

planning, coordinating and linking

services for clients, monitoring service

provisions and client progress,

advocacy, tracking and evaluating

services provided, such as evaluation of

child’s treatment being concurrent with

parent’s treatment, and provision of

aftercare service. Activities may also

include resource development and

providing other direct services such as

accountability of funds, data collection,

reporting requirements, and

documenting activities in the case file.

Case plan means a written plan with

time limited goals which is developed

and signed by the service recipient and

social services worker. The case plan

will include documentation of referral

and disapproval of eligibility for other

services. The plan must incorporate the

steps needed to assist individuals and

families to resolve social, economic,

psychological, interpersonal, and/or

other problems, to achieve selfsufficiency and independence. All plans

for children in foster care or residential

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63161

care must include a permanency plan

which contains a time specific goal of

the return of the child to the natural

parents or initiation of a guardianship/

adoption.

Child means an Indian person under

the age of 18 except that no person who

has been emancipated by marriage will

be deemed a child.

Child assistance means financial

assistance provided on behalf of an

Indian child, who has special needs as

specified in § 20.100. In addition,

assistance includes services to a child

who requires placement in a foster

home or a residential care facility in

accordance with standards of payment

levels established by the state or county

in which the child resides. Further,

assistance includes services to a child in

need of adoption or guardianship in

accordance with payment levels

established by the Assistant Secretary.

Designated representative means an

official of the Bureau who is designated

by a Superintendent to hold a hearing

as prescribed in §§ 20.700 through

20.705 and who has had no prior

involvement in the proposed decision

under § 20.603 and whose hearing

decision under §§ 20.700 through

20.705 will have the same force and

effect as if rendered by the

Superintendent.

Disaster means a situation where a

tribal community is adversely affected

by a natural disaster or other forces

which pose a threat to life, safety, or

health as specified in §§ 20.327 and

20.328.

Emergency means a situation where

an individual or family’s home and

personal possessions are either

destroyed or damaged through forces

beyond their control as specified in

§ 20.329.

Employable means an eligible Indian

person who is physically and mentally

able to obtain employment, and who is

not exempt from seeking employment in

accordance with the criteria specified in

§ 20.315.

Essential needs means shelter, food,

clothing and utilities, as included in the

standard of assistance in the state where

the eligible applicant lives.

Extended family means persons

related by blood, marriage or as defined

by tribal law or custom.

Family assessment means a social

services assessment of a family’s history

and present abilities and resources to

provide the necessary care, guidance

and supervision for individuals within

the family’s current living situation who

may need social service assistance and/

or services.

Financial Assistance means any of the

following forms of assistance not

provided by other federal, state, local or

tribal sources:

(1) Adult Care Assistance for adults

who require non-medical personal care

and supervision;

(2) Burial Assistance for indigent

burials;

(3) Child Assistance for any child

with special needs, in need of

placement in a foster home or

residential care facility, or in need of

adoption or guardianship;

(4) Disaster Assistance;

(5) Emergency Assistance for essential

needs to prevent hardship caused by

burnout, flooding of homes, or other life

threatening situations that may cause

loss or damage of personal possessions;

(6) General Assistance for basic

essential needs; or

(7) Tribal Work Experience Program

for participants in work experience and

training.

Foster care services means those

social services provided to an eligible

Indian child that is removed from his or

her home due to neglect, abandonment,

abuse or other maltreatment and placed

in a foster home. Services must also be

extended to the affected family members

and foster parent(s) with a goal of

reuniting and preserving the family.

General Assistance means financial

assistance payments to an eligible

Indian for essential needs provided

under §§ 20.300 through 20.319.

Guardianship means long-term, social

services and court approved placement

of a child.

Head of household means a person in

the household that has primary

responsibility and/or obligation for the

financial support of others in the

household. In the case of a two parent

household, one will be considered the

head of household for the purpose of

making an application for benefits.

Homemaker services means nonmedical services provided by social

services, in the absence of other

resources, to assist an eligible Indian in

maintaining self-sufficiency, and

preventing placement into foster care or

residential care. Examples of services

included in homemaker services are:

cleaning an individual’s home,

preparing meals for an individual, and

maintaining or performing basic

household functions.

Household means persons living

together who may or may not be related

to the ‘‘head of household.’’

Indian means any person who is a

member of an Indian tribe.

Indian court means Indian tribal court

or Court of Indian Offenses.

Indian tribe means an Indian or

Alaska Native tribe, band, nation,

pueblo, village, or community which is

recognized as eligible for the special

programs and services provided by the

United States because of their status as

Indians.

Individual Self-sufficiency Plan (ISP)

means a plan designed to meet the goal

of employment through specific action

steps and is incorporated within the

case plan for the general assistance

recipient. The plan is jointly developed

and signed by the recipient and social

services worker.

Near Reservation means those areas or

communities designated by the

Assistant Secretary that are adjacent or

contiguous to reservations where

financial assistance and social service

programs are provided.

Need means the deficit after

consideration of income and other

resources necessary to meet the cost of

essential need items and special need

items as defined by the Bureau standard

of assistance for the state in which the

applicant or recipient resides.

Permanency plan means the

documentation in a case plan which

provides for permanent living

alternatives for the child in foster care,

a residential care facility, or in need of

adoption or guardianship. Permanency

plans are developed and implemented

in accordance with tribal, cultural, and

tribal/state legal standards when the

parent or guardian is unable to resolve

the issues that require out-of-home

placement of the child.

Protective services means those

services necessary to protect an Indian

who is the victim of an alleged and/or

substantiated incident of abuse, neglect

or exploitation or who is under the

supervision of the Bureau in regard to

the use and disbursement of funds in

his or her Individual Indian Money

(IIM) account.

Public assistance means those

programs of financial assistance

provided by state, tribal, county, local

and federal organizations including

programs under Title IV of the Social

Security Act (49 Stat. 620), as amended,

and Public Law 104–193.

Recipient is an eligible Indian

receiving financial assistance or social

services under this part.

Recurring income means any cash or

in-kind payment, earned or unearned,

received on a monthly, quarterly,

semiannual, or annual basis.

Regional Director means the Bureau

official in charge of a Regional Office.

Reservation means any federally

recognized Indian tribe’s reservation,

pueblo, or colony.

Residential care services means those

rehabilitation services provided to an

eligible Indian child that is removed

from his or her home due to lack of

63162 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

resources in the home to care for him or

her and placed in a residential care

facility.

Resources means income, both earned

and unearned, and other liquid assets

available to an Indian person or

household to meet current living costs,

unless otherwise specifically excluded

by federal statute. Liquid assets are

those properties in the form of cash or

other financial instruments which can

be converted to cash, such as savings or

checking accounts, promissory notes,

mortgages and similar properties, and

retirements and annuities.

Secretary means the Secretary of the

Interior.

Service area means a geographic area

designated by the Assistant Secretary

where financial assistance and social

services programs are provided. Such a

geographic area designation can include

a reservation, near reservation, or other

geographic location.

Services to children, elderly and

families means social services,

including protective services provided

through the social work skills of

casework, group work or community

development to assist in solving social

problems involving children, elderly

and families. These services do not

include money payments.

Special needs means a financial

assistance payment made to or on behalf

of children under social services

supervision for circumstances that

warrant financial assistance that is not

included in the foster care rates; for

example, respite care, homemaker

service, day care service, and may

include basic needs (special diets)

which are not considered as a medical

need where other resources are not

available.

Superintendent means the Bureau

official in charge of an agency office.

Supplemental Security Income (SSI)

means cash assistance provided under

Title XVI of the Social Security Act (49

Stat. 620), as amended.

Temporary Assistance for Needy

Families (TANF) means one of the

programs of financial assistance

provided under the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996 (PRWORA).

Tribal governing body means the

federally recognized governing body of

an Indian tribe.

Tribal redesign plan means a tribally

designed method for changing general

assistance eligibility and/or payment

levels in accordance with 25 U.S.C.A.

§ 13d-3.

Tribal Work Experience Program

(TWEP) means a program operated by

tribal contract/grant or self-governance

annual funding agreement, which

provides eligible participants with work

experience and training that promotes

and preserves work habits and develops

work skills aimed toward selfsufficiency. The Bureau payment

standard is established by the Assistant

Secretary.

Unemployable means a person who

meets the criteria specified in § 20.315.

§ 20.101 What is the purpose of this part?

The regulations in this part govern the

provision to eligible Indians of the

following kinds of financial assistance

and social services:

(a) Adult Care Assistance;

(b) Burial Assistance;

(c) Child Assistance;

(d) Disaster Assistance;

(e) Emergency Assistance;

(f) General Assistance;

(g) Services to Children, Elderly and

Families; and

(h) Tribal Work Experience Program.

§ 20.102 What is the Bureau’s policy in

providing financial assistance and social

services under this part?

(a) Bureau social services programs

are a secondary, or residual resource,

and must not be used to supplement or

supplant other programs.

(b) The Bureau can provide assistance

under this part to eligible Indians when

comparable financial assistance or

social services are either not available or

not provided by state, tribal, county,

local or other federal agencies.

(c) Bureau financial assistance and

social services are subject to annual

Congressional appropriations.

§ 20.103 Have the information collection

requirements in this part been approved by

the Office of Management and Budget?

The information collection

requirements contained in §§ 20.300,

20.400, and 20.500 were submitted for

clearance to the Office of Management

and Budget under 44 U.S.C. 35d et seq.

This information collection was

approved by OMB with OMB Control

#1076–0017. The expiration date is on

the form. The information is collected to

determine applicant eligibility for

services. The information will be used

to determine applicant eligibility and to

insure uniformity of services. Response

is required to obtain a benefit. The

public reporting burdens for this form

are estimated to average 15 minutes per

response including time for reviewing

the instructions, gathering and

maintaining data, and completing and

reviewing the form.

Subpart B—Welfare Reform

§ 20.200 What contact will the Bureau

maintain with State, tribal, county, local,

and other Federal agency programs?

We will coordinate all financial

assistance and social services programs

with state, tribal, county, local and other

federal agency programs to ensure that

the financial assistance and social

services program avoids duplication of

assistance.

§ 20.201 How does the Bureau designate a

service area and what information is

required?

The Assistant Secretary can designate

or modify service areas for a tribe. If you

are a tribe requesting a service area

designation, you must submit each of

the following:

(a) A tribal resolution that certifies

that:

(1) All eligible Indians residing within

the service area will be served; and

(2) The proposed service area will not

include counties or parts thereof that

have reasonably available comparable

services.

(b) Additional documentation

showing that:

(1) The area is administratively

feasible (that is, an adequate level of

services can be provided to the eligible

Indians residing in the area.);

(2) No duplication of services exists;

and

(3) A plan describing how services

will be provided to all eligible Indians

can be implemented.

(c) Documentation should be sent to

the Regional Director or Office of SelfGovernance.

The Director or office will evaluate

the information and make

recommendations to the Assistant

Secretary. The Assistant Secretary can

make a determination to approve or

disapprove and publish notice of the

designation of service area and the

Indians to be served in the Federal

Register. Tribes currently providing

services are not required to request

designation for service areas unless they

make a decision to modify their existing

service areas.

§ 20.202 What is a tribal redesign plan?

If you are a tribe administering a

general assistance program, you can

develop and submit to us a tribal

redesign plan to change the way that

you administer the program.

(a) A tribal redesign plan allows a

tribe to:

(1) Change eligibility for general

assistance in the service area; or

(2) Change the amount of general

assistance payments for individuals

within the service area.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63163

(b) If you develop a tribal redesign

plan it must:

(1) Treat all persons in the same

situation equally; and

(2) Will not result in additional

expenses for the Bureau solely because

of any increased level of payments.

§ 20.203 Can a tribe incorporate

assistance from other sources into a tribal

redesign plan?

Yes, when a tribe redesigns its general

assistance program, it may include

assistance from other sources (such as

Public Law 102–477 federal funding

sources) in the plan.

§ 20.204 Must all tribes submit a tribal

redesign plan?

No, you must submit a tribal redesign

plan under § 20.206 only if you want to

change the way that the General

Assistance program operates in your

service area.

§ 20.205 Can tribes change eligibility

criteria or levels of payments for General

Assistance?

Yes, if you have a redesign plan, you

can change eligibility criteria or levels

of payment for general assistance.

(a) The funding level for your

redesigned general assistance program

will be the same funding received in the

most recent fiscal or calendar year,

whichever applies.

(b) If you do not have a prior year

level of funding, the Bureau or Office of

Self-Governance will establish a

tentative funding level based upon best

estimates for caseload and expenditures.

(c) A Bureau servicing office can

administer a tribal redesign plan as

requested by a tribal resolution.

§ 20.206 Must a tribe get approval for a

tribal redesign plan?

If you have a Public Law 93–638

contract or receive direct services from

us, you must obtain our approval before

implementing a redesign plan. You can

apply for approval to the Regional

Director or through the Bureau servicing

office.

(a) You must submit your redesign

plan for approval at least 3 months

before the effective date.

(b) If you operate with a selfgovernance annual funding agreement,

you must obtain the approval of the

redesign from the Office of SelfGovernance.

(c) If you operate with a Public Law

102–477 grant, you must obtain

approval from the Bureau Central

Office.

§ 20.207 Can a tribe use savings from a

tribal redesign plan to meet other priorities

of the tribe?

Yes, you may use savings from a

redesign of the general assistance

program to meet other priorities.

§ 20.208 What if the tribal redesign plan

leads to increased costs?

The tribe must meet any increase in

cost to the General Assistance program

that results solely from tribally

increased payment levels due to a

redesign plan.

§ 20.209 Can a tribe operating under a

tribal redesign plan go back to operating

under this part?

Yes, a tribe operating under a tribal

redesign plan can choose to return to

operation of the program as provided in

§§ 20.300 through 20.323.

§ 20.210 Can eligibility criteria or

payments for Burial Assistance, Child

Assistance, and Disaster Assistance and

Emergency Assistance change?

No, unless otherwise provided by law,

the Bureau nor a tribe may change

eligibility criteria or levels of payment

for Burial Assistance, Child Assistance,

Disaster Assistance, and Emergency

Assistance awarded in Public Law 93–

638 contracts, Public Law 102–477

grants, or Public Law 103–413 selfgovernance annual funding agreements.

Subpart C—Direct Assistance

Eligibility for Direct Assistance

§ 20.300 Who qualifies for Direct

Assistance under this subpart?

To be eligible for assistance or

services under this part, an applicant

must meet all of the following criteria:

(a) Be a member of an Indian tribe;

(b) Not have sufficient resources to

meet the essential need items defined by

the Bureau standard of assistance for

those Bureau programs providing

financial payment;

(c) Reside in the service area as

defined in § 20.100; and

(d) Meet the additional eligibility

criteria for each of the specific programs

of financial assistance or social services

in §§ 20.301 through 20.516.

§ 20.301 What is the goal of General

Assistance?

The goal of the General Assistance

program is to increase self-sufficiency.

Each General Assistance recipient must

work with the social services worker to

develop and sign an Individual SelfSufficiency Plan (ISP). The plan must

outline the specific steps the individual

will take to increase independence by

meeting the goal of employment.

§ 20.302 Are Indian applicants required to

seek assistance through Temporary

Assistance for Needy Families?

Yes, all Indian applicants with

dependent children are required to

apply for Temporary Assistance for

Needy Families (TANF) and follow

TANF regulations.

§ 20.303 When is an applicant eligible for

General Assistance?

To be eligible for General Assistance

an applicant must:

(a) Meet the criteria contained in

§ 20.300;

(b) Apply concurrently for financial

assistance from other state, tribal,

county, local, or other federal agency

programs for which he/she is eligible;

(c) Not receive any comparable public

assistance; and

(d) Develop and sign an employment

strategy in the ISP with the assistance of

the social services worker to meet the

goal of employment through specific

action steps including job readiness and

job search activities.

§ 20.304 When will the Bureau review

eligibility for General Assistance?

The Bureau will review eligibility for

General Assistance:

(a) Every 3 months for individuals

who are not exempt from seeking or

accepting employment in accordance

with § 20.315 or the ISP;

(b) Every 6 months for all recipients;

and

(c) Whenever there is a change in

status that can affect a recipient’s

eligibility or amount of assistance.

Recipients must immediately inform the

social services office of any such

changes.

§ 20.305 What is redetermination?

Redetermination is an evaluation by a

social services worker to assess the need

for continued financial assistance as

outlined in § 20.304. It includes:

(a) A home visit;

(b) An estimate of income, living

circumstances, household composition

for the month(s) for which financial

assistance is to be provided; and

(c) Appropriate revisions to the case

plan and the ISP.

§ 20.306 What is the payment standard for

General Assistance?

(a) Under Public Law 104–193, the

Bureau must use the same TANF

payment standard (and any associated

rateable reduction) that exists in the

state or service area where the applicant

or recipient resides. This payment

standard is the amount from which the

Bureau subtracts net income and

resources to determine General

Assistance eligibility and payment

levels;

63164 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

(b) If the state does not have a

standard for an adult, we will use either

the difference between the standard for

a child and the standard for a household

of two, or one-half of the standard for

a household of two, whichever is

greater; and

(c) If the state does not have a TANF

program, we will use the AFDC

payment standard which was in effect

on September 30, 1995, in the State

where the applicant or recipient resides.

Determining Need and Income

§ 20.307 What resources does the Bureau

consider when determining need?

When the Bureau determines General

Assistance eligibility and payment

levels, we consider income and other

resources as specified in §§ 20.308 and

20.309.

(a) All income, earned or unearned,

must be calculated in the month it is

received and as a resource thereafter,

except that certain income obtained

from the sale of real or personal

property may be exempt as provided in

§ 20.309.

(b) Resources are considered to be

available when they are converted to

cash.

§ 20.308 What does earned income

include?

Earned income is cash or any in-kind

payment earned in the form of wages,

salary, commissions, or profit, from

activities by an employee or selfemployed individual. Earned income

includes:

(a) Any one-time payment to an

individual for activities which were

sustained over a period of time (for

example, the sale of farm crops,

livestock, or professional artists

producing art work); and

(b) With regard to self-employment,

total profit from a business enterprise

(i.e., gross receipts less expenses

incurred in producing the goods or

services). Business expenses do not

include depreciation, personal business

and entertainment expenses, personal

transportation, capital equipment

purchases, or principal payments on

loans for capital assets or durable goods.

§ 20.309 What does unearned income

include?

Unearned income includes, but is not

limited to:

(a) Income from interest; oil and gas

and other mineral royalties; gaming

income per capita distributions; rental

property; cash contributions, such as

child support and alimony, gaming

winnings; retirement benefits;

(b) Annuities, veteran’s disability,

unemployment benefits, and federal and

state tax refunds;

(c) Per capita payments not excluded

by federal statute;

(d) Income from sale of trust land and

real or personal property that is set

aside for reinvestment in trust land or

a primary residence, but has not been

reinvested in trust land or a primary

residence at the end of one year from

the date the income was received;

(e) In-kind contributions providing

shelter at no cost to the individual or

household, this must equal the amount

for shelter included in the state

standard, or 25 percent of the state

standard, whichever is less; and

(f) Financial assistance provided by a

state, tribal, county, local, or other

federal agency.

§ 20.310 What recurring income must be

prorated?

The social services worker will

prorate the following recurring income:

(a) Recurring income received by

individuals over a 12-month period for

less than a full year’s employment (for

example, income earned by teachers

who are not employed for a full year);

(b) Income received by individuals

employed on a contractual basis over

the term of a contract; and

(c) Intermittent income received

quarterly, semiannually, or yearly over

the period covered by the income.

§ 20.311 What amounts will the Bureau

deduct from earned income?

(a) The social services worker will

deduct the following amounts from

earned income:

(1) Other federal, state, and local

taxes;

(2) Social Security (FICA);

(3) Health insurance;

(4) Work related expenses, including

reasonable transportation costs;

(5) Child care costs for children under

the age of 6 except where the other

parent in the home is unemployed and

physically able to care for the children;

and

(6) The cost of special clothing, tools,

and equipment directly related to the

individual’s employment.

(b) For self-employed individuals, the

social services worker will deduct the

costs of conducting business and all of

the amounts in paragraph (a) of this

section.

§ 20.312 What amounts will the Bureau

deduct from income or other resources?

The social services worker will

deduct the following amounts from

income, or other resources:

(a) The first $2,000 of liquid resources

annually available to the household;

(b) Any home produce from a garden,

livestock, and poultry used by the

applicant or recipient and his/her

household for their consumption; and

(c) Resources specifically excluded by

federal statute.

§ 20.313 How will the Bureau compute

financial assistance payments?

(a) The social services worker will

compute financial assistance payments

by beginning with the Bureau standard

of assistance and doing the following:

(1) Subtracting from all resources

calculated under §§ 20.307 through

20.310;

(2) Subtracting the rateable reduction

or maximum payment level used by the

state where the applicant lives;

(3) Subtracting an amount for shelter

(see paragraph (b) of this section for

details on how to calculate a shelter

amount); and

(4) Rounding the result down to the

next lowest dollar.

(b) The social services worker must

calculate a shelter amount for purposes

of paragraph (a)(3) of this section. To

calculate the shelter amount:

(1) The shelter amount must not

exceed the amount for shelter in the

state TANF standard;

(2) If the state TANF does not specify

an amount for shelter, the social

services worker must calculate the

amount as 25 percent of the total state

TANF payment; and

(3) If there is more than one

household in a dwelling, the social

services worker must prorate the actual

shelter cost among the households

receiving General Assistance; this

amount cannot exceed the amount in

the standard for individuals in similar

circumstances. The head of each

household is responsible for his/her

portion of the documented shelter cost.

(c) The social services worker must

not provide General Assistance

payments for any period before the date

of the application for assistance.

Employment Requirements

§ 20.314 What is the policy on

employment?

(a) An applicant or recipient must:

(1) Actively seek employment,

including the use of available state,

tribal, county, local or Bureau-funded

employment services;

(2) Make satisfactory progress in an

ISP; and

(3) Accept local and seasonable

employment when it is available.

(b) A head of household who does not

comply with this section will not be

eligible for General Assistance for a

period of at least 60 days but not more

than 90 days. This action must be

documented in the case file.

(c) The policy in this section does not

apply to any person meeting the criteria

in § 20.315.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63165

§ 20.315 Who is not covered by the

employment policy?

The employment policy in § 20.314

does not apply to the persons shown in

the following table.

The employment policy in §20.314 does not

apply to . . . if . . . and . . .

(a) Anyone younger than 16.

(b) A full-student under the age of 19 ................ He/she is attending an elementary or secondary school or a vocational or technical

school equivalent to a secondary school.

He/she is making satisfactory progress.

(c) A person enrolled at least half-time in a program of study under Section 5404 of Pub. L.

100–297.

He/she is making satisfactory progress ........... He/she was an active General Assistance recipient for a minimum of 3 months before

determination/redetermination of eligibility.

(d) A person suffering from a temporary medical injury or illness.It is documented in the case plan that the illness or injury is serious enough to temporarily prevent employment.He/she must be referred to SSI if the disability

status exceeds 3 months.

(e) An incapacitated person who has not yet received Supplemental Security Income (SSI)

assistance.

A physician, psychologist, or social services

worker certifies that a physical or mental

impairment (either by itself, or in conjunction with age) prevents the individual from

being employed.

The assessment is documented in the case

plan.

(f) A caretaker who is responsible for a person

in the home who has a physical or mental

impairment.

A physician or certified psychologist verifies

the condition.

The case plan documents that: the condition

requires the caretaker to be home on a virtually continuous basis; and there is no

other appropriate household member available to provide this care.

(g) A parent or other individual who does not

have access to child care.

He/she personally provides full-time care to a

child under the age of 6.

(h) A person for whom employment is not accessible.There is a minimum commuting time of one

hour each way.

§ 20.316 What must a person covered by

the employment policy do?

(a) If you are covered by the

employment policy in § 20.314, you

must seek employment and provide

evidence of your monthly efforts to

obtain employment in accordance with

your ISP.

(b) If you do not seek and accept

available local and seasonal

employment, or you quit a job without

good cause, you cannot receive General

Assistance for a period of at least 60

days but not more than 90 days after

you refuse or quit a job.

§ 20.317 How will the ineligibility period be

implemented?

(a) If you refuse or quit a job, your

ineligibility period will continue as

provided in § 20.316(b) until you seek

and accept appropriate available local

and seasonal employment and fulfill

your obligations already agreed to in the

ISP;

(b) The Bureau will reduce your

suspension period by 30 days when you

show that you have sought local and

seasonal employment in accordance

with the ISP; and

(c) Your eligibility suspension will

affect only you. The Bureau will not

apply it to other eligible members of the

household.

§ 20.318 What case management

responsibilities does the social services

worker have?

In working with each recipient, you,

the social services worker must:

(a) Assess the general employability of

the recipient;

(b) Assist the recipient in the

development of the ISP;

(c) Sign the ISP;

(d) Help the recipient identify the

service(s) needed to meet the goals

identified in their ISP;

(e) Monitor recipient participation in

work related training and other

employment assistance programs; and

(f) Document activities in the case file.

§ 20.319 What responsibilities does the

general assistance recipient have?

In working with the social services

worker, you, the recipient, must:

(a) Participate with the social services

worker in developing an ISP and sign

the ISP;

(b) Perform successfully in the work

related activities, community service,

training and/or other employment

assistance programs developed in the

ISP;

(c) Participate successfully in

treatment and counseling services

identified in the ISP;

(d) Participate in evaluations of job

readiness and/or any other testing

required for employment purposes; and

(e) Demonstrate that you are actively

seeking employment by providing the

social services worker with evidence of

job search activities as required in the

ISP.

Tribal Work Experience Program

(TWEP)

§ 20.320 What is TWEP?

TWEP is a program that provides

work experience and job skills to

enhance potential job placement for the

general assistance recipient. TWEP

programs can be incorporated within

Public Law 93–638 self-determination

contracts, Public Law 102–477 grants,

and Public Law 103–413 selfgovernance annual funding agreements

at the request of the tribe.

63166 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.321 Does TWEP allow an incentive

payment?

Yes, incentive payments to

participants are allowed under TWEP.

(a) Incentive payments are separate.

The Bureau will not consider incentive

payments as wages or work related

expenses, but as grant assistance

payments under §§ 20.320 through

20.323.

(b) The approved payment will not

exceed the Bureau maximum TWEP

payment standard established by the

Assistant Secretary.

§ 20.322 Who can receive a TWEP

incentive payment?

(a) The head of the family unit

normally receives the TWEP assistance

payment.

(b) The social services worker can

designate a spouse or other adult in the

assistance group to receive the TWEP

assistance payment. The social services

worker will do this only if:

(1) The recognized head of the family

unit is certified as unemployable; and

(2) The designation is consistent with

the ISP.

(c) Where there are multiple family

units in one household, one member of

each family unit will be eligible to

receive the TWEP incentive payment.

§ 20.323 Will the local TWEP be required to

have written program procedures?

Yes, the local TWEP must have

specific written program procedures

that cover hours of work, acceptable

reasons for granting leave from work,

evaluation criteria and monitoring plans

and ISP’s for participants. Work

readiness progress must be documented

in each ISP.

Burial Assistance

§ 20.324 When can the Bureau provide

Burial Assistance?

In the absence of other resources, the

Bureau can provide Burial Assistance

for eligible indigent Indians meeting the

requirements prescribed in § 20.300.

§ 20.325 Who can apply for Burial

Assistance?

If you are a relative of a deceased

Indian, you can apply for burial

assistance for the deceased Indian under

this section.

(a) To apply for burial assistance

under this section, you must submit the

application to the social services

worker. You must submit this

application within 30 days following

death.

(b) The Bureau will determine

eligibility based on the income and

resources available to the deceased in

accordance with § 20.100. This includes

but is not limited to SSI, veterans’ death

benefits, social security, and Individual

Indian Money (IIM) accounts.

Determination of need will be

accomplished on a case-by-case basis

using the Bureau payment standard.

(c) The Bureau will not approve an

application unless it meets the criteria

specified at § 20.300.

(d) The approved payment will not

exceed the Bureau maximum burial

payment standard established by the

Assistant Secretary.

§ 20.326 Does Burial Assistance cover

transportation costs?

Transportation costs directly

associated with burials are normally a

part of the established burial rate. If a

provider adds an additional

transportation charge to the burial rate

because of extenuating circumstances,

the social services worker can pay the

added charge. To do this, the social

services worker must ensure and

document in the case plan that:

(a) The charges are reasonable and

equitable;

(b) The deceased was an eligible

indigent Indian who was socially,

culturally, and economically affiliated

with his or her tribe; and

(c) The deceased resided in the

service area for at least the last 6

consecutive months of his/her life.

Disaster Assistance

§ 20.327 When can the Bureau provide

Disaster Assistance?

Disaster assistance is immediate and/

or short-term relief from a disaster and

can be provided to a tribal community

in accordance with § 20.328.

§ 20.328 How can a tribe apply for Disaster

Assistance?

(a) The tribe affected by the disaster

is considered the applicant and must

submit the following to the Regional

Director through the local

Superintendent:

(1) A tribal resolution requesting

disaster assistance;

(2) A copy of county, state, or

Presidential declaration of disaster; and

(3) The projected extent of need in the

service area not covered by other federal

funding sources.

(b) The Regional Director must

forward the above tribal documents and

his/her recommendation to the

Assistant Secretary for final decision on

whether disaster assistance will be

provided and to what extent.

Emergency Assistance

§ 20.329 When can the Bureau provide

Emergency Assistance payments?

Emergency Assistance payments can

be provided to individuals or families

who suffer from a burnout, flood, or

other destruction of their home and loss

or damage to personal possessions. The

Bureau will make payments only for

essential needs and other non-medical

necessities.

§ 20.330 What is the payment standard for

Emergency Assistance?

The approved payment will not

exceed the Bureau’s maximum

Emergency Assistance payment

standard established by the Assistant

Secretary.

Adult Care Assistance

§ 20.331 What is Adult Care Assistance?

Adult care assistance provides nonmedical care for eligible adult Indians

who:

(a) Have needs that require personal

care and supervision due to advanced

age, infirmity, physical condition, or

mental impairments; and

(b) Cannot be cared for in their own

home by family members.

§ 20.332 Who can receive Adult Care

Assistance?

An adult Indian is eligible to receive

adult care assistance under this part if

he/she:

(a) Is unable to meet his/her basic

needs, including non-medical care and/

or protection, with his/her own

resources; and

(b) Does not require intermediate or

skilled nursing care.

§ 20.333 How do I apply for Adult Care

Assistance?

To apply for adult care assistance, you

or someone acting on your behalf must

submit an application form to the social

services worker.

§ 20.334 What happens after I apply?

(a) The Bureau will determine

eligibility based upon the income and

available resources of the person named

in the application.

(b) Upon approval by the social

services worker, payments will be

approved under purchase of service

agreements for adult care provided in

state or tribally licensed or certified

group settings, or by individual service

providers licensed or certified for

homemaker service.

§ 220.335 What is the payment standard

for Adult Care Assistance?

The approved payment for adult care

assistance will not exceed the

applicable state payment rate for similar

care.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63167

Subpart D—Services to Children,

Elderly, and Families

§ 20.400 Who should receive Services to

Children, Elderly, and Families?

Services to Children, Elderly, and

Families will be provided for Indians

meeting the requirements prescribed in

§ 20.300 who request these services or

on whose behalf these services are

requested.

§ 20.401 What is included under Services

to Children, Elderly, and Families?

Services to Children, Elderly, and

Families include, but are not limited to,

the following:

(a) Assistance in solving problems

related to family functioning and

interpersonal relationships;

(b) Referral to the appropriate

resource for problems related to illness,

physical or mental handicaps, drug

abuse, alcoholism, and violation of the

law; and

(c) Protective services.

In addition, economic opportunity

and money management may also be

provided.

§ 20.402 When are protective services

provided?

Protective services are provided when

children or adults:

(a) Are deprived temporarily or

permanently of needed supervision by

responsible adults;

(b) Are neglected, abused or

exploited;

(c) Need services when they are

mentally or physically handicapped or

otherwise disabled; or

(d) Are under the supervision of the

Bureau in regard to the use and

disbursement of funds in the child’s or

adult’s Individual Indian Money (IIM)

account. Those IIM accounts that are

established for children will be

supervised by the Bureau until the child

becomes an adult as defined in 25 CFR

115.

§ 20.403 What do protective services

include?

Protective services provided to a

child, family or elderly person will be

documented in the case files and:

(a) Can include, but are not limited to,

any of the following:

(1) Providing responses to requests

from members of the community on

behalf of children or adults alleged to

need protective services;

(2) Providing services to children,

elderly, and families, including referrals

for homemaker and day care services for

the elderly and children;

(3) Coordinating with Indian courts to

provide services, which may include,

but are not limited to, the following:

(i) Investigating and reporting on

allegations of child abuse and neglect,

abandonment, and conditions that may

require referrals (such as mental or

physical handicaps);

(ii) Providing social information

related to the disposition of a case,

including recommendation of

alternative resources for treatment; and

(iii) Providing placement services by

the court order before and after

adjudication.

(4) Coordinating with other

community services, including groups,

agencies, and facilities in the

community. Coordination can include,

but are not limited to:

(i) Evaluating social conditions that

affect community well-being;

(ii) Treating conditions identified

under paragraph (d)(1) of this section

that are within the competence of social

services workers; and

(iii) Working with other community

agencies to identify and help clients to

use services available for assistance in

solving the social problems of

individuals, families, and children.

(5) Coordinating with law

enforcement and tribal courts, to place

the victim of an alleged and/or

substantiated incident of abuse, neglect

or exploitation out of the home to assure

safety while the allegations are being

investigated. Social services workers

may remove individuals in life

threatening situations. After a social

services assessment, the individual

must be either returned to the parent(s)

or to the home from which they were

removed or the social services worker

must initiate other actions as provided

by the tribal code; and

(6) Providing social services in the

home, coordinating and making referrals

to other programs/services, including

Child Protection, and/or establishing

Multi-Disciplinary Teams.

(b) Must include, where the service

population includes IIM account

holders:

(1) Conducting, upon the request of an

account holder or other interested party,

a social services assessment to evaluate

an adult account holder’s circumstances

and abilities and the extent to which the

account holder needs assistance in

managing his or her financial affairs;

and

(2) Managing supervised IIM accounts

of children and adults (in conjunction

with legal guardians), which includes,

but is not limited to, the following:

(i) Evaluating the needs of the account

holder;

(ii) Developing, as necessary and as

permitted under 25 CFR 115, a one-time

or an annual distribution plan for funds

held in an IIM account along with any

amendments to the plan for approval by

the Bureau;

(iii) Monitoring the implementation of

the approved distribution plan to ensure

that the funds are expended in

accordance with the distribution plan;

(iv) Reviewing the supervised account

every 6 months or more often as

necessary if conditions have changed to

warrant a recommendation to change

the status of the account holder, or to

modify the distribution plan;

(v) Reviewing receipts for an account

holder’s expenses and verifying that

expenditures of funds from a supervised

IIM account were made in accordance

with the distribution plan approved by

the Bureau, including any amendments

made to the plan; and

(vi) Petitioning a court of competent

jurisdiction for the appointment of, or

change in, a legal guardian for a client,

where appropriate.

§ 20.404 What information is contained in

a social services assessment?

A social services assessment must

contain, but is not limited to, the

following:

(a) Identifying information about the

client (for example, name, address, age,

gender, social security number,

telephone number, certificate of Indian

blood, education level), family history

and medical history of the account

holder;

(b) Description of the household

composition: information on each

member of the household (e.g., name,

age, and gender) and that person’s

relationship to the client;

(c) The client’s current resources and

future income (e.g., VA benefits,

retirement pensions, trust assets,

employment income, judgment funds,

general assistance benefits,

unemployment benefits, social security

income, supplemental security income

and other governmental agency

benefits);

(d) A discussion of the circumstances

which justify special services, including

ability of the client to handle his or her

financial affairs and to conduct day-today living activities. Factors to be

considered should include, but are not

limited to:

(1) Age;

(2) Developmental disability;

(3) Chronic alcoholism or substance

abuse;

(4) Lack of family assistance or social

support systems, or abandonment;

(5) Self-neglect;

(6) Financial exploitation or abuse;

(7) Physical exploitation, neglect or

abuse;

(8) Senility; and

(9) Dementia.

63168 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

(e) Documentation supporting the

need for assistance (e.g., medical

reports, police reports, court orders,

letters from interested parties, prior

assessments or evaluations, diagnosis by

psychologist/psychiatrist); and

(f) Summary of findings and proposed

services to meet the identified needs of

the client.

Subpart E—Child Assistance

§ 20.500 Who is eligible for Child

Assistance?

A child is eligible for Child

Assistance under this subpart if all of

the following criteria are met:

(a) The child must meet the

requirements in § 20.300.

(b) The child’s legally responsible

parent, custodian/guardian, or Indian

court having jurisdiction must:

(1) Request assistance under this part

in writing;

(2) State that they are unable to

provide necessary care and guidance for

the child, or to provide for the child’s

special needs in his/her own home; and

(3) Provide a documented social

services assessment from the social

services worker of whether parent(s),

custodian, guardian(s) are able to care

for their child.

(c) All income accruing to the child,

except income exempted by federal

statute, must be used to meet the cost of

special needs, foster home or residential

care facility as authorized and arranged

by social services.

How Child Assistance Funds Can Be

Used

§ 20.501 What services can be paid for

with Child Assistance funds?

The social services program can use

Child Assistance funds to pay for

services as shown in the following table.

Service that can be paid Conditions that must be met Maximum payment level

(a) Room and board at residential care facilities

licensed by the tribe or state.

There must be no other resources available to

pay these costs. See § 20.502 for other

conditions that must be met.

The state or county residential care rate in the

state in which the child resides.

(b) Adoption or guardianship subsidies .............. There must be no other resources available to

pay for this service. See § 20.503 for other

conditions that must be met.

The Bureau’s maximum adoption and guardianship payment standard.

(c) Short-term homemaker services ................... There must be no other resources (such as

Medicaid) available to pay for this service.

Services can be purchased for a maximum

of 3 months. See § 20.504 for other conditions that must be met.

As approved by the Bureau line officer.

(d) Temporary foster care .................................. See § 20.509 for conditions that must be met The state or county foster care rate in the

state in which the child resides.

§ 20.502 Can Child Assistance funds be

used to place Indian children in residential

care facilities?

You, the social service program, can

use Child Assistance funds to purchase

or contract for room and board in

licensed residential care facilities.

(a) You can use Child Assistance

funds to pay only for room and board.

You must pay for other services that

may be needed, including mental

health, education, and physical therapy

from other sources.

(b) Before placement the various

funding sources must sign an agreement

that specifies the services each source

will pay. The Bureau Line Officer must

approve this agreement.

§ 20.503 When can Child Assistance funds

be used for Indian adoption or guardianship

subsidies?

You, the social services program, can

use Child Assistance funds to provide

either adoption or guardianship

subsidies if all of the following are true:

(a) The child is 17 or younger;

(b) The child has been in foster care

prior to approval of the subsidy;

(c) The social services worker has

considered all other available resources,

attempted permanency planning, and

documented in the case file that

placement was in the best interest of the

child; and

(d) The Bureau Line Officer approves

the subsidy before it is authorized and

redetermines eligibility on a yearly

basis.

§ 20.504 What short-term homemaker

services can Child Assistance pay for?

You, the social services program, can

use Child Assistance funds to pay for

homemaker services as specified in

§ 20.501 and this section. While

housekeeping services are covered,

homemaker services must focus on

training household members in such

skills as child care and home

management. Homemaker services are

provided for:

(a) A child who would otherwise need

foster care placement or who would

benefit from supportive (protective)

supervision;

(b) A severely handicapped or special

needs child whose care places undue

stress on the family; or

(c) A child whose care would benefit

from specialized training and

supportive services provided to family

members.

§ 20.505 What services are provided jointly

with the Child Assistance Program?

The services listed in this section are

provided by Services to Children,

Elderly, and Families under this subpart

jointly with the Child Assistance

Program.

(a) Social services provided for

children in their own home aimed at

strengthening the family’s ability to

provide for and nurture their child.

These supportive services can include:

(1) Social work case management;

(2) Counseling for parents and

children;

(3) Group work, day care; and

(4) Homemaker services, when

necessary.

(b) Protection of Indian children from

abuse, neglect or exploitation in

coordination with law enforcement and

courts.

(c) A written case plan must be

established within 30 days of placement

and reviewed within 60 days of

placement or as outlined in tribally

established standards, when temporary

placement outside the home is

necessary. The case plan must contain

a written agreement signed among the

various funding sources to identify the

services that will be paid by each source

in those instances where the child

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63169

requires services outside the authority

of the Child Assistance program.

Foster Care

§ 20.506 What information is required in

the foster care case file?

At a minimum the following

information is required:

(a) Tribal enrollment verification in

accordance with § 20.100;

(b) A written case plan (established

within 30 days of placement), which

would include a permanency plan

detailing the need for and expected

length of placement;

(c) Information on each child’s health

status and school records, including

medications and immunization records;

(d) Parental consent(s) for emergency

medical care, school, and

transportation;

(e) A signed plan for payment,

including financial responsibility of

parents and use of other appropriate

resources;

(f) A copy of the certification/license

of the foster home;

(g) A current photo of each child;

(h) A copy of the social security card,

birth certificate, Medicaid card and

current court order;

(i) For a placement beyond 30 days,

copy of the action taken or authorized

by a court of competent jurisdiction that

documents the need for protection of

the child;

(j) For an involuntary placement, a

social services assessment completed by

a social services worker within 30 days

of placement;

(k) Documentation of a minimum of

one visit to the placement setting per

month by the social services worker

with each child; and

(l) A list of all prior placements,

including the names of the foster

parents and dates of placements.

§ 20.507 What requirements must foster

care providers meet?

If a child needs foster care, the social

services worker must select care that

meets the physical, behavioral, and

emotional needs of the child. Foster care

is intended to be short-term. The case

plan must show that all of the

requirements in paragraphs (a) through

(c) of this section are met:

(a) All foster homes must be certified

or licensed by the tribe or other

appropriate authority. Foster care

placements beyond 30 days must be

made through a court of competent

jurisdiction to ensure that:

(1) Federal background checks are

completed prior to placement as

required by Public Law 101–630; and

(2) Training (optional for placements

with relatives) is provided to the foster

family.

(b) If the child is placed with relatives

in an adoption and guardian placement,

the case file must contain an approved

current home study.

(c) An off-reservation foster home, or

residential care facility under contract

must meet the licensing standards of the

state in which it is located or tribally

established certifying/licensing

standards.

§ 20.508 What must the social services

agency do when a child is placed in foster

care, residential care or guardianship

home?

The social services agency must make

efforts to secure child support for the

child in foster care or residential care

through a court of competent

jurisdiction.

§ 20.509 What must the social services

worker do when a child is placed in foster

care or residential care facility?

When a child is placed in foster care

or a residential care facility the social

services worker must do all of the

following:

(a) Discuss with foster parents or

caretakers, the child’s special needs,

including disabilities;

(b) Provide counseling or referral to

available resources;

(c) Refer any child requiring medical,

substance abuse, or behavioral (mental)

health services to an appropriate health

services to be assessed and to receive

services;

(d) Ensure that the case plan provides

for all necessary costs of care (including

clothing, incidentals, and personal

allowance) in accordance with

established state standards of payments;

(e) Develop a foster family agreement

signed and dated by the parties involved

that specifies the roles and

responsibilities of the biological parents,

foster parents, and placing agency; the

terms of payment of care; and the need

for adherence to the established case

plan;

(f) Immediately report any

occurrences of suspected child abuse or

neglect in a foster home or residential

care facility to law enforcement and

protective services in accordance with

tribal standards and reporting

requirements under Public Law 101–

630; and

(g) Complete a yearly assessment of

each tribal or state licensed foster home

or residential care facility evaluating

how the home has fulfilled its function

relative to the needs of the child placed

in the home.

§ 20.510 How is the court involved in child

placements?

The court retains custody of a child in

placement and the care and supervision

must be given to the appropriate social

services agency. While the court can

issue any court order consistent with

tribal law, the courts do not have the

authority to require expenditure of

federal funds to pay for specifically

prescribed or restrictive services or outof-home placements of children. Case

plans must be reviewed with the

appropriate court at least every 6

months and a permanency hearing held

within 12 months after a child enters

foster care or residential care, or

according to established tribal

standards. These standards can be

established in the tribal code and can be

in accordance with available funding

source requirements.

§ 20.511 Should permanency plans be

developed?

Permanency planning must be

developed for all child placements

within 6 months after initial placement

of the child. Every reasonable effort will

be made to preserve the family and/or

reunify the children with the family and

relatives when developing permanency

plans. However, the child’s health and

safety are the paramount concern.

§ 20.512 Can the Bureau/tribal contractors

make Indian adoptive placements?

The Bureau is not an authorized

adoption agency and staff must not

arrange adoptive placements. However,

long-term permanency planning can

involve the Bureau social services

workers cooperating with tribal courts

to provide an adoption subsidy. Tribal

contractors will provide adoption

services as authorized by the tribal

courts in accordance with tribal codes/

law.

§ 20.513 Should Interstate Compacts be

used for the placement of children?

Interstate compact agreements should

be used when appropriate for foster

care, adoption and guardianship to

protect the best interests of the child

and to assure the availability of the

funding resources and services from the

originating placement source.

§ 20.514 What assistance can the courts

request from social services on behalf of

children?

The courts can request the following:

(a) Investigations of law enforcement

reports of child abuse and neglect;

(b) Assessment of the need for out-ofhome placement of the child; and

(c) Provision of court-related services

following adjudication, such as

monitoring, foster care, or residential

care, or pre/post placement services.

63170 Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations

§ 20.515 What is required for case

management?

Social services workers must

document regular contact with children

and families in accordance with specific

program requirements. The social

services agency is responsible for

implementation of quality case

management; this requires the

supervisor’s review of case plans every

90 days.

§ 20.516 How are child abuse, neglect or

exploitation cases to be handled?

Reported child abuse, neglect or

exploitation cases and the requirement

for background clearances will be

handled in accordance with the Indian

Child Protection and Family Violence

Prevention Act of 1990, Public Law

101–630, 25 CFR part 63, federal and/

or state laws where applicable, and

tribal codes which protect Indian

children and victims of domestic

violence. This includes developing and

maintaining Child Protection Teams in

accordance to Public Law 101–630 and

collection of child abuse, neglect and

exploitation data according to Public

Law 99–570. Those cases referred by the

state will be handled according to the

Indian Child Welfare Act, Public Law

95–608, and 25 CFR part 23.

Subpart F—Administrative Procedures

§ 20.600 Who can apply for financial

assistance or social services?

(a) You can apply for financial

assistance or social services under this

part if you:

(1) Believe that you are eligible to

receive benefits; or

(2) Are applying on behalf of someone

who you believe is eligible to receive

benefits.

(b) Under paragraph (a) of this

section, any of the following may apply

for benefits on behalf of another person:

relatives, interested individuals, social

services agencies, law enforcement

agencies, courts, or other persons or

agencies.

§ 20.601 How can applications be

submitted?

You can apply for financial assistance

or social services under this part by:

(a) Completing an application that

you can get from your social services

worker or tribe; or

(b) Through an interview with a social

services worker who will complete an

application for you based on the oral

interview.

§ 20.602 How does the Bureau verify

eligibility for social services?

(a) You, the applicant, are the primary

source of information used to determine

eligibility and need. If it is necessary to

secure information such as medical

records from other sources, you must

authorize the release of information.

(b) You must immediately report to

your social services worker any changes

in circumstances that may affect your

eligibility or the amount of financial

assistance that you receive.

§ 20.603 How is an application approved

or denied?

(a) Each application must be approved

if the applicant meets the eligibility

criteria in this part for the type of

assistance requested. Financial

assistance will be made retroactive to

the application date.

(b) An application must be denied if

the applicant does not meet the

eligibility criteria in §§ 20.300 through

20.516.

(c) The Superintendent must approve

or deny an application within 30 days

of the application date. The local social

services worker must issue written

notice of the approval or denial of each

application within 45 days of the

application date.

(d) If for a good reason the

Superintendent cannot meet the

deadline in paragraph (c) of this section,

he or she must notify the applicant in

writing of:

(1) The reasons why the decision

cannot be made; and

(2) The deadline by which the

Superintendent will send the applicant

a decision.

§ 20.604 How is an applicant or recipient

notified that benefits or services are denied

or changed?

If the Bureau increases, decreases,

suspends, or terminates financial

assistance, the social services worker

must mail or hand deliver to the

applicant or recipient a written notice of

the action. The notice must:

(a) State the action taken, the effective

date, and the reason(s) for the decision;

(b) Inform the applicant or recipient

of the right to request a hearing if

dissatisfied with the decision;

(c) Advise the applicant or recipient

of the right to be represented by an

authorized representative at no expense

to the Bureau;

(d) Include the address of the local

Superintendent or his/her designated

representative to whom the request for

a hearing must be submitted;

(e) Advise the applicant or recipient

that failure to request a hearing within

20 days of the date of the notice will

cause the decision to become final and

not subject to appeal under 25 CFR part

2; and

(f) Be delivered to the applicant 20

days in advance of the effective date of

the action.

§ 20.605 What happens when an applicant

or recipient appeals a decision under this

subpart?

If you are an applicant or recipient

and appeal a decision made under

§ 20.604, you can continue to receive

your assistance while your appeal is

pending. For this to happen, you must

submit your appeal by the deadline in

§ 20.604(e).

§ 20.606 How is an incorrect payment

adjusted or recovered?

(a) When an incorrect payment of

financial assistance has been made to an

individual or family, a proper

adjustment or recovery is required.

(b) The proper adjustment or recovery

is based upon individual need as

appropriate to the circumstances that

resulted in an incorrect payment.

(c) Before adjustment or recovery, the

recipient will be notified of the proposal

to correct the payment and given an

informal opportunity to resolve the

matter.

(d) If an informal resolution cannot be

attained, the recipient must be given a

written notice of decision and the

procedures of § 20.604 will apply.

(e) If a hearing is requested, the

hearing will be conducted in accordance

with the procedures under §§ 20.700

through 20.705.

§ 20.607 What happens when applicants or

recipients knowingly and willfully provide

false or fraudulent information?

Applicants or recipients who

knowingly and willfully provide false or

fraudulent information are subject to

prosecution under 18 U.S.C. § 1001,

which carries a fine of not more than

$10,000 or imprisonment for not more

than 5 years, or both. The social services

worker will prepare a written report

detailing the information considered to

be false and submit the report to the

Superintendent or his/her designated

representative for appropriate

investigative action.

Subpart G—Hearings and Appeals

§ 20.700 Can an applicant or recipient

appeal the decision of a Bureau official?

Yes, if you are an applicant or

recipient, and are dissatisfied with a

Bureau decision made under this part,

you can request a hearing before the

Superintendent or his/her designated

representative. You must submit your

request by the deadline in § 20.604. The

Superintendent or his/her designated

representative can extend the deadline

if you show good cause.

Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / Rules and Regulations 63171

§ 20.701 Does an applicant or recipient

receive financial assistance while an appeal

is pending?

Yes, if you appeal under this subpart,

financial assistance will be continued or

reinstated to insure there is no break in

financial assistance until the

Superintendent or his/her designated

representative makes a decision. The

Superintendent or his/her designated

representative can adjust payments or

recover overpayments to conform with

his/her decision.

§ 20.702 When is an appeal hearing

scheduled?

The Superintendent or his/her

designated representative must set a

date for the hearing within 10 days of

the date of request for a hearing and give

written notice to the applicant or

recipient.

§ 20.703 What must the written notice of

hearing include?

The written notice of hearing must

include:

(a) The date, time and location of the

hearing;

(b) A statement of the facts and issues

giving rise to the appeal;

(c) The applicant’s or recipient’s right

to be heard in person, or to be

represented by an authorized

representative at no expense to the

Bureau;

(d) The applicant or recipient’s right

to present both oral and written

evidence during the hearing;

(e) The applicant’s or recipient’s right

to confront and cross-examine witnesses

at the hearing;

(f) The applicant’s or recipient’s right

of one continuance of not more than 10

days with respect to the date of hearing;

and

(g) The applicant’s or recipient’s right

to examine and copy, at a reasonable

time before the hearing, his/her case

record as it relates to the proposed

action being contested.

§ 20.704 Who conducts the hearing or

appeal of a Bureau decision or action and

what is the process?

(a) The Superintendent or his/her

designated representative conducts the

hearing in an informal but orderly

manner, records the hearing, and

provides the applicant or recipient with

a transcript of the hearing upon request.

(b) The Superintendent or his/her

designated representative must render a

written decision within 10 days of the

completion of the hearing. The written

decision must include:

(1) A written statement covering the

evidence relied upon and reasons for

the decision; and

(2) The applicant’s or recipient’s right

to appeal the Superintendent or his/her

designated representative’s decision

pursuant to 25 CFR part 2 and request

Bureau assistance in preparation of the

appeal.

§ 20.705 Can an applicant or recipient

appeal a tribal decision?

Yes, the applicant or recipient must

pursue the appeal process applicable to

the Public Law 93–638 contract, Public

Law 102–477 grant, or Public Law 103–

413 self-governance annual funding

agreement. If no appeal process exists,

then the applicant or recipient must

pursue the appeal through the

appropriate tribal forum.

Dated: October 12, 2000.

Kevin Gover,

Assistant Secretary—Indian Affairs.

[FR Doc. 00–26703 Filed 10–19–00; 8:45 am]

BILLING CODE 4310–02–P