‘‘SEC. 479B. PROGRAMS OPERATED BY INDIAN TRIBAL OR-
GANIZATIONS. 
‘‘(a) APPLICATION.—Except as provided in sub-
section (b), this part shall apply to an Indian tribe that 
elects to operate a program under this part in the same 
manner as this part applies to a State. 
‘‘(b) MODIFICATION OF PLAN REQUIREMENTS.—
‘‘(1) IN GENERAL.—In the case of an Indian 
tribe submitting a plan for approval under section 
471, the plan shall—
‘‘(A) in lieu of the requirement of section 
471(a)(3), identify the service area or areas and 
population to be served by the Indian tribe; and 
‘‘(B) in lieu of the requirement of section 
471(a)(10), provide for the approval of foster 
homes pursuant to tribal standards and in a 
manner that ensures the safety of, and account-
ability for, children placed in foster care. 
‘‘(2) DETERMINATION OF FEDERAL SHARE.—
‘‘(A) PER CAPITA INCOME.—
‘‘(i) IN
GENERAL.—For purposes of 
determining the Federal medical assistance 
percentage applicable to an Indian tribe 
under paragraphs (1) and (2) of section 
474(a), the calculation of an Indian tribe’s 
per capita income shall be based upon the
service population of the Indian tribe as 
defined in its plan in accordance with 
paragraph (1)(A). 
‘‘(ii) CONSIDERATION OF OTHER IN-
FORMATION.—An Indian tribe may submit 
to the Secretary such information as the 
Indian tribe considers relevant to the cal-
culation of the per capita income of the In-
dian tribe, and the Secretary shall consider 
such information before making the cal-
culation. 
‘‘(B) ADMINISTRATIVE
EXPENDITURES.—
The Secretary shall, by regulation, determine 
the proportions to be paid to Indian tribes pur-
suant to section 474(a)(3), except that in no 
case shall an Indian tribe receive a lesser pro-
portion than the corresponding amount speci-
fied for a State in that section. 
‘‘(C) 
SOURCES
OF
NON-FEDERAL 
SHARE.—An Indian tribe may use Federal or 
State funds to match payments for which the 
Indian tribe is eligible under section 474. 
‘‘(3) MODIFICATION
OF
OTHER
REQUIRE-
MENTS.—Upon the request of an Indian tribe or 
tribes, the Secretary may modify any requirement
under this part if, after consulting with the Indian 
tribe or tribes, the Secretary determines that modi-
fication of the requirement would advance the best 
interests and the safety of children served by the In-
dian tribe or tribes. 
‘‘(4) CONSORTIUM.—The participating Indian 
tribes of an intertribal consortium may develop and 
submit a single plan under section 471 that meets 
the requirements of this section. 
‘‘(c) COOPERATIVE AGREEMENTS.—An Indian tribe 
or intertribal consortium and a State may enter into a 
cooperative agreement for the administration or payment 
of funds pursuant to this part. In any case where an In-
dian tribe or intertribal consortium and a State enter into 
a cooperative agreement that incorporates any of the pro-
visions of this section, those provisions shall be valid and 
enforceable. Any such cooperative agreement that is in ef-
fect as of the date of enactment of this section, shall re-
main in full force and effect subject to the right of either 
party to the agreement to revoke or modify the agreement 
pursuant to the terms of the agreement. 
‘‘(d) REGULATIONS.—Not later than 1 year after the 
date of enactment of this section, the Secretary shall, in 
full consultation with Indian tribes and tribal organiza-
tions, promulgate regulations to carry out this section.
‘‘(e) DEFINITIONS OF INDIAN TRIBE; TRIBAL ORGA-
NIZATIONS.—In this section, the terms ‘Indian tribe’ and 
‘tribal organization’ have the meanings given those terms 
in subsections (e) and (l) of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 
450b), respectively.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section take effect on the date of enactment of this 
Act without regard to regulations to implement such 
amendments being promulgated by such date.
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