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Title 45: Public Welfare
CHAPTER II: OFFICE OF FAMILY ASSISTANCE (ASSISTANCE PROGRAMS), ADMINISTRATION FOR CHILDREN AND FAMILIES, DEPARTMENT OF HEALTH AND HUMAN SERVICES
PART 286: TRIBAL TANF PROVISIONS
Subpart B: Tribal TANF Funding
286.30 - What is the process for retrocession of a Tribal Family Assistance Grant
(a) A Tribe that wishes to terminate its TFAG prior to the end of its three-year plan must?
(1) Notify the Secretary and the State in writing of the reason(s) for termination no later than 120 days prior to the effective date of the termination, or
(2) Notify the Secretary in writing of the reason(s) for termination no later than 30 days prior to the effective date of the termination, where such effective data is mutually agreed upon by the Tribe and the affected State(s).
(b) The effective date of the termination must coincide with the last day of a calendar month.
(c) For a Tribe that retrocedes, the provisions of 45 CFR part 92 will apply with regard to closeout of the grant. All unobligated funds will be returned by the Tribe to the Federal government.
(d) The SFAG will be increased by the amount of the TFAG available for the subsequent quarterly installment.
(e) A Tribe's application to implement a TANF program subsequent to its retrocession will be treated as any other application to operate a TANF program, except that we may take into account when considering approval?
(1) Whether the circumstances that the Tribe identified for termination of its TANF program remain applicable and the extent to which?
(i) The Tribe has control over such circumstances, and
(ii) Such circumstances are reasonably related to program funding accountability, and
(2) Whether any outstanding funds and penalty amounts are repaid.
(f) A Tribe which retrocedes a Tribal TANF program is responsible for:
(1) Complying with the data collection and reporting requirements and all other program requirements for the period before the retrocession is effective;
(2) Any applicable penalties (see subpart D) for actions occurring prior to retrocession; the provisions of 45 CFR Part 92 and OMB Circulars A-87 and A-133;
(3) compliance with other Federal statutes and regulations applicable to the TANF program; and
(4) any penalties resulting from audits covering the period before the effective date of retrocession.
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