Elimination of the Tribal Non-Federal Share Requirement, 24526-24535 [2023-07861]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Administration for Children and Families

[Federal Register Volume 88, Number 77 (Friday, April 21, 2023)]
[Proposed Rules]
[Pages 24526-24535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07861]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Parts 309 and 310

RIN 0970-AC99


Elimination of the Tribal Non-Federal Share Requirement

AGENCY: Office of Child Support Enforcement (OCSE), Administration for 
Children and Families (ACF), Department of Health and Human Services 
(HHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: OCSE proposes to eliminate the non-Federal share of program 
expenditures requirement for Tribal child support enforcement programs 
including the 90/10 and 80/20 cost sharing rates. Based upon the 
experiences of and consultations with Tribes and Tribal organizations, 
we have determined that the non-Federal share requirement limits 
growth, causes disruptions, and creates instability.

DATES: Consideration will be given to written comments on this notice 
of proposed rulemaking (NPRM) received on or before June 20, 2023.

ADDRESSES: You may submit comments, identified by [docket number and/or 
Regulatory Information Number (RIN) number], by one of the following 
methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Written comments may be submitted to: Office of 
Child Support Enforcement, Attention: Director of Policy and Training, 
330 C Street SW, Washington, DC 20201.
    Instructions: All submissions received must include the agency name 
and docket number or RIN for this rulemaking. All comments received 
will be posted without change to https://www.regulations.gov, including 
any personal information provided.

FOR FURTHER INFORMATION CONTACT: Chad Sawyer, Senior Policy Specialist, 
OCSE Division of Policy and Training, at [email protected] or (202) 
774-2323. Deaf and hearing impaired individuals may call the Federal 
Dual Party Relay Service at 1-800-877-8339 between 8 a.m. and 7 p.m. 
Eastern Time.

SUPPLEMENTARY INFORMATION:

Submission of Comments

    Comments should be specific, address issues raised by the proposed 
rule, and explain reasons for any objections or

[[Page 24527]]

recommended changes. Additionally, we will be interested in comments 
that indicate agreement with the proposal. We will not acknowledge 
receipt of the comments we receive. However, we will review and 
consider all comments that are germane and received during the comment 
period. We will respond to comments in the preamble to the final rule.

Public Consultations

    To obtain the broadest public participation possible on the 
proposed rule, OCSE conducted a combination public face-to-face and 
virtual Tribal Consultation on April 6, 2023. The importance of 
consultation with Indian Tribes was affirmed through Presidential 
Memoranda in 1994, 2004, 2009, 2021, and 2022 and Executive Order 13175 
in 2000.
    We published a Tribal Dear Colleague Letter (TDCL-23-02) with the 
specific location, date, and time of the consultation, and disseminated 
notices to all comprehensive and start-up Tribal child support 
enforcement programs. Additionally, OCSE collaborated with the 
Administration for Children and Families, Administration for Native 
Americans, and National Association of Tribal Child Support Directors 
to disseminate the letter to Tribes and Tribal organizations that do 
not have a child support enforcement program.
    At the consultation, Tribal leaders or their designees in 
attendance made oral presentations and/or provided written comments for 
the record if they chose. After the publication of the proposed rule in 
the Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions, 
OCSE received supportive written comments from States and Tribal child 
support enforcement programs.
    We encouraged persons who made oral presentations at the 
consultation to also submit written comments in support of their 
presentations. Testimonies were recorded and will be included in the 
public record of comments on the proposed rule.

Prior Consultations

    45 CFR 309.130(d) requires a Tribe or Tribal organization \1\ to 
provide a non-Federal share of program expenditures in the amount of 10 
percent during the first 3 years of operation and 20 percent during 
subsequent years. Since the inception of the Tribal Child Support 
Enforcement Program, Tribes and Tribal organizations have submitted 
oral and written feedback, testimony, and blanket waiver requests 
regarding the non-Federal share requirement and cost sharing rates. The 
non-Federal share requirement and rates have been longstanding issues 
discussed at Tribal Consultations and OCSE listening sessions with 
Tribal child support directors.
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    \1\ See 45 CFR 309.05 for the definition of Tribe and Tribal 
organization.
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    In August 2011, one Tribe submitted testimony at the ACF Tribal 
Consultation regarding the non-Federal share requirement. The Tribe 
expressed that the cost sharing requirement was unreasonable since they 
had no land base, virtually no resources to provide any financial 
profit, and no taxable income to use for the non-Federal share. In the 
March 2012 ACF Tribal Consultation, another Tribe provided comments 
that they lacked a land base to meet the non-Federal share requirement. 
In April 2019, three Tribes and the National Association of Tribal 
Child Support Directors submitted testimony at the HHS Tribal Budget 
Consultation and requested consultation on the non-Federal share 
requirement. In September 2019, the non-Federal share requirement was 
on the 2019 ACF Tribal Consultation agenda. During the 2019 ACF Tribal 
Consultation, 20 Tribes provided testimony discussing the challenges 
they encounter in providing 20 percent of the approved and allowable 
program expenditures every fiscal year (FY). They described how the 
requirement limits growth, causes disruptions, and creates instability 
in their child support enforcement programs. For example, they 
mentioned competing with other Tribal departments for limited resources 
to operate their programs and having to make difficult budget and 
service reductions, despite the complex and growing needs of their 
communities. The 2019 ACF consultation also included Tribal written 
testimony requesting the repeal of the non-Federal share requirement. 
During the 2020 ACF Tribal Consultation, 2021 HHS Regional 
Consultation, and 2021 HHS Tribal Budget Consultation, Tribes continued 
to discuss their problems with meeting the non-Federal share, reiterate 
their request for an expedited resolution, and recommend the 
elimination of the non-Federal share requirement.
    In addition to Tribal Consultations, OCSE conducted many virtual 
and in-person listening sessions with Tribal child support enforcement 
programs, held separately or in conjunction with Tribal child support 
enforcement conferences or association meetings. At these sessions, 
Tribes and Tribal organizations described the difficulties of providing 
the non-Federal share through cash or in-kind contributions during the 
first 3 years and thereafter. The issue of meeting the non-Federal 
share has also been raised multiple times at the ACF Tribal Advisory 
Committee meetings. Tribal leaders have asked for the elimination of 
the non-Federal share requirement during these meetings.
    OCSE received several requests for blanket waivers of the non-
Federal share of program expenditures that were beyond the waiver 
authority under 45 CFR 309.130(e). In 2016, 10 Tribes submitted a 
request for a blanket waiver based on the Tribal waiver provision in 
the HHS Tribal Consultation Policy. Also, in 2016, the National 
Association of Tribal Child Support Directors and the National Tribal 
Child Support Association submitted separate but similar letters to 
OCSE requesting a blanket waiver for the same reasons discussed in the 
Tribal requests. The 12 blanket waiver requests indicated that the non-
Federal share requirement was disruptive and posed hardships. The 
requests also indicated that the non-Federal share requirement did not 
adequately reflect consultation, circumstances unique to Tribal 
communities, or authorizing statute that permits funding for Tribal 
child support enforcement programs. Specifically, they argued that 
section 455(f) of the Social Security Act (the Act) does not impose a 
match requirement and, therefore, OCSE should not impose one through 
regulation. Most recently, in FY 2022, a Tribe requested a blanket 
waiver for their child support program and for other programs based on 
the waiver flexibilities contained in Executive Order 13132.
    OCSE denied all the blanket waiver requests of the non-Federal 
share of program expenditures in accordance with 45 CFR 309.130(e). 
Section 309.130(e) describes the circumstances and criteria for 
requesting a temporary waiver of the non-Federal share requirement. 
This regulation is binding on OCSE and does not permit blanket waivers. 
The Tribal waiver provisions under the HHS Tribal Consultation Policy 
and Executive Order 13132 are limited ``to the extent practicable and 
permitted by law.'' Given this limitation, OCSE had no authority to 
grant blanket waivers.

Statutory Authority

    This NPRM is published in accordance with section 455(f) of the 
Social Security Act (the Act) (42 U.S.C. 655(f)). Section 455(f) of the 
Act requires the Secretary to issue regulations governing the grants to 
Tribes and Tribal organizations operating child support enforcement 
programs.

[[Page 24528]]

    This proposed rule is also published under the authority granted to 
the Secretary of Health and Human Services by section 1102 of the Act 
(42 U.S.C. 1302). Section 1102 of the Act authorizes the Secretary to 
publish regulations, not inconsistent with the Act, as may be necessary 
for the efficient administration of the functions with which the 
Secretary is responsible under the Act.

Background

    The Child Support Enforcement Program was established in 1975 under 
Title IV-D of the Social Security Act. It functions in all states and 
several Tribes and territories. State and Tribal child support 
enforcement programs locate noncustodial parents, establish paternity, 
establish and enforce support orders, modify orders when appropriate, 
collect and distribute child support payments, and refer parents to 
other services. They help to ensure that noncustodial parents provide 
financial support for their children. Child support payments play an 
important role in reducing child poverty, lifting nearly three-quarters 
of a million families out of poverty in 2017.\2\
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    \2\ See Assistant Secretary for Planning and Evaluation, Fact 
Sheet: Approaches for engaging fathers in child support programs 
(October 2021), available at https://aspe.hhs.gov/reports/father-engagement-child-support.
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    Prior to the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act (PRWORA) of 1996 (Pub. L. 104-193), 
title IV-D of the Act did not include direct funding for Tribes and 
Tribal organizations seeking to operate their own child support 
enforcement programs. Indirect Federal funding was available for a 
Tribe or Tribal organization that entered into cooperative agreements 
with a state and the state delegated functions of their child support 
program to the Tribe or Tribal organization. PRWORA amended section 
455(f) of the Act and authorized the Secretary to provide direct 
funding to Tribes and Tribal organizations to operate child support 
enforcement programs under title IV-D and to promulgate implementing 
regulations. Implementing regulations are contained in 45 CFR parts 309 
and 310.
    On August 21, 2000, OCSE published the NPRM for the Tribal Child 
Support Enforcement Program (65 FR 50800). Prior to publishing the 
NPRM, OCSE conducted numerous consultations, including a series of six 
Nation-to-Nation consultations with Tribes, Tribal organizations, and 
other interested parties across the country (65 FR 50804). OCSE also 
set up a toll free ``800'' number to allow for additional comments and 
input by Tribes and solicited further input from previous consultation 
participants to help OCSE understand the issues raised during the 
consultation process.
    The NPRM proposed requirements that Tribes and Tribal organizations 
must meet to be eligible for title IV-D funding and provided guidance 
on how they could apply for and, upon approval, receive direct funding 
for the operation of their child support program (65 FR 50800). Based 
upon Tribal recommendations during the consultations, OCSE used the 
state child support enforcement program as a model but eased the 
technical requirements applicable to the states in recognition of the 
unique circumstances of Tribes and Tribal organizations (65 FR 50804). 
As such, the NPRM included a substantially lower cost sharing rate than 
is required of the states under title IV-D (65 FR 50823).
    The NPRM stated that OCSE considered several different funding 
approaches that controlled costs, including performance-based funding, 
funding based on cost per child to operate the program, capping certain 
costs, and state-cost based funding (65 FR 50823). OCSE engaged in 
extensive deliberations over the issue of funding for Tribal child 
support enforcement programs. After careful consideration of the 
advantages and disadvantages of each cost control funding approach, 
ultimately, the Secretary proposed open-ended funding with a Tribal 
match (65 FR 50823). The NPRM proposed that Tribes and Tribal 
organizations provide a 10 percent match during the start-up period and 
first 3 years of operation, with the match increasing to 20 percent 
thereafter (65 FR 50823). The NPRM also included a waiver provision 
allowing the Secretary to waive the non-Federal share for Tribes and 
Tribal organizations that lacked sufficient resources and met certain 
specific criteria (65 FR 50823). Additionally, the NPRM indicated that 
``if the Secretary determines based on experience and consultation with 
Tribes that the 80/20 match rate is disruptive to the program and 
imposes hardship to Tribes, the regulations will be revised 
accordingly'' (65 FR 50823).
    The Tribal Child Support Enforcement Program final rule was 
promulgated on March 30, 2004 (hereinafter final rule) and included a 
revised cost sharing provision (69 FR 16638). In the final rule, OCSE 
indicated that it received numerous comments from Tribes objecting to 
the cost sharing requirement. In response, OCSE again expressed concern 
regarding the control of costs in the Tribal child support enforcement 
program, stating that ``unlike other Tribal grant programs, the funding 
for Tribal IV-D programs are not sum certain grants,'' meaning a 
specified and set amount of funds (69 FR 16667). OCSE further stated 
that the cost sharing requirement was maintained after determining 
``that a non-Federal share in expenditures is necessary, based on the 
principle that better programs and better management result when local 
resources are invested'' (69 FR 16667). However, in response to 
comments, the match requirement was changed to allow 100 percent 
funding during the start-up period, not to exceed 2 years, and, capped 
at $500,000 per 45 CFR 309.130(c)(1). OCSE noted that the non-Federal 
match for start-up costs was eliminated in recognition that ``Tribes 
just beginning title IV-D child support enforcement may have very 
limited funds for this activity'' (69 FR 16646).
    In accordance with 45 CFR 309.10(a) and (b), to apply for and 
receive Federal funding to operate a Tribal child support enforcement 
program, a Tribe or Tribal organization must have at least 100 children 
under the age of majority as defined by Tribal law or code, in the 
population subject to the jurisdiction of the Tribal court or 
administrative agency. The age of majority is the age at which a person 
is considered an adult, which is typically 18 years old. The 
requirement to have at least 100 children under the age of 18 years old 
helps to ensure that Tribes and Tribal organizations will have enough 
potential child support cases to be cost effective. However, 45 CFR 
309.10(c) permits a waiver of this requirement when a Tribe or Tribal 
organizations submits a request with the required information 
demonstrating that it can provide the services required under 45 CFR 
part 309 in a cost-effective manner even though the population subject 
to Tribal jurisdiction includes fewer than 100 children.
    The Tribal child support enforcement program regulation permits 
Federal funding in two ways. When Tribes or Tribal organizations do not 
meet the regulatory requirements to operate a child support enforcement 
program, they may apply for start-up funding in accordance with 45 CFR 
309.16. Start-up funding enables Tribes and Tribal organizations with 
the basic governmental and administrative capabilities to work towards 
meeting the requirements to operate a child support enforcement program 
in accordance with the regulation. The start-up application must 
include a program development plan, detailing the specific steps a 
Tribe or Tribal organization will

[[Page 24529]]

take to become compliant with the requirements of 45 CFR 309.65(a), and 
the timeframe associated with each step. Federal funding for start-up 
costs is limited to $500,000, which must be used within two years after 
the first day of the quarter after the start-up application was 
approved, in accordance with 45 CFR 309.16(c).
    When Tribes or Tribal organizations determine that they meet the 
regulatory requirements to operate a child support enforcement program, 
they may apply for comprehensive funding in accordance with 45 CFR 
309.15. The application must include a Tribal IV-D plan that 
demonstrates compliance with the 14 required elements described in 45 
CFR 309.65(a). For example, a Tribe must have procedures to accept all 
applications, safeguard personal and confidential information, and 
locate noncustodial parents and their assets. During the first 3 years 
of operating a child support program, Tribes or Tribal organizations 
receive Federal grant funds equal to 90 percent of the total amount of 
approved and allowable expenditures, in accordance with 45 CFR 
309.130(c)(2). During the fourth year and subsequent years, Tribes or 
Tribal organizations receive Federal grant funds equal to 80 percent of 
the total amount of approved and allowable expenditures, in accordance 
with 45 CFR 309.130(c)(3). Tribes and Tribal organizations must provide 
the non-Federal share of program expenditures, either 10 percent or 20 
percent, with cash or in-kind contributions pursuant to 45 CFR 
309.130(d).
    45 CFR 309.130(e) permits, under certain circumstances, a temporary 
waiver of part or all of the non-Federal share of program expenditures. 
This provision includes two types of temporary waiver requests that a 
Tribe or Tribal organization may submit for consideration: 
``anticipated temporary waiver request'' and ``emergency waiver 
request.'' Both waiver requests must be submitted in accordance with 
the procedures specified in 45 CFR 309.130(e)(2) through (4). These 
procedures require the submission of extensive information and 
documentation to demonstrate the temporary lack of resources and 
justify the waiver request.
    Under 45 CFR 309.130(e)(1)(i), when Tribes or Tribal organizations 
anticipate that they will be temporarily unable to contribute part or 
all of the required non-Federal share of program funding, they must 
submit an anticipated temporary waiver request. The anticipated waiver, 
due no later than 60 days before the start of the funding period, is 
more restrictive because untimely or incomplete requests will not be 
considered, in accordance with 45 CFR 309.130(e)(1)(i). Many Tribal 
child support enforcement programs have been denied anticipated waivers 
because of untimely or incomplete requests. An untimely anticipated 
waiver request means a Tribe submitted the request after the deadline 
of August 1 pursuant to 45 CFR 309.130(e)(1)(i). An incomplete 
anticipated waiver request means a Tribe did not include all the 
information required by 45 CFR 309.130(e)(2) through (4), such as 
portions of the Tribal budget sufficient to demonstrate the extent of 
the funding shortfall and uncommitted funds.
    Under 45 CFR 309.130(e)(1)(ii), after the start of the funding 
period, if an emergency situation occurs, such as a hurricane or flood, 
that warrants a waiver of the non-Federal share of program 
expenditures, Tribes or Tribal organizations may submit an emergency 
waiver request. Over the years, the emergency waiver has been requested 
more frequently than the anticipated waiver for a number of reasons, 
most recently due to natural disasters and public health emergencies.

Justification

    The purpose of this proposed rule is to eliminate the non-Federal 
share requirement for Tribal child support enforcement programs because 
it limits growth, causes disruptions, and creates instability. The 
proposed rule reflects OCSE's comment in the 2000 NPRM that the 
matching requirement would be revised accordingly if the Secretary 
determines, based on experience gained through operations of Tribal 
child support enforcement programs and consultation with Tribes, that 
the 80/20 match rate is disruptive to the program and imposes hardship 
to Tribes (65 FR 50823). The proposed rule also responds to feedback 
and recommendations submitted during Tribal Consultations and OCSE 
listening sessions about the hardship of meeting the non-Federal share 
requirement.
    Tribal child support enforcement programs are beneficial for Tribal 
Nations, particularly given their ability to provide services to 
families in a manner that is consistent with tribal values and 
cultures. For example, Tribes or Tribal organizations exercise their 
sovereignty over their members, ensure parental responsibility, 
increase family disposable income, incorporate Tribal culture and 
traditions, offer unique services like non-cash support, and reduce the 
need for other supportive services such as Temporary Assistance for 
Needy Families (TANF). In FY 2021, Tribal child support enforcement 
programs collected $53 million in child support payments and 97 percent 
went to families.\3\ Native American children in Tribal areas with 
child support enforcement programs are in great need of child support, 
especially since 53 percent of Native American children in these areas 
lived in single-parent families.\4\ According to data from the 2015 
American Community Survey, nearly one-third of Native Americans living 
in Tribal areas with a child support program lived below the poverty 
line in 2015 (that year, the poverty line for a family of three was 
$20,090).\5\ This poverty rate was more than twice the poverty rate for 
Americans in general (15 percent). Particularly stark is the poverty 
rate among Native American children living in these areas, which was 40 
percent.\6\
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    \3\ See OCSE 2021 Tribal Infographic at https://www.acf.hhs.gov/sites/default/files/documents/ocse/tribal_infographic_2021.pdf.
    \4\ See OCSE Exploring Tribal Demographic Data: Part Two at 
https://www.acf.hhs.gov/css/ocsedatablog/2023/01/exploring-tribal-demographic-data-part-two.
    \5\ See OCSE Exploring Tribal Demographic Data: Part One at 
https://www.acf.hhs.gov/css/ocsedatablog/2022/11/exploring-tribal-demographic-data-part-one.
    \6\ Id.
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    Tribal child support enforcement programs are also beneficial for 
states, specifically in enforcing state child support orders and 
collecting child support payments in intergovernmental cases. 45 CFR 
309.120(a) requires a Tribal child support enforcement program to 
extend the full range of services to respond to all requests from, and 
cooperate with, state and other Tribal child support enforcement 
programs. This includes recognizing and enforcing child support orders 
issued by a state or another Tribe or Tribal organization, in 
accordance with 45 CFR 309.120(b). For example, when a Tribal child 
support enforcement program receives a request for assistance from a 
state, they register the state child support order in Tribal court and 
enforce it. Then the Tribe collects the child support payment from the 
noncustodial parent and sends it to the state in accordance with 45 CFR 
309.115(d). Without this assistance from Tribal child support 
enforcement programs, states are, for the most part, unable to collect 
child support payments because they lack jurisdiction to enforce their 
child support orders in Tribal Nations. In FY 2021, Tribal child 
support enforcement programs collected and sent $11 million in child 
support

[[Page 24530]]

payments to states, other Tribes, and countries.\7\
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    \7\ See OCSE 2021 Tribal Infographic at https://www.acf.hhs.gov/sites/default/files/documents/ocse/tribal_infographic_2021.pdf.
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    Yet, to date, few Tribes and Tribal organizations operate child 
support enforcement programs, although funding was authorized 18 years 
ago. Out of the 574 federally recognized Tribes, only 60 operate Tribal 
child support enforcement programs despite the flexible eligibility 
requirements to receive program funding.\8\ A majority of the Tribal 
child support enforcement programs were established between 2008 and 
2014. In the past 5 years, only one Tribal child support enforcement 
program was established. Currently, there is only one Tribe in the 
start-up phase, completing the necessary work to meet the regulatory 
requirements to operate a Tribal child support enforcement program. 
OCSE has heard that the non-Federal share requirement is a major 
barrier preventing Tribes and Tribal organizations from applying for 
program funding, despite the need for Tribal child support enforcement 
services. For example, during the 2019 ACF Tribal Consultation, one 
Tribe testified that they had been considering adding a child support 
program; however, hearing all the testimony with concerns about the 
non-Federal share requirement dissuaded them from starting one. This 
testimony mirrors comments OCSE staff have heard from prospective 
Tribes during presentations or conversations about the Tribal child 
support enforcement program.
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    \8\ See U.S. Department of Interior Indian Affairs Tribal Leader 
Directory at https://www.bia.gov/service/tribal-leaders-directory.
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    Many Tribes and Tribal organizations face systemic, historical, and 
ongoing issues that impact their ability to meet the non-Federal 
share.\9\ For example, some Tribes have high rates of unemployment and 
families living below the poverty level, have limited and vulnerable 
Tribal enterprises that generate revenue, are in rural underdeveloped 
communities, are exposed to greater environmental threats, and lack 
robust economies. In fact, 45 CFR 309.130(e)(4) includes some of these 
same issues that impact a Tribe's ability to meet the non-Federal share 
and support a request to waive this requirement. Additionally, most 
Tribal child support directors have indicated that they often compete 
with other Tribal departments and programs to obtain limited Tribal 
government funding. Economic downturns and disasters in Tribal Nations 
reduce these limited government funds even further and force Tribal 
officials to make tough decisions about how to allocate and use funds 
and resources. These issues, at least in part, make the non-Federal 
match too burdensome.
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    \9\ See U.S. Commission on Civil Rights, Broken Promises: 
Continuing Federal Funding Shortfall for Native Americans (December 
2018), available at https://www.usccr.gov/files/pubs/2018/12-20-Broken-Promises.pdf.
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    Federal laws regarding real property exacerbate the burden by 
restricting how Tribes and Tribal organizations can claim Tribally 
owned property as part of their non-Federal share of program 
expenditures. Many Tribal child support enforcement programs are housed 
in Tribally owned property. When an entity owns a building and/or 
office space and it is claimed or contributed to the award, 45 CFR 
75.436 requires that the building and/or office space must be valued 
using depreciation, whether claimed as an administrative cost or for 
cost sharing purposes. Depreciation must be computed in accordance with 
45 CFR 75.436(d). This means that the Tribal property cannot be 
assessed at the fair market value as if the Tribal child support 
enforcement program is renting or leasing it. As such, Tribal child 
support enforcement programs claim depreciation, maintenance, and 
insurance (OCSE-IM-20-05). For these Tribes, using depreciated value 
may be substantially less than using fair market value for a tribally 
owned property or office space.
    Even if a Tribe or Tribal organization operates a child support 
enforcement program, the non-Federal match requires the program be 
limited in other ways, which negatively impacts vulnerable Tribal 
families and children. Meeting the non-Federal share disproportionately 
drives programmatic and fiscal decisions. For example, most Tribal 
child support enforcement programs use incurred cost from Tribal court 
personnel who process child support cases as part of their contribution 
toward the non-Federal share. The number of such cases fluctuates and 
relies on parents attending court hearings, which may pose a burden on 
parents with low incomes, transportation challenges, or disabilities. 
Most Tribal child support directors have indicated that they had to 
defer filling vacancies, performing automation or system upgrades, and 
paying for required security assessments to access the Federal Parent 
Locator Service, which helps in locating noncustodial parents and their 
assets. Some Tribal child support directors have also indicated that 
they have delayed acquiring any system automation due to the cost and 
subsequently their proportionate non-Federal share and are, instead, 
using Microsoft tools such as Word and Excel to manage their caseloads. 
As a result, many Tribal child support enforcement programs struggle to 
operate with resource deficits.
    These resource deficits prevent some Tribal programs from expanding 
beyond the delivery of core child support services, such as 
establishing paternity and locating noncustodial parents and their 
assets. Many cannot provide intensive case management for low-income 
noncustodial parents due to staffing shortages. Intensive case 
management is used to identify barriers to paying child support, make 
appropriate referrals, monitor compliance and outcomes, and collaborate 
with other social service programs to ensure noncustodial parents 
receive services that help them become responsible parents and pay 
consistent and reliable child support. Many also lack the resources to 
pursue discretionary, competitive grant opportunities awarded under 
section 1115 of the Act, which promote innovation and research. Using 
funds from section 1115(a) of the Act, OCSE offers grant opportunities 
periodically, based on available funding each year, to state and Tribal 
child support enforcement programs, or their state umbrella agencies. 
Section 1115 demonstration grants must be used for research and to 
improve the child support enforcement program. Each funding opportunity 
is unique, and applications must respond to the outlined project goals 
and requirements in the announcement.
    During Tribal Consultations and listening sessions, many Tribal 
child support enforcement programs have expressed their fears about 
closing their child support program because they cannot provide the 
required non-Federal share. When a Tribe cannot afford the non-Federal 
share and does not obtain a waiver of this requirement, they do not 
receive any Federal funds to operate their child support enforcement 
program. Consequently, they are forced to close their program and may 
refer their Tribal parents to another Tribe for child support services. 
In FY 2017, a Tribe closed their child support enforcement program 
because they were unable to meet the non-Federal share of program 
expenditures. In the Tribe's letter regarding the closure of their 
program, they shared that the match contribution for a Tribal child 
support enforcement program is a barrier for any Tribe to be 
successful. In the FYs 2020, 2021, and 2022 waiver requests, most 
Tribes and Tribal organizations indicated they were in jeopardy of

[[Page 24531]]

shutting down without a waiver of part or all of the required non-
Federal share. They indicated that they were unclear when Tribal 
enterprises, which were already vulnerable before the economic 
downturn, would recover and generate enough revenue to help them meet 
the non-Federal share. Additionally, although 45 CFR 309.75(e) permits 
Tribal child support enforcement programs to charge an application fee 
or recover costs, most Tribes and Tribal organizations do not charge 
fees or recover costs since many Tribal families are low income. 
Therefore, they do not generate program income that could be used for 
the non-Federal share.
    Temporary waivers of the non-Federal share of program expenditures 
do not provide a sufficient or permanent solution. Although 45 CFR 
309.130(e)(4) identifies issues faced by most Tribes and Tribal 
organizations, such as little or no economic development, it also 
requires documentary evidence to support statements about how these 
issues impact meeting the non-Federal share. Meeting these requirements 
in annual applications for a waiver due to intractable economic reasons 
or for unforeseen emergencies imposes a significant administrative and 
paperwork burden for Tribal child support enforcement programs. It 
requires Tribes and Tribal organizations to redirect time and resources 
away from administering their programs and meeting the pressing needs 
of their communities when they are often already under resourced. Over 
the years, many Tribal child support enforcement programs have 
indicated that they have not applied for a waiver due to the extensive 
submission procedures, which act as barriers to accessing relief. In 
response, Tribes submitted blanket waiver requests, as indicated 
previously, to make these waivers of the non-Federal share more 
accessible and effective over multiple fiscal years.
    Until recently, OCSE received and approved very few waiver 
requests. For example, between FYs 2016 and 2019, OCSE granted 10 
waivers of the non-Federal share. Beginning in 2020 due to the declared 
national public health emergency for the COVID-19 pandemic, OCSE 
provided flexibilities for emergency waiver submissions, which 
encouraged more Tribes and Tribal organizations to apply. Under the 
pandemic flexibilities, OCSE understood that Tribal child support 
enforcement programs were unable to provide a portion of their Tribal 
budget or make attempts to secure the necessary funds and in-kind 
contributions from other sources in accordance with 45 CFR 
309.130(e)(2)(iii) and (v). As a result, OCSE approved waivers in 
larger numbers: 31 in FY 2020, 27 in FY 2021, and 12 in FY 2022. The 
emergency waiver flexibilities will end when the COVID-19 Public Health 
Emergency ends on May 11, 2023 (see OCSE-DCL-23-04). But the need for 
these waivers was not just due to the pandemic. Instead, the pandemic 
exacerbated and highlighted longstanding difficulties with meeting the 
non-Federal share. Tribes and Tribal organizations may be unable to 
overcome the procedural barriers to apply for and receive a waiver and 
may have to terminate their child support enforcement program if they 
are unable to provide the non-Federal share or receive a waiver. 
Eliminating the non-Federal share will provide a permanent solution to 
the administrative burdens, access barriers, and limited effect of the 
temporary waivers.
    Waiver requests also impose an administrative burden on OCSE, 
without providing a long-term solution. By eliminating the non-Federal 
share requirement, OCSE can better use its expertise, resources, and 
efforts to build collaborative, government-to-government relationships 
with Tribes and Tribal organizations to foster innovation, engage in 
human centered design projects, and focus on topics that advance 
program priorities and improve outcomes for recipients of Tribal child 
support enforcement services.
    Although OCSE previously determined during drafting of the Tribal 
Child Support Enforcement Program regulations that a non-Federal match 
was important to ensure ``better programs and better management'' (69 
FR 16667), it has now reconsidered that conclusion after seeing the 
Tribal child support enforcement program in practice during the past 
two decades. Based on its experience, OCSE now concludes that its 
oversight tools are sufficient, without the non-Federal share match, to 
monitor use of funds for IV-D expenditures and consider cost 
containment. The Tribes show in their budget submissions and 
communications with OCSE that they are engaged in operating successful 
programs and using Federal funds properly, efficiently, and 
effectively, in accordance with 45 CFR 309.60(b). The primary method 
for evaluating and ensuring allowable and appropriate costs is through 
the budget submission, review, and approval process. 45 CFR 309.15(c) 
requires Tribal child support enforcement programs to submit a budget 
to receive Title IV-D funding to administer their child support 
enforcement programs. Budgets must include the detailed information 
specified in 45 CFR 309.130(b) and OCSE guidance, such as quarterly 
estimate of expenditures, narrative justification for each cost 
category, and copies of contracts (see Tribal Child Support Budget 
Toolbox and OCSE PIQT-21-01).\10\ OCSE and OGM review Tribal budget 
submissions for compliance with 45 CFR parts 309, 310, 75, and other 
applicable Federal laws. During the review of Tribal budgets, OCSE and 
OGM examine the estimates of program expenditures, determine whether 
the budget narratives and documentation justify costs, and approve 
allowable costs charged to the Title IV-D grant before awarding funds. 
OCSE reviews the entire budget in detail to ensure the costs are 
reasonable and necessary given the caseload size and other demographic 
and geographic factors. OCSE compares contract costs to industry 
standards and similar contracts from other child support enforcement 
programs. For questionable costs, OCSE works with the Tribe to obtain 
additional information or revise or remove those costs when warranted. 
For example, OCSE determined that a Tribe's contract costs for 
information technology development were higher than the industry 
standard and worked with the Tribe to secure a reduction in the costs 
before approving the contract.
---------------------------------------------------------------------------

    \10\ See the optional Tribal Budget and Justification Narrative 
Template at https://www.acf.hhs.gov/sites/default/files/documents/ocse/Tribal_budget_justification_narrative_template.docx.
---------------------------------------------------------------------------

    45 CFR 309.145 describes the allowable costs for Tribal child 
support enforcement programs and requires such costs to be reasonable, 
necessary, and allocable to the program. 45 CFR 309.130(h) mandates 
compliance with 45 CFR part 75, which describes the uniform 
administrative requirements and cost principles. 45 CFR 75.403 through 
75.405 provide specific requirements for determining whether costs are 
allowable, reasonable, and allocable. Since OCSE must approve a Tribe's 
budget before OGM issues a notice of grant award, OCSE has direct 
oversight over Tribal expenditures before Tribal child support 
enforcement programs drawdown and use Title IV-D funds at the start of 
the fiscal year. After OCSE approves a Tribe's budget, a Tribe may 
request additional funds by submitting the information specified in 45 
CFR 309.130(f)(1). If the increase in funds impacts the Tribal IV-D 
plan, the Tribe must also submit a plan amendment in accordance with 45 
CFR 309.130(f)(2). A Tribe must provide the required information and 
documentation and the costs must

[[Page 24532]]

comply with the Federal regulations before OCSE approves the request 
for an increase in funds. This ensures that increases in approved 
Tribal budgets are reasonable, necessary, allowable, and appropriate.
    Additionally, OCSE uses a variety of technical assistance methods 
to assess needs and provide support to Tribes on the uniform grant 
requirements and cost principles. When reviewing Tribal budgets, OCSE 
analyzes issues and trends in expenditures and uses that information to 
deliver training and to ensure funds are used efficiently and 
effectively for all parties. OCSE also provides annual and tailored 
training and technical assistance about Tribal budget and grant 
requirements during site visits, regional meetings, national webinars, 
and conferences. Site visits help OCSE to obtain and understand 
information about how Tribes and Tribal organizations use Title IV-D 
funds to operate and administer their Tribal child support enforcement 
programs. OCSE regional office staff work closely with Tribal child 
support staff to answer questions, share best practices, review budgets 
and grant reports, and monitor the administration and performance of 
Tribal child support enforcement programs.
    As evidenced by years of Federal review, Tribes and Tribal 
organizations have demonstrated the importance of spending Federal 
grant funds prudently, efficiently, and effectively. Tribes are 
invested in helping noncustodial and custodial parents support their 
children financially and emotionally. Accordingly, OCSE is now of the 
view that Tribes and Tribal organizations will continue to provide 
Tribal resources, such as Tribally owned building or office space, to 
ensure the success of their Tribal child support enforcement programs--
even in the absence of a mandatory non-Federal match. The Tribal child 
support enforcement program regulations provide OCSE with sufficient 
authority to control costs and monitor compliance without the non-
Federal share requirement. As a result, the overall Tribal child 
support enforcement program expenditures of existing Tribes will not 
rise substantially beyond normal cost increases due to factors like 
inflation, filling vacancies, or upgrading equipment and systems. The 
impact to the Federal budget will be modest.
    Even with the elimination of the non-Federal share, OCSE does not 
expect that every federally recognized Tribe or Tribal organization 
will request funding to operate a Tribal child support enforcement 
program, meaning that OCSE expects only a modest and gradual increase 
in program expenditures. Prospective Tribes and Tribal organizations 
may not have the needed administrative capacity or infrastructure to 
operate a child support enforcement program. They may not have 100 
children under the age of majority. Although they may request a waiver 
of this requirement (45 CFR 309.10(c)), the waiver must demonstrate 
that their prospective Tribal child support enforcement program will be 
cost effective (45 CFR 309.10(c)(1)(iii)). Additionally, prospective 
Tribes and Tribal organizations may not want to comply with the 
extensive requirements and procedures required to receive funding (45 
CFR 309.65). A Tribal court can hear child support cases without the 
Tribe administering a child support enforcement program. Administering 
a Tribal child support enforcement program and working with parents on 
such a vulnerable and sensitive subject is complex and demanding. 
Instead of operating their own Tribal child support enforcement 
program, they may jointly operate a program or may receive child 
support services from an existing Tribal child support enforcement 
program. In sum, and for the reasons discussed above, OSCE projects the 
number of new Tribal child support enforcement programs to grow 
modestly before plateauing, thus preventing a dramatic increase in 
Federal costs. And any such increase in Federal costs is offset by the 
benefits that this proposed rule would provide in helping to prevent 
existing Tribal child support enforcement programs from closing and 
provide a permanent solution to the problems related to the non-Federal 
share requirement. However, even if eliminating the non-Federal share 
results in many more Tribes and Tribal organizations applying for and 
receiving approval to operate a child support enforcement program, 
Tribal participation in this program is, in fact, what Congress 
intended when it authorized funding under PRWORA. This will ensure the 
opportunity for Tribal families to receive child support enforcement 
services that reflect and affirm their Tribal cultures and traditions, 
create financial stability, and family economic well-being to help lift 
Tribal families out of poverty.

Section-By-Section Discussion of the Provisions of This Proposed Rule

    This NPRM proposes to eliminate the non-Federal share for Tribal 
child support enforcement programs. The following is a discussion of 
the regulatory provisions included in this NPRM.

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

    In Sec.  309.15(a)(2)(iii), we propose removing the language ``; 
and either:'' at the end of that provision and inserting a ``.'' in 
their place. Section 309.15(a)(2)(iv) requires the initial application 
for funding to include a statement that the Tribe or Tribal 
organization has or will have the non-Federal share of program 
expenditures available. Section 309.15(a)(2)(v) permits a request for a 
waiver of the non-Federal share in accordance with Sec.  309.130(e). We 
propose removing Sec.  309.15(a)(2)(iv) and (v) due to the elimination 
of the non-Federal share.

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

    Section 309.45(g) indicates that disapproval of start-up funding, a 
request for waiver of the 100-child rule, and a request for waiver of 
the non-Federal Tribal share is not subject to administrative appeal. 
We propose amending Sec.  309.45(g) by removing ``, and a request for 
waiver of the non-Federal Tribal share.'' Revised paragraph (g) will 
read as follows: ``Disapproval of start-up funding and a request for 
waiver of the 100-child rule is not subject to administrative appeal.''

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

    Section 309.75(e) describes the requirements for a Tribe and Tribal 
organization that intends to charge an application fee or recover costs 
in excess of the fee. Collected fees and recovered costs are considered 
program income and deducted from total allowable costs in accordance 
with 45 CFR 309.75(e)(4) and 45 CFR 75.307(e)(1). Due to the proposed 
elimination of the non-Federal share requirement, we propose revising 
Sec.  309.75(e) to require Tribal child support enforcement programs to 
have procedures that prohibit charging fees and recovering costs and to 
remove paragraphs (e)(1) through (4).

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

    Section 309.85(a)(6) requires a Tribe or Tribal organization to 
maintain records on any fees charged and collected, if applicable. As 
previously stated, collected fees and recovered costs are considered 
program income and deducted from total allowable costs in accordance 
with 45 CFR 309.75(e)(4) and 45 CFR 75.307(e)(1). Due to the

[[Page 24533]]

proposed elimination of the non-Federal share requirement, we propose 
removing Sec.  309.85(a)(6) and redesignating Sec.  309.85(a)(7) to 
(a)(6).

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

    In Sec.  309.130(b)(2)(iii), we propose removing the language ``and 
for funding under Sec.  309.65(a) either:'' at the end of that 
provision and replacing it with a ``.''. Section 309.130(b)(2)(iv) 
requires the annual Tribal budget submissions to include a statement 
certifying that the Tribe or Tribal organization has or will have the 
non-Federal share of program expenditures. Section 309.130(b)(2)(v) 
permits a request for a waiver of the non-Federal share in accordance 
with paragraph (e) of this section. We propose removing Sec.  
309.130(b)(2)(iv) and (v) due to the elimination of the non-Federal 
share requirement.
    Section 309.130(c) describes the Federal share of program 
expenditures for start-up funding and for initial and ongoing grant 
funding to administer a Tribal child support enforcement program. We 
propose amending Sec.  309.130(c)(2) by removing ``during a 3-year 
period,'' replacing ``90'' with ``100'', and adding ``and thereafter'' 
following ``made during that period.'' We propose amending Sec.  
309.130(c)(3) by removing Sec.  309.130(c)(3)(i), redesignating 
paragraph (c)(3)(ii) to (c)(3), and replacing ``90'' with ``100''. We 
propose these revisions to indicate that the Federal share of program 
expenditures will be 100 percent due to the elimination of the non-
Federal share requirement.
    Section 309.130(d) describes the requirements for the non-Federal 
share of program expenditures. We propose removing Sec.  309.130(d) due 
to the elimination of the non-Federal share requirement.
    Section 309.130(e) describes the requirements for permitting a 
temporary waiver of part or all of the non-Federal share of program 
expenditures. We propose removing Sec.  309.130(e) due to the 
elimination of the non-Federal share requirement.
    Section 309.130(f) describes the requirements for requesting 
increases in the approved Tribal budget and Sec.  309.130(f)(3) 
addresses how budget increases impact the non-Federal share. We propose 
redesignating Sec.  309.130(f) to 309.130(d) and removing Sec.  
309.130(f)(3).
    Section 309.130(g) describes how to obtain Federal funds and Sec.  
309.130(h) requires compliance with the uniform administrative 
requirements and cost principles. We propose redesignating Sec.  
309.130(g) and (h) to (e) and (f), respectively.

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

    Section 309.155(c) prohibits a Tribe or Tribal organization from 
using Federal IV-D funds for any expenditures that have been reimbursed 
by fees or costs collected, including any fee collected from a state. 
We propose removing Sec.  309.155(c) and redesignating Sec.  
309.155(d), (e), (f), and (g) to (c), (d), (e), and (f), respectively.

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

    Section 309.170(b)(8) requires a Tribe or Tribal organization to 
provide annual information and statistics on the total amount of fees 
and costs recovered. We propose removing Sec.  309.170(b)(8) and 
redesignating Sec.  309.170(b)(9) to (b)(8).

Section 310.10 What are the functional requirements for the Model 
Tribal IV-D System?

    Section 310.10(c) requires the Model Tribal IV-D System to record 
and report any fees collected, either directly or by interfacing with 
state or Tribal financial management and expenditure information. We 
propose removing Sec.  310.10(c) and redesignating Sec.  310.10(d), 
(e), (f), (g), and (h) to (c), (d), (e), (f), and (g), respectively.

Section 310.20 What are the conditions for funding the installation, 
operation, maintenance and enhancement of Computerized Tribal IV-D 
Systems and Office Automation?

    Section 310.20(a) describes the conditions that must be met for 
Federal financial participation for Computerized Tribal IV-D Systems. 
We propose replacing ``90'' with ``100''.

Paperwork Reduction Act

    No new information collection requirements are imposed by these 
regulations.

Regulatory Flexibility Analysis

    The Secretary certifies that, under 5 U.S.C. 605(b), as enacted by 
the Regulatory Flexibility Act (Pub. L. 96-354), this proposed rule 
will not result in a significant impact on a substantial number of 
small entities. The primary impact is on Tribal governments. Tribal 
governments are not considered small entities under the Regulatory 
Flexibility Act.

Regulatory Impact Analysis

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This proposed rule meets the standards of Executive Orders 
12866 and 13563 because it creates equity, promotes predictability, and 
reduces burdens and hardships for Tribal child support enforcement 
programs. The non-Federal share requirement limits growth, causes 
disruptions, and creates instability. Eliminating it encourages 
expansion of services and enforcement remedies, removes a financial 
barrier for prospective Tribes and Tribal organizations, prevents 
closure of existing Tribal child support enforcement programs, and 
provides a permanent solution to longstanding problems. This will 
ensure Tribal families receive child support services that reflect and 
affirm their cultures and traditions and that promote parental 
responsibility and increase disposable family income and financial 
stability.
    Executive Order 12866 provides that the Office of Information and 
Regulatory Affairs (OIRA) at the Office of Management and Budget (OMB) 
will review all significant rules. OIRA has determined that this NPRM 
is significant and was accordingly reviewed by OMB.
    A regulatory impact analysis (RIA) must be prepared for major rules 
with economically significant effects ($100 million or more in any 1 
year). ACF does not anticipate that this proposed rulemaking is likely 
to have an economic impact of $100 million or more in any 1 year, and, 
therefore, does not meet the definition of ``economically significant'' 
under Executive Order 12866. Based upon the increase in program 
expenditures from existing Tribal child support enforcement programs 
and the modest growth of new programs due to the elimination of the 
non-Federal share, we anticipate that the costs associated with this 
proposed rule will be the following: FY 2025 $17.2m; FY 2026 $19m; FY 
2027 $26.4m; FY 2028 34.3m; and FY 2029 $42.6m.

[[Page 24534]]

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4) requires 
agencies to prepare an assessment of anticipated costs and benefits 
before issuing any rule that may result in an annual expenditure by 
state, local, and Tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation). That threshold level is currently approximately $164 
million. This proposed rule does not impose any mandates on state, 
local, or Tribal governments, or the private sector, that will result 
in an annual expenditure of $164 million or more.

Assessment of Federal Regulations and Policies on Families

    Section 654 of the Treasury and General Government Appropriations 
Act of 1999 requires Federal agencies to determine whether a proposed 
policy or regulation may affect family well-being. If the agency's 
determination is affirmative, then the agency must prepare an impact 
assessment addressing seven criteria specified in the law. We certify 
that we have assessed this proposed rule's impact on the well-being of 
families. The purpose of the Tribal child support enforcement program 
is to strengthen the financial and social stability of families. This 
proposed rule eliminates the burden and hardships imposed by non-
Federal share requirement for Tribal child support enforcement 
programs, which limits growth, causes disruptions, and creates 
instability. Eliminating it encourages expansion of services and 
enforcement remedies, removes a financial barrier for prospective 
Tribes and Tribal organizations, and prevents closure of existing 
Tribal child support enforcement programs. The proposed rule will have 
a positive effect on family well-being. It will ensure Tribal families 
receive child support services that reflect and affirm their cultures 
and traditions and that promote parental responsibility and increase 
disposable family income and financial stability.

Executive Order 13132

    Executive Order 13132 prohibits an agency from publishing any rule 
that has federalism implications if the rule either imposes substantial 
direct compliance costs on state and local governments and is not 
required by statute, or the rule preempts state law, unless the agency 
meets the consultation and funding requirements of section 6 of the 
Executive Order. This proposed rule does not have federalism impact as 
defined in the executive order.

List of Subjects

45 CFR Part 309

    Child support, Grant programs--social programs, Indians--tribal 
government, Reporting and record keeping requirements.

45 CFR Part 310

    Child support, Grant programs--social programs, Indians.

(Catalog of Federal Domestic Assistance Programs No. 93.563, Child 
Support Enforcement Program.)

Xavier Becerra,
Secretary, Department of Health and Human Services.

    For the reasons stated in the preamble, the Department of Health 
and Human Services proposes to amend 45 CFR parts 309 and 310 as set 
forth below:

PART 309--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D PROGRAM)

0
1. The authority citation for part 309 continues to read as follows:

    Authority: 42 U.S.C. 655(f) and 1302.

0
2. Amend Sec.  309.15 by:
0
a. Revising paragraph (a)(2)(iii); and
0
b. Removing (a)(2)(iv) and (v).
    The revision reads as follows:


Sec.  309.15  What is a Tribal IV-D program application?

    (a) * * *
    (2) * * *
    (iii) A narrative justification for each cost category on the form.
* * * * *
0
3. Amend Sec.  309.45 by revising paragraph (g) to read as follows:


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

* * * * *
    (g) Disapproval of start-up funding and a request for waiver of the 
100-child rule is not subject to administrative appeal.
* * * * *
0
4. Amend Sec.  309.75 by revising paragraph (e) introductory text and 
removing paragraphs (e)(1) through (4) to read as follows:


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

* * * * *
    (e) Procedures that prohibit charging fees and recovering costs.


Sec.  309.85  [Amended]

0
5. Amend Sec.  309.85 by removing paragraph (a)(6) and redesignating 
paragraph (a)(7) as new paragraph (a)(6).
0
6. Amend Sec.  309.130 by:
0
a. Revising paragraphs (b)(2)(iii) and (c)(2);
0
b. Removing paragraph (c)(3)(i);
0
c. Redesiginating paragraph (c)(3)(ii) as paragraph (c)(3) and revising 
newly designated paragraph (c)(3);
0
d. Removing paragraph (d) and (e);
0
e. Redesignating paragraph (f) as paragraph (d) and revising newly 
designated paragraph (d); and
0
f. Redesignating paragraphs (g) and (h) as paragraphs (e) and (f).
    The revisions read as follows:


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

* * * * *
    (b) * * *
    (2) * * *
    (iii) A narrative justification for each cost category on the form.
* * * * *
    (c) * * *
    (2) Beginning with the first day of the first quarter of the 
funding grant specified under Sec.  309.135(a)(2), a Tribe or Tribal 
organization will receive Federal grant funds equal to 100 percent of 
the total amount of approved and allowable expenditures made during 
that period and thereafter for the administration of the Tribal child 
support enforcement program.
    (3) A Tribe or Tribal organization will receive Federal grant funds 
equal to 100 percent of pre-approved costs of installing the Model 
Tribal IV-D System.
    (d) Increase in approved budget. (1) A Tribe or Tribal organization 
may request an increase in the approved amount of its current budget by 
submitting a revised SF 424A to ACF and explaining why it needs the 
additional funds. The Tribe or Tribal organization should submit this 
request at least 60 days before additional funds are needed, to allow 
the Secretary adequate time to review the estimates and issue a revised 
grant award, if appropriate.
    (2) If the change in Tribal IV-D budget estimate results from a 
change in the Tribal IV-D plan, the Tribe or Tribal organization must 
submit a plan amendment in accordance with Sec.  309.35(e), a revised 
SF 424, and a revised SF 424A with its request for additional funding. 
The effective date of a plan amendment may not be earlier than the 
first day of the fiscal quarter in which an approvable plan is 
submitted in accordance with Sec.  309.35(f) of this part. The 
Secretary must approve the plan amendment before approving any 
additional funding.

[[Page 24535]]

Sec.  309.155  [Amended]

0
7. Amend Sec.  309.155 by removing paragraph (c) and redesignating 
paragraphs (d) through (g) as paragraphs (c) through (f);


Sec.  309.170  [Amended]

0
8. Amend Sec.  309.170 by removing paragraph (b)(8) and redesignating 
paragraph (b)(9) as new paragraph (b)(8)'

PART 310--TRIBAL CHILD SUPPORT ENFORCEMENT (IV-D PROGRAM)

0
9. The authority citation for part 310 continues to read as follows:

    Authority: 42 U.S.C. 655(f) and 1302.


Sec.  310.10  [Amended]

0
10. Amend Sec.  310.10 by removing paragraph (c) and redesignating 
paragraphs (d) through (h) as paragraphs (c) through (g).
0
11. Amend Sec.  310.20 by revising paragraph (a) to read as follows:


Sec.  310.20  What are the conditions for funding the installation, 
operation, maintenance and enhancement of Computerized Tribal IV-D 
Systems and Office Automation?

    (a) Conditions that must be met for FFP at the applicable matching 
rate in Sec.  309.130(c) of this chapter for Computerized Tribal IV-D 
Systems. The following conditions must be met to obtain 100 percent FFP 
in the costs of installation of the Model Tribal IV-D System and FFP at 
the applicable matching rate under Sec.  309.130(c) of this chapter in 
the costs of operation, maintenance, and enhancement of a Computerized 
Tribal IV-D System:
* * * * *
[FR Doc. 2023-07861 Filed 4-20-23; 8:45 am]
BILLING CODE 4184-42-P