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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.
65 FR 63159, Oct. 20, 2000, unless otherwise noted.
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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.
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 Self-Governance.
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.
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.
(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.
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.
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.
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.
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 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 self-governance annual funding agreement, you must obtain the approval of the redesign from the Office of Self-Governance.
(c) If you operate with a Public Law 102-477 grant, you must obtain approval from the Bureau Central Office.
[65 FR 63159, Oct. 20, 2000; 65 FR 76563, Dec. 7, 2000]
Yes, you may use savings from a redesign of the general assistance program to meet other priorities.
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.
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.
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 self-governance annual funding agreements.