[Federal Register Volume 59, Number 67 (Thursday, April 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8188]


[[Page Unknown]]

[Federal Register: April 7, 1994]


_______________________________________________________________________

Part III





Department of the Interior





_______________________________________________________________________



Bureau of Indian Affairs



_______________________________________________________________________



25 CFR Part 20




Financial Assistance and Social Services Programs; Proposed Rule
DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 20

RIN 1076-AC13

 
Financial Assistance and Social Services Programs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Indian Affairs (BIA; Bureau) is proposing to 
amend the existing Financial Assistance and Social Services Program 
regulations to incorporate rules for adult care services and the work 
experience program. Additionally, a quality assurance section is being 
incorporated to enable the BIA to assess the quality of the social 
services it provides, measure compliance with regulations and adherence 
to internal control requirements, and provide specific guidelines for 
administering the programs. An amendment is also being incorporated to 
establish rules on the treatment of per capita payments when 
determining eligibility for participation in social services programs.

DATES: Comments must be received on or before June 6, 1994.

ADDRESSES: Written comments may be mailed to the Division of Social 
Services, Bureau of Indian Affairs, 1849 C Street, NW., Mail Stop 310-
SIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: David Hickman, Chief, Division of 
Social Services, or Nancy Evans, Principal General Assistance 
Specialist, at 202 208-2721.

SUPPLEMENTARY INFORMATION: Experience in program administration and 
outside audit findings have indicated that regulatory amendments are 
needed to define with greater clarity the programs provided under this 
part. A primary purpose of the amendments is to provide clear, concise 
guidelines that will effect a reduction in eligibility error rates.
    Amendments are being made in 25 CFR 20.1, Definitions; 20.2, 
Purpose; 20.3, Policy; 20.20, General and 20.23 Miscellaneous 
Assistance.
    The following new sections are added: 20.15, Reporting requirements 
for all social services programs; 20.16, Staffing requirements; 20.26, 
Adult care assistance program; 20.27, Work experience program; and 
20.35, Quality assurance reviews.
    The policy of the Department of the Interior is, whenever 
practical, to afford the public an opportunity to participate in the 
rulemaking process. Accordingly, interested persons may submit written 
comments regarding the proposed rule to the location identified in the 
``addresses'' section of this document.
    The Department has certified to the Office of Management and Budget 
(OMB) that these proposed regulations meet the applicable standards 
provided in sections 2(a) of Executive Order 12778. BIA has made every 
effort to ensure that the proposed rules specify their effect on 
existing regulations, and provide clear, certain language to promote 
burden reduction and avoid litigation.
    The Department of the Interior has determined that this rule is not 
a significant regulatory action under Executive Order 12866, and 
therefore will not be reviewed at the Office of Management and Budget. 
The rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act (5 U.S.C. 
601 et seq.). In accordance with Executive Order 12630, the Department 
has determined that the rules do not have ``significant takings'' 
implications. The rules do not pertain to ``taking'' of private 
property interests, nor do they impact private property.
    The Department of the Interior has determined that this rule does 
not have significant federalism effects under Executive Order 12612 and 
will not interfere with the roles, rights and responsibilities of 
states.
    The Department of the Interior has determined that this proposed 
rule does not constitute a major Federal action significantly affecting 
the quality of the human environment and that no detailed statement is 
required pursuant to the National Environmental Policy Act of 1969.
    The information collection requirements contained in 25 CFR 20.4 
will be submitted to the Office of Management and Budget for approval 
as required by 44 U.S.C. 3501 et seq. The collection of this 
information will not be required until it has been approved by the 
Office of Management and Budget.
    The primary author of this document is David Hickman, Chief, 
Division of Social Services, Office of Tribal Services.

List of Subjects in 25 CFR Part 20

    Administrative practice and procedure, Adult care, Child welfare, 
Indians, Public assistance programs, Reporting and recordkeeping 
requirements, Work experience programs and quality assurance.

    For the reasons set out in the preamble, part 20 of title 25, 
subchapter D, chapter I of the Code of Federal Regulations is proposed 
to be amended as set forth below:

PART 20--[AMENDED]

    1. The authority citation for 25 CFR part 20 continues to read as 
follows:

    Authority: 25 U.S.C. 13; Sec. 20.21 also issued under Pub. L. 
98-473.

    2. Under subpart A--Secs. 20.1, 20.2 and 20.3 are revised to read 
as follows:


Sec. 20.1  Definitions.

    Adult is a person over the age of eighteen or other age of majority 
as established for purposes of parental support by tribal or state law 
(if any) applicable to the person at his or her residence. This 
includes persons emancipated by marriage.
    Adult care assistance is a financial payment made on behalf of an 
eligible Indian person, age eighteen (18) or older, who, due to age, 
infirmity, or physical and/or mental impairment, requires and receives 
supervision or non-medical custodial care.
    Appeal means a written request for correction of an action or 
decision claimed to violate a person's legal rights or privileges as 
provided in part 2 of this chapter.
    Applicant is a person who applies for assistance and/or services 
provided under this part, or a person on whose behalf an application 
for assistance and/or services has been made by another person.
    Application is the process through which a request is made for 
assistance or services.
    Area Director is the BIA official in charge of an Area Office.
    Assistant Secretary is the Assistant Secretary--Indian Affairs.
    Authorized representative is a parent or other caretaker, relative, 
conservator, legal guardian, foster parent, attorney (or paralegal 
acting under the supervision of an attorney), friend, or other 
spokesperson acting on behalf of or representing the applicant or 
recipient.
    Basic needs are necessities to sustain daily life, and include 
food, clothing, shelter, utilities, household cleaning supplies, and 
items needed for personal hygiene.
    BIA means the Bureau of Indian Affairs, U.S. Department of the 
Interior.
    BIA general assistance is a secondary or residual source of 
financial aid payments made to or on behalf of eligible Indian 
individuals or households for assistance in meeting the cost of 
essential needs.
    Burial assistance is a financial payment made on behalf of an 
indigent Indian person to provide for basic burial expenses.
    Case is an assistance unit, composed of an individual or group of 
individuals who are eligible and who receive assistance or services as 
a unit.
    Caseplan is a written plan developed by a caseworker in 
consultation (when possible) with the service recipient(s). The 
caseplan incorporates strategies to assist individuals and families, 
either directly or through referrals, in resolving social, economic, 
psychological, interpersonal and/or environmental problems.
    Child is a person under the age of eighteen or other age of 
majority as established for purposes of parental support by state or 
tribal law (if any) applicable to the person at his or her residence. 
This does not include persons emancipated by marriage.
    Child welfare assistance is financial assistance provided on behalf 
of an Indian child, or an Indian under the age of 22 if assistance was 
initiated before age 18, who requires placement in a foster home or 
specialized non-medical care facility in accordance with standards of 
payment established by the state of residence pursuant to the foster 
care program under title IV of the Social Security Act, or who has need 
of specialized services not available under BIA general assistance, or 
adult care assistance.
    Commissioner is the Commissioner of Indian Affairs.
    Designated representative is an official of the BIA designated by a 
superintendent to conduct a hearing as prescribed in Sec. 20.30 and who 
has had no prior involvement in the proposed decision, and whose 
hearing decision shall have the same force and effect as if rendered by 
the superintendent.
    Disaster assistance is a financial payment made to provide basic 
and/or special need items when conditions caused by fire, flooding, or 
natural disaster pose a threat to life or health.
    Employable person is an individual who is physically and mentally 
able to obtain employment and is not exempt in accordance with the 
criteria specified in  20.21(i)(1).
    Essential needs are basic needs and special needs as defined in 
this section.
    Family and community services are social services, including 
protective services, provided through the social work skills of 
casework, group work or community development to resolve social 
problems involving children, adults or communities. These services 
usually do not include financial assistance.
    Foster care services are social services provided when an Indian 
child or dependent adult person lives away from his/her family home.
    Household means persons living together as a family with a head of 
household who may or may not be related to the head of household, and 
who function as members of the family.
    Indian is any person who is a member, or a one-fourth degree or 
more blood quantum descendant of a member, of any Indian tribe.
    Indian court is an Indian tribal court or court of Indian offenses.
    Indian tribe is any Indian tribe, band, nation, rancheria, pueblo, 
colony, or community, including any Alaska Native village or regional 
or village corporation as defined in, or established pursuant to, the 
Alaska Native Claims Settlement Act (85 Stat. 688), which is federally 
recognized as eligible by the U.S. Government for the special programs 
and services provided by the Secretary to Indians because of their 
status as Indians.
    In-home care means non-medical care services intended to prevent 
out-of-home placement or to stabilize a child or adult in her/his 
family home, and includes protective day care, homemaker services, 
parenting skills training, and/or respite care.
    Liquid assets are those properties in the form of cash or financial 
instruments that can be converted to cash, such as savings or checking 
accounts, promissory notes, mortgages, and similar properties.
    Near reservation means those areas or communities adjacent or 
contiguous to reservations that are designated by the Assistant 
Secretary--Indian Affairs upon recommendation of the local BIA 
Superintendent.
    Need is the financial deficit after consideration of income and 
other liquid assets are deducted from the standard of assistance.
    Non-medical care is the provision of any remedial or custodial care 
or service in or out of the recipient's home.
    Out-of-home care agreement means the contractual relationship 
established between an out-of-home care provider and the BIA program 
requesting services on behalf of an eligible recipient. The agreement 
establishes: (a) The goals, objectives, and methods of service 
provision; (b) the rate of payment for care, which is not to exceed the 
prevailing state payment rate; and (c) conditions of reimbursement.
    Public assistance is a program of financial assistance provided 
under title IV of the Social Security Act, as amended, including the 
Aid to Families with Dependent Children (AFDC) Program provided under 
title IV-A, and Supplemental Security Income (SSI) provided under title 
XVI.
    Purchase of service agreement is a contractual fiscal arrangement 
between BIA and a service provider for personal and/or foster care of 
children or adults.
    Recipient is an individual or group of persons who have been deemed 
eligible, and are receiving financial assistance or services under this 
part.
    Redetermination means a periodic review of basic eligibility 
requirements specified in Secs. 20.20(a) and 20.20(b), and financial 
need eligibility requirements for each program identified in 
Secs. 20.21, 20.22, 20.23, 20.24, 20.26, and 20.27.
    Reservation is a Federally recognized Indian tribe's reservation, 
pueblo, or colony, including former reservations in Oklahoma, Alaska 
Native regions established pursuant to the Alaska Native Claims 
Settlement Act (85 Stat. 688), and Indian allotments.
    Residency means living permanently on a reservation or within an 
officially designated near-reservation service area.
    Resources are income and other liquid assets available to an Indian 
person or household to meet current living costs, unless otherwise 
specifically excluded by Federal statute.
    Secretary is the Secretary of the Interior.
    Service provider is an entity, individual or organization that is 
awarded a contract from BIA to provide services under this part.
    Special needs may be recurring or nonrecurring requirements beyond 
basic needs, and may include unusual diet items or special clothing 
that cannot be defined as a basic need. Medical or legal needs are not 
included under this provision.
    Standard of assistance is the established state rate of payment for 
any of the services of financial assistance authorized under this part.
    State general assistance is a non-federally matched public 
financial assistance program available from a state or county to meet 
the basic living needs of all eligible citizens.
    State payment rate is the level of payment, established by a state 
agency, for the cost of care and services provided for foster care, 
group home, non-medical institutional care, and in-home care for 
children or adults.
    Superintendent is the official in charge of a BIA agency office.
    Tribal governing body is the officially recognized government of an 
Indian tribe.
    Tribal Work Experience Program (TWEP) is a work experience program 
(WEP) that is contracted to and administered by a tribe.
    Unemployable person is an individual who is unable to obtain 
employment and meet the criteria specified in Sec. 20.21(i)(1).
    Unemployed person is an individual who is physically and mentally 
able to obtain employment but is unemployed due to lack of available 
jobs.
    Work Experience Program (WEP) is a work program designed to provide 
eligible general assistance clients with training and work experience 
which promote, preserve, and develop work skills and habits.


Sec. 20.2  Purpose.

    The regulations in this part govern the provision of general 
assistance, child welfare assistance, miscellaneous assistance, child 
and family services, community services, adult care assistance, the 
work experience program, and quality assurance.


Sec. 20.3  Policy.

    (a) In the administration of general assistance, child welfare 
assistance, burial and disaster assistance, family and community 
services, adult care assistance and work experience programs, it is the 
policy of the BIA to provide services to eligible Indians in a manner 
designed to promote individual self-determination, family unity, 
economic and social stability, and the attainment of personal 
independence and self-reliance. Through the application of professional 
social work skills and principles, it is BIA policy to work with 
Indians to promote and maintain social environments in their 
communities that emphasize safety and well-being for all children; 
promote family stability; and value individual independence.
    (b) In administering social services programs, it is also BIA 
policy to emphasize the importance of individual case planning. The 
goal of case plan implementation is to assist people to become self-
sufficient, preventing dependency, strengthening family relationships, 
and restoring individuals, families or groups to successful social 
functioning. When an ineligible adult is a member of an assistance 
household, the case plan shall address the spousal, parental and/or 
custodial responsibilities of the ineligible person relative to the 
financial support of the eligible members of the household.
    (c) Further, it is BIA policy to ensure, insofar as possible, that 
Indians have full access to available Federal and state services. 
Therefore, the financial assistance and social services programs 
authorized under this part are secondary resources and are provided 
only when assistance or services are not available from state, local, 
or other primary providers.

    3. Under subpart B--Administrative Procedures, new Secs. 20.15 and 
20.16 are added to read as follows:


Sec. 20.15  Reporting requirements for all social services programs.

    The following required reports shall be submitted by each BIA Area 
social services program to the designated BIA authority on forms 
provided by the BIA:
    (a) The Monthly Statistical Report shall include, by category of 
assistance, the number of active cases, the number of cases closed, the 
number of persons served, and total dollars expended during the month. 
This report is due no later than the fifteenth day of the subsequent 
month.
    (b) The Quarterly Analysis of Funds Report shall include, by 
category of assistance, data on the number of cases, persons served, 
and expenditures per person and per case. The Quarterly Analysis of 
Funds Report is to be accompanied by a narrative report on the 
activities and accomplishments of the program, and on projected 
deficits, if any are anticipated. This report is due on the fifteenth 
of the month following the end of each quarter.
    (c) The Annual Report shall include unduplicated counts of cases, 
persons, and dollars by category and by each reservation program. This 
report is due no later than ninety (90) days following the end of each 
fiscal year.
    (d) Special reports to Congress are due when requested.


Sec. 20.16  Staffing requirements.

    The following staffing requirements shall apply to all BIA social 
services programs:
    (a) Each local program shall have a minimum of one staff member 
with a Master of Social Work (MSW) degree.
    (b) Any additional staff member(s) engaging in the direct delivery 
of services shall have, at a minimum, a bachelors degree in a human 
services discipline or no fewer than three years of work experience in 
the field of human services.
    (c) A social services program that is unable to comply with these 
requirements shall provide regular access to professional consultation 
and/or implement a formal staff development/training plan to achieve 
this standard. The Area Director shall determine whether the 
alternative plan will support and promote an acceptable level and 
quality of services.

    4. Under subpart C--Eligibility Conditions, Sec. 20.20 is amended 
by adding (c) through (f) and Sec. 20.23 is revised to read as follows:


Sec. 20.20  General.

 * * * * *
    (c) The Assistant Secretary may authorize emergency short-term 
assistance and services to Indians not otherwise eligible under this 
part, who reside on a reservation or in designated near-reservation 
areas:
    (1) Upon written request of an appropriate tribal governing body or 
the appropriate Bureau official, and
    (2) When necessary to meet need as defined at Sec. 20.1 and prevent 
hardship caused by fire, flood or acts of nature.
    (d) When determining eligibility for programs provided under this 
part, cash distributed per capita pursuant to Public Law 97-458, Public 
Law 98-64 and Public Law 100-241, shall be disregarded to the extent 
that such cash does not, in the aggregate, exceed $2000 per individual 
each year. The $2000 limit is applied separately each year, and cash 
distributions which an individual received in a prior year and retained 
into subsequent years will not be counted as a resource in those years.
    (e) When determining eligibility for programs provided under this 
part, income and resources of legally responsible relatives or 
individuals shall be considered as available to meet the need of the 
applicant(s). Legal relationships between husband and wife, parent and 
minor child, and guardian and ward are considered as relationships in 
which support is deemed.
    (f) Upon written request of a tribal governing body and the 
recommendation of the appropriate Area Director and/or Agency 
Superintendent, the Assistant Secretary may designate near reservation 
service areas that are adjacent or contiguous to reservations. Upon 
approval by the Assistant Secretary, each designated near reservation 
service area will be published in the Federal Register as a locale(s) 
appropriate for the extension of financial assistance and/or social 
services. Requests for the designation of a near reservation service 
area shall be based on the following general criteria:
    (1) Number of Indian people native to the reservation residing in 
the area;
    (2) Written designation by the tribal governing body that members 
of their tribe and family members who are Indian residing in the area, 
are socially, culturally and economically affiliated with their tribe 
and reservation;
    (3) Geographical proximity of the area to the reservation; and
    (4) Administrative feasibility of providing an adequate level of 
services to the area.


Sec. 20.23  Burial and disaster assistance.

    In the absence of other resources, burial and disaster assistance 
shall be provided to eligible Indians meeting the requirement 
prescribed in Sec. 20.20(a) provided that they reside in areas where 
the needed services are not available to all residents on the same 
basis from a state, county, or local public jurisdiction. Case records 
shall be documented to reflect need and substantiate all relevant 
eligibility factors.
    (a) Burial assistance. Burial assistance shall be provided to meet 
minimum burial expenses for eligible Indians.
    (1) The deceased is considered the applicant and the determination 
of eligibility is based on the resources available to him/her, 
including, but not limited to, tribal burial programs, veterans' death 
benefits, Individual Indian Money (IIM) accounts, insurance policies, 
and cash on hand.
    (2) Requests and applications for burial assistance shall be 
received from relatives or other persons who have assumed 
responsibility for making burial arrangements. In no instance, however, 
shall an application for burial assistance be approved after interment 
of the individual on whose behalf burial assistance is sought.
    (3) Applications made on behalf of a deceased Indian person are 
subject to eligibility determinations in accordance with criteria 
specified at Sec. 20.20(a). Prior to final burial arrangements, the 
caseworker shall evaluate each case relative to all available resources 
and income.
    (4) Upon the request of a relative or other responsible party, the 
actual cost for transporting the body of a deceased Indian person 
determined to be eligible and without resources may be provided if the 
following conditions are met:
    (i) No other resources for transportation are available;
    (ii) The death occurred while the decedent was away from the 
reservation or other approved service area and the absence did not 
exceed a duration of sixty (60) days; and
    (iii) Transportation costs are reasonable relative to distance and 
the prevailing rate for others in similar circumstances.
    (5) In the absence of a locally established state/county rate, the 
approved payment rate shall be the national maximum burial payment rate 
to be established annually by the Assistant Secretary.
    (6) A supplement may be granted when state/county/tribal burial 
benefits or other resources are available, but are less than the BIA's 
established rate. However, the supplement together with the public 
benefit may not exceed BIA's national payment rate.
    (7) Upon request, funds to assist with a culturally relevant tribal 
burial practice may be approved if all other factors of eligibility are 
met. The rate of payment for this purpose, together with other burial 
assistance provided under this part, shall not exceed the amount 
established annually by the Assistant Secretary.
    (b) Disaster assistance. (1) Disaster assistance payments shall be 
made only for food, shelter, and/or other necessities directly related 
to meeting immediate, basic living needs.
    (2) The order of preference for payment standards is the Federal 
emergency payment standard, locally established state/county rate, or 
the rate as determined annually by the Assistant Secretary. Payment 
shall not exceed the payment standard. Emergency services and 
expenditures shall be coordinated with other appropriate disaster 
committees or programs and documented.
    (3) The Assistant Secretary may authorize community-wide short term 
disaster assistance and services for Indians not eligible for other 
services under this part. This assistance is to be used in conjunction 
with other assistance for which the individual community members 
qualify and may be authorized only under the following conditions:
    (i) The beneficiaries are Indians residing on a reservation or in a 
designated near-reservation area;
    (ii) A written request is submitted to the Assistant Secretary by 
the appropriate tribal governing body or BIA official; and
    (iii) The assistance is necessary to meet essential needs as 
defined in Sec. 20.1.

    5. Under subpart C--Eligibility Conditions, new Secs. 20.26 and 
20.27 are added to read as follows.


Sec. 20.26  Adult care assistance.

    The purpose of the adult care program is to provide non-medical 
care for eligible adults who need personal care and supervision due to 
advanced age, infirmity, physical condition, or mental impairment. 
Services under this program can be provided only if they are not 
available through state, county, local or other Federal programs. 
Nothing in this subsection shall be construed to restrict payment of 
adult care financial assistance pending application and/or approval for 
other programs.
    (a) Adult care assistance may be approved when:
    (1) The adult or his/her legally responsible guardian applies for 
such assistance in writing.
    (2) The adult is unable to meet his/her essential needs, including 
non-medical care and/or protection, with his/her own resources.
    (3) There are no other Federal, state, or county public assistance 
resources, including services provided pursuant to titles XIX and XX of 
the Social Security Act, available to meet the required special need.
    (4) The cost of care is not available from his/her immediate 
family.
    (5) Facts regarding infirmity, and/or the physical or mental 
condition of the client and his/her need for non-medical adult care 
have been documented.
    (b) Adult care assistance may be authorized only if the adult does 
not require skilled nursing care warranting medical supervision.
    (c) Payments shall be authorized under purchase of service 
agreements only for care provided in state or tribally licensed/
certified group settings, or by individual service providers licensed/
certified by a tribe or a state.
    (d) No adult care payment shall be approved for or on behalf of a 
client until the eligibility case worker certifies through 
documentation that all eligibility factors have been met.
    (e) Adult care is to be provided in the setting determined to be 
the least restrictive (in-home care, adult day care, foster care, group 
home, or institutional) for the specific individual adult. If 
appropriate, and when a qualified care provider is available, in-home 
care is preferred. When an institutional or group care setting is in 
the adult's best interest, the preferred placement shall be in a 
facility located as close as possible to his/her home community.
    (f) The cost of adult care provided by BIA shall not exceed the 
applicable state payment rate for similar care.
    (g) When establishing the actual level of payment for an adult's 
care, the BIA shall:
    (1) Consider all available resources when determining eligibility; 
and
    (2) Determine the amount of the assistance payment for which the 
client is eligible based upon the deficit remaining after all available 
resources are deducted from the cost of care.
    (h) Redetermination of adult care eligibility and the payment 
level.
    (1) The BIA shall redetermine financial eligibility and the amount 
of the BIA payment based upon the deficit between the cost of care and 
resources available to the adult in need of care, including other 
Federal, state, or public assistance resources. Recipients or their 
authorized representatives are required to inform the BIA immediately 
of any changes in status that may affect eligibility or the amount of 
assistance. The BIA shall redetermine eligibility whenever there is an 
indication of a change in circumstances affecting eligibility, but not 
less frequently than once every six months for each recipient.
    (2) The redetermination process shall include personal contact with 
the recipient in the actual placement setting. The purposes of the 
contact are to evaluate changes in the adult's personal circumstances 
or condition and to assess the need for continued assistance.


Sec. 20.27  Work Experience Program (WEP).

    WEP is a program for eligible general assistance recipients. It 
provides work experience and job skills that will enhance the 
recipients' potential for job placement. WEP participation is mandatory 
for general assistance recipients, unless they are excepted under 25 
CFR 20.21(i).
    (a) Work experience and training sites. (1) Work experience and 
training sites offering potential for job placement within a specified 
period of time shall be given priority.
    (2) If eventual employment at a work site is not likely, other 
options for WEP placements that provide opportunity for the development 
of relevant skills and good work habits shall be preferred.
    (3) Placement should not exceed a period of 24 months.
    (4) Placements of WEP participants in subsidized employment may be 
authorized for periods up to six months if the employer shares in the 
cost of the participant's wages. Agreements with such employers shall 
include the amount of wages to be paid and a provision that the WEP 
participant will be considered for permanent employment if a vacancy 
exists.
    (b) Payment for work-related expenses. (1) A monthly work-related 
payment not to exceed the amount established and periodically reviewed 
by the Assistant Secretary shall be allowed for WEP participation. No 
advance general assistance grant payments or WEP payments are 
authorized.
    (2) Payments to participants shall not be considered as wages, but 
as grant assistance payments pursuant to provisions at 25 CFR 20.21.
    (c) Participants. (1) In situations where the recognized head of 
the family unit is certified as unemployable, an alternate member of 
the assistance group, such as the spouse or another adult, shall be 
designated as available for WEP participation.
    (2) Where there are multiple family units in one household, one 
member of each family unit shall be eligible to participate in WEP.
    (d) Program. (1) The local WEP shall have specific written program 
procedures that cover hours of work, participation requirements, 
acceptable reasons for granting leave from work, evaluation criteria 
and monitoring plans.
    (2) WEP services are administered as part of the general assistance 
program. The costs of providing WEP services is included within the 
total social services program budget. The actual cost of providing WEP 
services shall not exceed the following formula: 

------------------------------------------------------------------------
                                                              Maximum   
                                                             allowable  
         Average number of direct participants            administrative
                                                           costs for WEP
                                                             (percent)  
------------------------------------------------------------------------
25 and below............................................              40
26 to 50................................................              30
51 and up...............................................              20
------------------------------------------------------------------------

    (3) Capital equipment, materials, and supplies for projects and 
tools or other equipment may not be purchased with grant assistance 
funds.
    (4) Worker's compensation coverage and liability or other insurance 
may not be provided with grant assistance funds.

    6. A new subpart E--Quality Assurance, consisting of Sec. 20.35, is 
added to read as follows:

Subpart E--Quality Assurance


Sec. 20.35  Quality assurance reviews.

    (a) The BIA shall establish and perform quality assurance reviews 
to assess the provision of quality services through uniform application 
of regulations. This will be done by performing regular, periodic 
reviews to determine the degree to which regulations are followed and 
implemented in all areas of operation, and to ensure that internal 
control processes comply with OMB Circular A-123. The review shall 
include operations at Central, Area, and Agency Office levels to ensure 
program integrity at all levels.
    (b) Schedule. Scheduled annual reviews shall be performed at 
selected locations in each of BIA's areas.
    A review schedule and the sampling method shall be distributed 
annually to each Area Director.
    (c) The quality assessment process shall include procedures for;
    (1) Reviewing program records and conducting on-site evaluations;
    (2) Documenting the findings of compliance or non-compliance with 
program regulations and OMB Circular A-123 requirements; and
    (3) Tracking corrective action plan(s), or administrative 
recommendations.

    Dated: February 22, 1994.
Ada E. Deer,
Assistant Secretary--Indian Affairs.
[FR Doc. 94-8188 Filed 4-6-94; 8:45 am]
BILLING CODE 4310-02-P