[Federal Register Volume 65, Number 204 (Friday, October 20, 2000)]
[Rules and Regulations]
[Pages 63144-63171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-26703]



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Part III





Department of the Interior





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Bureau of Indian Affairs



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25 CFR Part 20



Financial Assistance and Social Services Programs; Final Rule

  Federal Register / Vol. 65, No. 204 / Friday, October 20, 2000 / 
Rules and Regulations  

[[Page 63144]]


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DEPARTMENT OF THE INTERIOR

Bureau of Indian Affairs

25 CFR Part 20

RIN 1076-AD95


Financial Assistance and Social Services Programs

AGENCY: Bureau of Indian Affairs, Interior.

ACTION: Final rule.

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SUMMARY: The Bureau of Indian Affairs (Bureau) is amending the existing 
Financial Assistance and Social Services Program regulations to 
incorporate rules for Adult Care Assistance, Burial Assistance, Child 
Assistance, Disaster Assistance, Emergency Assistance, General 
Assistance, Services to Children, Elderly and Families, Tribal Welfare 
Reform, and Tribal Work Experience Program. All other sections are 
revised and renumbered to conform to existing programmatic and 
budgetary statutes and conditions. Also, these regulations have been 
rewritten in Plain English as required by Executive Order 12866. In 
keeping with the intent of Plain English, we added more subparts for 
easier use in reference.

EFFECTIVE DATE: These regulations take effect on November 20, 2000.

FOR FURTHER INFORMATION CONTACT: Larry Blair, Chief, Division of Social 
Services, Department of the Interior, Bureau of Indian Affairs, 1849 C 
Street, NW., MS-4660-MIB, Washington, DC 20240 at telephone (202) 208-
2721.

SUPPLEMENTARY INFORMATION: We last revised the financial assistance and 
social services regulations in 25 CFR part 20 in 1985. Since that time, 
a number of important changes have occurred that are not reflected in 
the existing regulations. These actions present an opportunity to 
review the current priorities and policies contained in the regulations 
and propose changes that conform to existing conditions. We published a 
proposed rule in the Federal Register on May 6, 1999 (64 FR 24296). We 
considered the following factors in proposing changes in the current 
regulations:
     The primary purpose of the amendments is to provide clear, 
concise regulations that will improve program implementation;
     Congress has enacted a cap on the level of financial 
assistance funding;
     Existing financial assistance and social services 
regulations do not provide for the development of tribal welfare 
reform/redesign plans in accordance with tribal desires and existing 
law;
     Given fluctuations in financial assistance caseloads and 
emergencies, it has been difficult to plan and refine the existing 
service delivery framework;
     The Department of Health and Human Services (HHS) has made 
a policy decision to allow Temporary Assistance for Needy Families 
(TANF) payments to be included as one of the grants under Public Law 
102-477;
     Public Law 104-193 Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (PRWORA) reduced funding level 
authorizations and required General Assistance (GA) payments to be 
equal to the level of state TANF payments; and
     The Indian Child Protection and Family Violence Prevention 
Act and the Adoption and Safe Families Act have established new 
standards in child welfare. The regulations need revision to 
incorporate and consolidate additional child protection and permanency 
planning requirements.
    The Bureau continues to support the policy that Indian people are 
eligible and should receive financial assistance and social services 
from local state, county, and city resources on the same basis as non-
Indians. For the purposes of simplifying the locations where we will 
provide the financial assistance and social services program, we use 
the term ``service area'' in these regulations and tell you how to get 
a service area if one does not yet exist.

Summary of the Rule

    The rule provides tribes the option of operating their own general 
assistance program through a redesign plan which incorporates welfare 
reform or utilizing the Bureau's revised regulations on general 
assistance as a program standard for operation. In addition, the rule 
provides clear concise guidance for operation of other program 
components including Adult Care Assistance, Burial Assistance, Child 
Assistance, Disaster Assistance, Emergency Assistance, Services to 
Children, Elderly and Families and Tribal Work Experience Program. 
These Bureau programs do not replace any existing services, but in many 
instances interface with existing federal, state, county and tribal 
programs. Many of these governmental public assistance programs have 
been modified and revised as a result of PRWORA and the Bureau has the 
task of distinguishing and describing its programs to prevent 
duplication of services. Much tribal input was received both during the 
comment period and in prior meetings with tribal leaders and program 
officials.
    The final rule reflects this input and provides tribes with choices 
as to how they might proceed with their own versions of welfare reform. 
In addition, the rule clarifies specific eligibility criteria for 
applicants and describes where services may be provided for eligible 
applicants. The program will continue to be based upon need and the 
annual distribution of funds is based upon the number of cases and lack 
of other resources to meet need.

Review of Public Comments

    Appeal means a written request for correction of an action or 
decision of a specific program decision by a Bureau official 
(Sec. 20.700) or a tribal official (Sec. 20.705).
    No comments were received on this definition.
    Applicant means an Indian individual or person by or on whose 
behalf an application for financial assistance and/or social services 
has been made under this part.
    One commenter recommended an applicant be an ``enrolled Indian.''
    Response: This recommendation was not adopted. The definition of 
``Indian'' states that an Indian is a member of a federally recognized 
tribe that is recognized by the Bureau of Indian Affairs to receive 
service. The definition was not changed because the term ``Indian'' 
indicates the applicant is a member of a tribe that is recognized by 
the Federal Government to receive service.
    Application means the written or oral process through which a 
request is made for financial assistance or social services.
    One commenter stated the requirement of a written application was 
in conflict with Sec. 20.600(a) which states an application may be 
written or oral. This section was renumbered as Sec. 20.601 in the 
final rule.
    Response: This recommendation was adopted. The language was changed 
to state that an application can be oral or written.
    Area Director means the Bureau official in charge of an Area 
Office.
    One commenter stated that Area Director had changed to Regional 
Director.
    Response: This recommendation was adopted and the definition was 
changed to Regional Director.
    Assistant Secretary means the Assistant Secretary--Indian Affairs.
    No comments were received on this definition.
    Authorized representative means a parent or other caretaker 
relative, conservator, legal guardian, foster parent, attorney, 
paralegal acting under

[[Page 63145]]

the supervision of an attorney, friend or other spokesperson duly 
authorized and acting on behalf or representing the applicant or 
recipient.
    No comments were received on this definition.
    Bureau means the Bureau of Indian Affairs of the United States 
Department of the Interior.
    No comments were received on this definition.
    Bureau Standard of Assistance means payment standards established 
by the Assistant Secretary--Indian Affairs for Burial, Disaster, 
Emergency, and Adoption and Guardianship subsidy. In accordance with 
Pub. L. 104-193, the Bureau Standard of Assistance for General 
Assistance is the state rate for TANF in the state where the applicant 
lives. Child Assistance and Foster Care rates are in accordance with 
Title IV of the Social Security Act (49 Stat. 620) and Pub. L. 104-193.
    Some commenters raised the following questions: (1) What authority 
under Pub. L. 104-193 is used as the basis for the Bureau Standard of 
Assistance for General Assistance and Foster Care? (2) Why is the 
Bureau required to use Foster Care rates in accordance with Title IV of 
the Social Security Act? (3) What Bureau Standard of Assistance is used 
for multi-state tribes? (4) Why shouldn't the Bureau Standard of 
Assistance be an amount equal to the larger of either the state or 
tribal TANF amount? (5) Why should the Bureau set their own Standard of 
Assistance? (6) What is the Bureau's definition for financial 
assistance?
    Response: These recommendations were partially adopted. Pub. L. 
104-193 does require the Bureau General Assistance payment levels be 
tied to the state TANF rate including ratable reduction. Child 
Assistance was deleted from the reference to rates as Foster Care rates 
should have been the only service referenced. By tradition, the Bureau 
has used state Foster Care rates for Indian children requiring care. 
Based on the Bureau's experience, this is the most equitable payment 
level for Foster Care, and the Bureau continues to use the state 
established Foster Care rates for this purpose. The Bureau acknowledges 
the need to explain service delivery where a reservation extends into 
more than one state and added language to that effect. There may be 
instances when the General Assistance rate would be a larger amount 
than the state TANF rate if the tribe has chosen to redesign their 
General Assistance program. The Bureau Standard of Assistance for Adult 
Care Assistance and TWEP will be added to the definition because these 
services were added under financial assistance. Additionally, adult and 
adult care will be added as definitions. The Bureau has the discretion 
to establish payment standards for unmet needs that it does not 
routinely provide, such as Emergency Assistance, Adoption or 
Guardianship subsidy; therefore, these rates will be established by the 
Assistant Secretary. The Burial Assistance payment level will also 
remain an indigent Burial Assistance rate, and the rate will continue 
to be established by the Assistant Secretary. The Bureau has limited 
experience in dealing with natural disasters, but has coordinated 
assistance with Red Cross and Federal Emergency Management Assistance 
(FEMA) when disaster occurs on Indian reservations. The Assistant 
Secretary will establish payment rates for allowable expense(s) when 
disaster strikes an Indian reservation. The payment levels established 
by the Assistant Secretary will be reviewed and updated periodically. 
The Bureau will add a definition for financial assistance to add 
clarity.
    Burial Assistance means a financial assistance payment made on 
behalf of an indigent eligible Indian person who meets the eligibility 
criteria to provide minimum burial expenses according to the Bureau 
payment standards established by the Assistant Secretary--Indian 
Affairs.
    One commenter requested deletion of ``indigent.'' Other commenters 
recommended the tribe establish their own Burial Assistance payment 
level. One commenter recommended judgement funds not be counted as 
income toward the Burial Assistance payment.
    Response: These recommendations were not adopted. The Bureau's 
Burial Assistance has always been used for eligible Indians who are 
``indigent,'' and who have no resources available to be used for Burial 
Assistance. The Bureau will continue to make this assistance for 
``indigent'' Indians, only, and will retain the discretion to establish 
an indigent burial rate. Judgement funds that are exempted by federal 
law(s) are not counted as income by the Bureau for the purpose of 
federal assistance.
    Case means all individuals in the household.
    Some commenters stated that the definition for case was too 
simplified and needed to be further defined.
    Response: The recommendations were adopted and the definition was 
changed.
    Case management means the activity of a social services worker in 
assessing client and family problem(s), case planning, coordinating and 
linking services for clients, monitoring service provisions and client 
progress, advocacy, tracking and evaluating services provided, such as 
evaluation of child's treatment being concurrent with parent's 
treatment, and provision of aftercare service. Activities may also 
include resource development and providing other direct services such 
as accountability of funds, data collection, reporting requirements, 
and documenting activities in the case file.
    Some commenters stated that social services staff cannot perform 
this function without additional resources, and one commenter stated 
that this is a practice issue, and should not be part of the Bureau's 
definitions.
    Response: These recommendations were not adopted. The need for 
additional resources to accomplish case management was not addressed as 
this is not a regulatory issue. The Bureau disagreed with the comment 
that this definition is primarily a practice issue. The Bureau views 
this definition as a quality control method used by a social services 
worker and his/her supervisor to track cases to ensure appropriate 
services are provided. In addition, a review system is established to 
determine client progress and link resources that may be needed to 
institute change. This definition will be of assistance to case 
managers for maintaining data collection and/or information required by 
federal laws and for documenting the need for welfare assistance funds.
    Case plan means a signed written plan with time limited goals which 
is developed and signed by the service recipient and social services 
worker. The plan will include documentation of referral and 
ineligibility for other services. The plan must incorporate the steps 
needed to assist individuals and families to resolve social, economic, 
psychological, interpersonal, and/or other problems, to achieve self-
sufficiency and independence. All plans for children in Foster Care 
must include a time specific goal of the return of the child to the 
home or initiation of a guardianship/adoption.
    Some commenters requested explanation as to when permanency plans 
should be included in case plans. One wanted a clarification as to how 
the case plan differed from the Individual Self-sufficiency Plan (ISP).
    Response: These recommendations were partially adopted. Permanency 
plans should be developed and included in case plans for all out of 
home placements including residential care. The definition of 
``Permanency Plan'' includes language that allows tribes to establish a 
permanency plan for children that are consistent with their

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tribal codes. ISP is specific action(s) which a General Assistance 
recipient must accomplish in order to become employed and retain 
employment. The definition for the ISP states that this plan will be 
incorporated into the Case Plan, or in essence, the ISP is only one 
part of the Case Plan.
    Child means an Indian person under the age of 18 or such other age 
of majority as may be established for purposes of parental support by 
tribal or state law (if any) applicable to the person at his or her 
residence, except that no person who has been emancipated by marriage 
will be deemed a child.
    One commenter recommended that children should be exempted from 
employment as indicated in Sec. 20.315.
    Response: This recommendation was not adopted. Section 20.315 
states that the employment policy does not apply to a full time student 
under the age of 19. The definition was revised to provide clarity.
    Child Assistance means financial assistance provided on behalf of 
an Indian child, or an Indian under age 18, who is not eligible for any 
other state or federal assistance as documented in the case file and 
who requires placement in a foster home or specialized non-medical care 
facility, in accordance with standards of payments established by the 
state in which they reside pursuant to the foster care program under 
Title IV of the Social Security Act (49 Stat. 620), or has special 
needs as specified in Sec. 20.100.
    Some commenters requested that the term ``Child Welfare 
Assistance'' be retained, and some stated the Bureau should retain the 
current Child Welfare Assistance language that allows assistance to be 
provided to Indian children until they reach age 22. Some commenters 
stated that this definition should include payments for adoption 
subsidies, guardianship subsidies, homemaker, day care, and other out 
of home placements that use child assistance funds. One commenter 
stated that the change in terminology emphasizes service to children 
and moves away from the idea that this is not ``welfare.''
    Response: These recommendations were partially adopted. The Bureau 
provides child assistance to eligible Indian children who are under age 
18, because this is the age recognized nationally when a child is 
considered to be an adult. The Bureau retained the new terminology 
``Child Assistance'' because the emphasis of this program component is 
upon the well-being of children within the family unit. When the family 
encounters difficulties, a temporary out-of-home placement or respite 
assistance may be necessary to preserve the family. The cost associated 
with guardianship subsidy and adoption subsidy is addressed under the 
Bureau Standard of Assistance, and the expenses related to homemaker, 
day care and respite service are considered ``Special Needs'' as 
specified in Sec. 20.100. The definition was revised to include all the 
types of services that are provided under child assistance.
    Designated representative means an official of the Bureau who is 
designated by a Superintendent to hold a hearing as prescribed in 
Secs. 20.700 through 20.705 and who has had no prior involvement in the 
proposed decision under Sec. 20.602 and whose hearing decision under 
Secs. 20.700 through 20.705 will have the same force and effect as if 
rendered by the Superintendent.
    Some commenters requested the addition of a ``designated tribal 
official'' for tribal contracts or compacts.
    Response: This recommendation was not adopted. This recommendation 
was not added because tribes have authority to develop their own 
policies and procedures to handle appeals at Sec. 20.705.
    Disaster means a situation where a tribal community is adversely 
affected by a natural disaster or other forces which pose a threat to 
life, safety, or health as specified in Secs. 20.327 and 20.328.
    One commenter recommended the addition of ``man made'' disasters, 
and another recommended the addition of a tribal community disaster 
definition which would describe economic failures in the fishing and 
agriculture industries. Another commenter stated that tribal 
communities should declare their own disasters.
    Response: These recommendations were not adopted. The Bureau 
retained the disaster assistance definition, because there is no limit 
as to how man made disasters may be interpreted. As indicated in other 
areas of this regulation, the Bureau's financial resources are 
residual. The primary responsibility for service delivery for natural 
disasters is the Red Cross and the Federal Emergency Management Agency 
(FEMA), and state agencies and tribes should contact them to request 
disaster assistance. In the event assistance and/or services cannot be 
obtained from other resources, the tribe can make a request to the 
Bureau for disaster assistance. The process to be used by a tribe to 
declare a disaster is addressed at Sec. 20.328. The recommendation to 
include economic disasters was not accepted because general assistance, 
and other state assistance such as TANF are available to meet economic 
hardships of individuals needing financial assistance.
    Emergency means a situation where an individual or family's home 
and personal possessions are either destroyed or damaged through forces 
beyond their control as specified in Sec. 20.329.
    Some commenters stated that Emergency Assistance is too narrowly 
defined and should include conditions for emergency food, 
transportation and loss of heat in a winter storm.
    Response: These recommendations were not adopted. The Bureau's 
General Assistance and other assistance (TANF and Food Stamps) should 
be used to meet food needs, and transportation needs. If the winter 
storm is extensive in nature and poses a threat to life, safety or 
health, then such a request for assistance should be handled as a 
disaster as specified in Secs. 20.327 and 20.328.
    Employable means an eligible Indian person who is physically and 
mentally able to obtain employment, and who is not exempt from seeking 
employment in accordance with the criteria specified in Sec. 20.315.
    One commenter stated that in addition to being physically and 
mentally able to obtain employment, the person should have a high 
school diploma or General Equivalency Diploma (GED) to be considered 
employable.
    Response: This recommendation was not adopted. This recommendation 
is not accepted because an individual is not required to have a high 
school diploma or GED to be considered employable. The purpose of this 
regulation is to work with general assistance recipients and help them 
to become employed. It is preferable that individuals have a high 
school diploma or GED, but this is not a requirement to be considered 
employable.
    Essential needs means shelter, food, clothing and utilities, as 
included in the standard of assistance in the state where the eligible 
applicant lives.
    One commenter recommended that tribes establish their own 
definition for essential needs.
    Response: This recommendation was not adopted. Nationwide, the need 
determination for any state standard of assistance at a minimum 
includes food, shelter, clothing and utilities; therefore, the Bureau 
will retain the definition of essential needs.
    Extended family means persons related by blood, marriage or as 
defined by Indian custom.

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    Some commenters requested that ``tradition'' replace the word 
``custom,'' and one commenter wanted language to insure that where 
tribal codes for family existed they would take precedence. Some 
commenters requested the inclusion of ``Kinship care'' into this 
definition. One commenter recommended revising the definition as 
follows: Extended family will be defined by tribal law or custom, or in 
the absence of such law or custom, means a grandparent, grandchild, 
aunt or uncle, brother or sister, brother-in-law or sister-in-law, 
niece or nephew, first or second cousin, or stepparent or stepchild.
    Response: These recommendations were partially adopted. The 
inclusion of kinship care was not accepted, because kinship care is 
related to placement of children with relatives and/or the placement 
practice of a social service agency; however, the Bureau will include a 
reference to tribal law to ensure that existing tribal laws take 
precedence.
    Family assessment means a social services evaluation of a family's 
abilities and resources to provide the necessary care and supervision 
for the children, and individuals within the family's current living 
situation and is included in the case file.
    Some commenters stated that the definition is limited and the 
language ``is included in the file'' is not a definition. Some 
commenters recommended the addition of clinical or social service 
evaluation to this definition to clarify what should be included in the 
assessment.
    Response: These recommendations were partially adopted. The 
definition of family assessment was revised to include social services 
assessment. In addition, Sec. 20.404 was added to specify the minimum 
requirements needed in a social services assessment.
    Foster Care Services means those social services provided when an 
Indian child lives away from the family home.
    Some commenters stated that the definition is vague and too 
general.
    Response: This recommendation was adopted. The definitions of 
foster care services was revised to provide clarity and examples were 
provided.
    General Assistance means a secondary or residual source of 
financial assistance payments to eligible Indian individuals for 
essential needs as provided and pursuant to Secs. 20.300 through 
20.319.
    One commenter stated that the regulation must specify that general 
assistance is ``temporary,'' and another stated that general assistance 
should be provided only to ``enrolled eligible Indians'' of a federally 
recognized tribe. Another commenter suggested simplifying the 
definition.
    Response: These recommendations were partially adopted. General 
Assistance is temporary assistance and eligibility is reviewed 
periodically. There is a process for review of recipient eligibility 
every 3 months for employables and every 6 months for unemployables. 
The language ``eligible Indian individuals'' in the definition in 
Sec. 20.100 indicates that enrolled Indians of a federally recognized 
tribe may apply for general assistance. The reference to secondary or 
residual source was deleted.
    Head of household means the persons in the household with whom the 
household members live and who makes application for benefits.
    Some commenters stated that this definition needs to be redefined 
and clarified. One commenter stated that the definition should include 
language stating that one person can be the head of household, rather 
than a number of persons.
    Response: These recommendations were adopted. The definition was 
changed to clarify that one person was the head of household and 
financially responsible for the other members.
    Homemaker services means those non-medical services purchased or 
contracted for individuals who are not eligible for any other programs 
such as Medicaid/Medicare as documented in the case file. These 
individuals must be under the supervision of a social services agency 
which is administered by a person trained in such skills as child care 
and home management to prevent out-of-home placement.
    Some commenters recommended the deletion of the second sentence in 
the definition and deletion of ``Medicaid/Medicare,'' because this is a 
``policy'' statement rather than a definition. One commenter stated 
that the definition is vague and needs clarity and should include 
homemaker services for adults and children and a reference should be 
made to residential care.
    Response: These recommendations were partially adopted. References 
to Medicaid/Medicare were deleted as they were unnecessary and the 
addition of adults and children was not accepted as the use of 
individuals implies both adults and children as beneficiaries of this 
service. Residential Care was added and referenced and the definition 
was rewritten.
    Household means persons living together who may or may not be 
related to the ``head of household.''
    Some commenters requested that the definition be revised taking 
into consideration the existence of multiple households and the 
practice of accepting roommates when determining payment amounts. 
Another commenter stated that there is a need for the language ``who 
function as members of a family unit.''
    Response: These recommendations were not adopted. The process for 
calculation of payments in a multiple household is addressed at 
Sec. 20.313. The recommendation to include, ``who function as members 
of a family unit'' is not necessary because there is a legal obligation 
to support family members. There are circumstances when individuals who 
are not related to the head of household may be considered as 
additional persons in a general assistance household.
    Indian means any person who is a member of any of those tribes 
listed in the Federal Register, pursuant to 25 CFR part 83, as 
recognized by and receiving services from the Bureau of Indian Affairs.
    Some commenters stated that this definition should specify enrolled 
member or be simplified.
    Response: This recommendation was partially adopted. Membership is 
determined by tribes, and eligible members can receive services. The 
definition was revised and simplified.
    Indian court means Indian tribal court or court of Indian offenses.
    Some commenters recommended the deletion of ``Court of Indian 
Offenses.''
    Response: This recommendation was not adopted. Court of Indian 
Offenses was not deleted because this is the official name of a court 
operated by the United States Government.
    Indian tribe means an Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community that the Secretary of the Interior 
acknowledges to exist as an Indian tribe pursuant to Public Law 103-
454, 108 Stat. 4791.
    Some commenters requested retention of the current definition which 
states Alaska Native Village or regional or village corporation and 
asked that the definition be simplified.
    Response: This recommendation was adopted. The definition was 
revised and simplified.
    Individual Self-Sufficiency Plan (ISP) means a plan designed to 
meet the goal of employment through specific action steps and is 
incorporated within the case plan. The plan is jointly developed and 
signed by the general assistance recipient and social services worker.
    Some commenters stated that they objected to the addition of an ISP 
because this requirement will be burdensome. One commenter stated the 
self-sufficiency may be in conflict with

[[Page 63148]]

the state's self-sufficiency plan if the applicant is coming to general 
assistance from a TANF program.
    Response: These recommendations were not adopted. We acknowledge 
the development and implementation of an ISP may be burdensome, but it 
is good social work practice to have ISP's for employable general 
assistance recipients. Both the general assistance and TANF programs' 
expectation is to attain employment in order to become self-sufficient, 
and although the specific action steps to be taken to obtain employment 
for general assistance may not be the same as TANF, the ultimate goal 
is the same.
    Need means the deficit after consideration of income and other 
resources necessary to meet the cost of essential need items and 
special need items as defined by the Bureau standard of assistance for 
the state in which the applicant or recipient resides.
    No comments were received on this definition.
    Non-medical care means financial assistance for room and board 
services for individuals in non-medical care facilities. These 
individuals must not be eligible for SSI or any other federal or state 
programs and this information must be documented in the case file.
    Some commenters asked if ``non-medical service'' is the same as 
``non-medical care'' as the definition was confusing and should be 
revised or deleted. One commenter requested changing the words ``must 
not'' to ``should not.'' Another commenter requested clarification in 
terms of what was considered as residential care services.
    Response: This recommendation was adopted. This definition was 
deleted to avoid confusion and the definition of residential care 
services was added.
    Permanency plan means the documentation in a case plan which 
provides for permanent living alternatives for the child in foster care 
who is not eligible for any other federal or state program. Permanency 
plans are developed in accordance with tribal, cultural, and tribal/
state legal standards when the parent or guardian is unable to resolve 
the issues that require out-of-home placement of the children.
    Some commenters recommended permanency plans be developed in 
accordance with ICWA language.
    Response: This recommendation was partially adopted. Reference to 
ICWA was unnecessary in this definition. The definition was revised to 
include a description of the circumstances where a permanency plan may 
be required and language indicating that a plan has been developed and 
implemented.
    Protective services means those services necessary to protect an 
individual who is the victim of an alleged and/or substantiated 
incident of abuse, neglect or exploitation. In coordination with law 
enforcement and tribal courts, this may include placement of the 
individual out of the home to assure the safety of the individual while 
the allegations are being investigated. Social workers will not remove 
individuals from their homes without a court order except in life 
threatening situations. Protective services can also include provision 
of social services in the home, the coordination and referral to other 
programs/services and the involvement of Child Protection and/or Multi-
Disciplinary Teams.
    Some commenters objected to the sentence, ``Social Workers will not 
remove individuals from their homes without a court order except in 
life or death situations.'' One commenter requested additional clarity 
in explaining responsibility under protective services.
    Response: These recommendations were adopted. The justification for 
changing this language to read that social services workers can remove 
individuals in life threatening situations was accepted by the Bureau 
and the language was revised. Repetitive language was deleted and 
language was added to clarify that social services has responsibility 
for supervision of Individual Indian Money accounts.
    Public assistance means those programs of financial assistance 
provided by state, tribal, county, local and federal organizations 
including programs under Title IV of the Social Security Act (49 Stat. 
620), as amended, and Public Law 104-193.
    No comments were received on this definition.
    Recipient is an individual or person who has been determined as 
eligible through documentation in the case file and is receiving 
financial assistance under this part.
    No comments were received on this definition. This definition was 
revised for simplification.
    Recurring income means any cash or in-kind payment, earned or 
unearned, received on a monthly, quarterly, semiannual, or annual 
basis.
    No comments were received on this definition.
    Resources means income and other liquid assets available to an 
Indian person or household to meet current essential needs, unless 
otherwise specifically excluded by federal statute. Liquid assets are 
those items in the form of cash or other financial instruments which 
can be converted to cash, such as savings or checking accounts, 
promissory notes, mortgages and similar properties, and retirements and 
annuities.
    One commenter recommended the deletion of ``other financial 
instruments which can be converted to cash.'' Another commenter 
requested the exclusion of the value of the ``primary residence.''
    Response: These recommendations were not adopted. This definition 
is the same definition of resources in the current regulations, 25 CFR 
part 20, and deletion of this language would lead to confusion. The 
value of the primary residence of individuals applying for assistance/
services is not a countable resource.
    Secretary means the Secretary of the Interior.
    No comments were received on this definition.
    Service area means:
    (1) Reservations;
    (2) Areas adjacent or adjoining reservations;
    (3) Allotments outside the reservations;
    (4) Areas defined as reservations or service areas by statute; and/
or
    (5) Other defined areas designated by the Assistant Secretary--
Indian Affairs pursuant to this part.
    Some commenters requested that this definition be simplified. Other 
commenters recommended that near reservation and reservation be added 
to the definition.
    Response: These recommendations were adopted. A new definition was 
developed for service area and the definitions for near reservation and 
reservation were added.
    Services to children, elderly and families means social services, 
including protective services, not including money payments, provided 
through the social work skills of casework, group work or community 
development to assist in solving social problems involving children, 
elderly and families.
    One commenter requested the retention of existing language at 25 
CFR 20.24 (Family and Community Services), and one commenter 
recommended deletion of the word ``elderly'' in the title. Another 
commenter stated that they wanted clarification of what services will 
be provided to the elderly population.
    Response: These recommendations were not adopted. The title, 
``Services to Children, Elderly and Families'' is used in the budget 
justification and the title was retained as it accurately describes the 
program. The services to be

[[Page 63149]]

provided under this part are non-money payment social services to 
children, elderly, and families.
    Special needs means a financial assistance payment made to/or on 
behalf of individuals who have extenuating, non-medical circumstances 
which warrant a one-time annual financial assistance payment when other 
resources are not available and the circumstances are documented in the 
case files.
    Some commenters recommended the deletion of ``one-time annual 
financial assistance payment'' and requested clarification whether this 
category of assistance applied to both adults and children.
    Response: These recommendations were adopted. The one-time annual 
financial assistance payment limitation was deleted to allow greater 
flexibility. In addition, examples were provided to clarify the types 
of services that are considered to be special needs. Special needs have 
historically been limited to children's special needs, and not adults.
    Subsidized guardianship means a payment of a monthly subsidy, not 
to exceed 2 years, for the child in long-term, court approved 
guardianship placements. The child must not be eligible for any other 
federal or state program and this must be documented in the case file.
    Some commenters requested deletion of the 2-year limitation and 
requested an additional reference to social services.
    Response: This recommendation was adopted. We are in agreement with 
the recommendation and deleted the 2-year limitation. The definition 
was revised for simplification and was termed ``guardianship'' and a 
reference was added for social services.
    Substitute care means the provision of foster care or any in-home, 
out-of-home, or relative placement of the children by someone other 
than a parent.
    Some commenters stated this definition was confusing because it 
appeared to be interchangeable with the foster care at Sec. 20.509 
which was renumbered in the final rule as Sec. 20.507.
    Response: This recommendation was adopted. This definition was 
deleted because it was unnecessary.
    Superintendent means the Bureau official in charge of an agency 
office.
    No comments were received on this definition.
    Supplemental Security Income (SSI) means cash assistance provided 
under Title XVI of the Social Security Act (49 Stat. 620), as amended.
    Some commenters requested deletion of ``those programs of,'' and 
replaced with ``cash.''
    Response: This recommendation was adopted. This definition was 
revised to provide clarity.
    Temporary Assistance for Needy Families (TANF) means one of the 
programs of financial assistance provided under the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA).
    No comments were received on this definition.
    Tribal governing body means the federally recognized governing body 
of an Indian tribe.
    No comments were received on this definition.
    Tribal redesign plan means a tribally designed method for changing 
general assistance eligibility and/or payment levels in accordance with 
appropriation language so as to reduce dependence on general assistance 
as specified in Secs. 20.203 through 20.211.
    No comments were received on this definition. This definition was 
revised to accurately reflect that this authority is codified and no 
longer limited to appropriation language.
    Tribal Work Experience Program (TWEP) means a program operated by 
tribal contract/grant or self-governance annual funding agreement, 
which provides eligible participants with work experience and training 
that promotes and preserves work habits and develops work skills aimed 
toward self-sufficiency. The Bureau payment standard is established by 
the Assistant Secretary--Indian Affairs.
    Some commenters recommended that the TWEP definition include: 
gaining special experience, training and acquiring skills and knowledge 
necessary to qualify, access and retain employment.
    Response: This recommendation was not adopted. These goals and 
objectives are already part of the ongoing General Assistance/TWEP 
program.
    Unemployable means a person who meets the criteria specified in 
Sec. 20.315.
    Some commenters stated the definition was ``demeaning,'' and others 
recommended clarification. One commenter suggested that this definition 
be reworded to specify that Unemployable means a person that is 
exempted from the employment policy at Sec. 20.314.
    Response: These recommendations were not adopted. The definition 
conveys the meaning and does not need rewording.

Section 20.101  What Is the Purpose of This Part?

    Several commenters stated that other Bureau program entities such 
as TWEP and Adult Services should be added to this section to better 
explain the types of services available.
    Response: This recommendation was adopted. Financial assistance and 
social services were added to this section and described in terms of 
kinds of service.

Section 20.102  What Is the Bureau's Policy in Providing Financial 
Assistance and Social Services Under This Part?

    Some commenters stated that the Bureau program descriptions should 
be expanded to include employment and educational activity and that it 
be clarified that in some instances the Bureau programs were 
supplementing other agency programs on behalf of certain individuals. 
Some other commenters requested that the language be expanded to 
clarify that in certain states the Bureau programs are not comparable 
to county or state services and therefore should be of a primary 
nature. One commenter recommended adding a reference to self-
sufficiency.
    Response: These recommendations were not adopted. The Bureau 
regulations encompass financial assistance and social services and 
language that would address employment and educational activity would 
unjustly imply that the Bureau was revising parts 26 and 27 and folding 
them into part 20 and that is not the case. The Bureau's policy has 
always been that the social services program is secondary and is not to 
be used to supplement or supplant other programs and any language 
allowing the funds to be used otherwise would endanger the integrity of 
these funds and could lead to misuse of these limited funds. In 
response to the request for exemptions where there are variations in 
public assistance programs by county or state, existing regulations in 
part 1 provide a process for waiver if there is an unusual situation 
which requires special attention because applicants are being deprived 
of services. Reference to self-sufficiency is not necessary in the 
context of this section as references are made in subsequent sections. 
The Bureau renumbered (a) and (b) for clarity.

Section 20.103  Have the Information Collection Requirements in This 
Part Been Approved by the Office of Management and Budget?

    No comments were received on this section.

[[Page 63150]]

Subpart B--Welfare Reform

Section 20.200  What Contact Will the Bureau Maintain With State, 
Tribal, County, Local, and Other Federal Agency Programs?

    Some commenters stated that the Bureau should work closer with all 
other public assistance service providers to insure that there is no 
duplication and that individual client's needs are being met without 
limiting services to existing financial resources. One commenter 
suggested that ``will'' be deleted from the first sentence. Another 
commenter recommended language referencing tribes in the statement.
    Response: These recommendations were not adopted. The Bureau has 
been and will continue to work with all federal and state agencies 
responsible for the provision of services to Indian people. Additional 
language to emphasize this point was not necessary. Although it is 
ideal to have funding available to meet all of the needs of every 
applicant, in reality all programs are limited by the funds they have 
and must adhere to the specific criteria for their own programs. The 
use of ``will'' in the first sentence effectively conveys the intent of 
the Bureau and was not deleted. The reference to ``we'' in the 
statement above implies all providers of services and remains in the 
regulations.

Secton 20.201  How Does the Bureau Designate a Service Area and What 
Information Is Required?

    Some commenters stated that the Bureau should ensure that all 
eligible Indian members within the reservation, near reservation or 
service area be provided services and that language to that effect 
should be placed in the regulations and that tribes be sanctioned if 
they do not comply. Another commenter stated that limiting services to 
only tribal members was necessary for budgetary purposes. Some 
commenters requested that time frames be placed upon the Bureau to 
process requests for designation as near reservation or service area. 
Some commenters asked that ``Indian community'' be defined in more 
specific terms. One commenter requested that service area be defined as 
places where tribal members reside with no specific geographic area 
designated. Another commenter stated that tribes should have the 
flexibility to define their own service area. One commenter stated that 
they wanted service area to remain the same unless tribal governments 
request a change. Another commenter stated that it was unreasonable to 
require tribes to provide documentation for evaluation when they submit 
their request for service area designation. Another commenter stated 
that this section should be deleted and tribes should be allowed to 
accomplish this by tribal resolution. Another commenter requested that 
the definition of reservation which is in the current regulations and 
which contains reference to Alaska Native regions established pursuant 
to the Alaska Native Claims Settlement Act (85 Stat. 688) and Indian 
Allotments be retained. Another commenter recommended that ``can'' in 
(b) be replaced with ``will'' to make it mandatory. One commenter 
stated that the language in (c)(2) which was renumbered as (a)(2) in 
the final rule was too vague in that comparable services between 
California counties and the Bureau programs is a point of contention 
and needs to be resolved before the regulations can be put in final. 
Another commenter questioned (d)(1) which was renumbered as (b)(l) in 
the final rule as to whether ``administratively feasible'' applied to 
the tribe or the Bureau. Another commenter questioned the use of the 
language that tribes had to document that the proposed service area 
would not include counties or parts thereof that have reasonably 
available comparable services. Another commenter requested 
clarification whether tribes having reservations and near reservation 
designations would be required to obtain a service area designation.
    Response: These recommendations were partially adopted. The Bureau 
added language to ensure that all eligible Indian members within the 
reservation, near reservation or service area receive services. Time 
frames were not necessary for processing these requests as the number 
of requests for designation are very limited and will not require 
significant staff time. The term ``Indian community'' was deleted 
because it is unnecessary as a requirement for designation. Service 
area cannot be defined as any place where a tribal member resides in 
the United States or by any means that a tribe chooses because 
operation of the program would not be administratively or financially 
feasible if this language was accepted. Service areas do not change 
unless and until a tribe requests the change and documentation must be 
provided to give the Bureau sufficient facts to approve the request. 
This section was not deleted because this designation is a significant 
action with budgetary and policy ramifications. The Bureau added the 
definition for reservation which includes reference to the Alaska 
Native Claims Settlement Act (85 Stat. 688) and Indian Allotments. In 
addition, the definition for near reservation was added. The language 
stating that the Assistant Secretary can designate or modify service 
areas for a tribe in (b) was retained in the final rule as this conveys 
the intent of this section. The Bureau retained the language of 
reasonably available comparable services in (c)(2) and this subsection 
was renumbered as (a)(2) in the final rule to avoid duplication of 
services. The requirement of documentation for evaluation to support 
the service area designation as being ``administratively feasible'' was 
retained. The tribe requesting the designation is responsible for 
making sure the proposed area can be served within available funding 
constraints. Those tribes with reservations and near reservations as 
existing service areas are not required to request designation unless 
they request a modified geographic location as a service area.

Section 20.202  What Does Financial Assistance Include?

    Some commenters requested that financial assistance be included in 
Sec. 20.100 as a definition.
    Response: This recommendation was accepted and the definition for 
financial assistance was added in Sec. 20.100 and this section was 
deleted.

Section 20.203  What Is a Tribal Redesign Plan?

    Some commenters asked why the Bureau was implementing the redesign 
at this time and asked what authority did the Bureau have to allow 
changes in general assistance eligibility criteria and payment levels. 
One commenter requested that the section include language giving 
approval for the redesign of child assistance. This commenter also 
requested language to the effect that redesigned programs may be 
expanded if appropriation language in the future expands the number of 
programs that could be redesigned. One commenter stated that redesign 
plans in Oklahoma would require additional funds. Another commenter 
requested further clarification of this section. Another commenter 
stated that tribes already have authority to redesign the general 
assistance program.
    Response: These recommendations were not adopted. Congress 
specifically gave tribes the authority to redesign general assistance. 
No similar specific authority currently exists for tribes to redesign 
additional programs; therefore, no additional language was added to 
include child assistance. The language stating that the redesign will 
not result in additional expenses for the Bureau if

[[Page 63151]]

additional expenses are solely the result of increased payment levels 
is statutory. This section provides clarity as to the intent of the 
Bureau.

Section 20.204  Can a Tribe Incorporate Assistance From Other Sources 
Into a Tribal Redesign Plan?

    One commenter stated that the Bureau should add language to the 
effect that all welfare assistance programs should be allowed to be 
included with a Pub. L. 102-477 grant, a Public Law 103-413 self-
governance annual funding agreement, or a tribal redesign plan. Another 
commenter stated that tribes needed flexibility to use these funds to 
meet members' needs according to how the tribes identified these needs. 
Another commenter stated that this section should be rewritten to 
better describe the redesign in relation to Pub. L. 102-477. Another 
commenter asked if TANF could be included as a part of the tribal 
redesign plan.
    Response: These recommendations were partially adopted. The Bureau 
does not have the authority to include all of the welfare assistance 
programs in a redesign. Adequate flexibility is available for tribes to 
redesign their programs. Tribal redesign and Pub. L. 102-477 are 
separate tools for tribes to use while exercising self-determination. 
The section was rewritten to better convey the concept of funding from 
other sources.

Section 20.205  Must All Tribes Submit a Tribal Redesign Plan?

    One commenter stated that the table of contents mistakenly worded 
this section by using the word ``develop'' instead of ``submit.''
    Response: This recommendation was adopted. The Table of Contents 
will be corrected to read ``submit'' rather than ``develop.''

Section 20.206  Can Tribes Change Eligibility Criteria or Levels of 
Payments for General Assistance?

    Some commenters requested clarification in terms of who is to 
provide technical assistance and what level of funding would be used 
for the redesign plans. Another commenter wanted it clarified that 
tribes are not required to do a redesign if they did not want to pursue 
it. One commenter requested clarification as to how this section might 
affect Oklahoma. One commenter requested inclusion of child and adult 
assistance in this section. One commenter suggested deletion of (d) as 
it was redundant.
    Response: These recommendations were partially adopted. The Bureau 
or Office of Self-Governance will provide technical assistance on 
redesigned plans. The existing language is sufficient to convey that 
the redesign is not mandatory. It is unknown how this section might 
affect the State of Oklahoma, because tribes propose redesign plans and 
it is unknown whether any tribes in Oklahoma will attempt redesign 
plans. In answer to the comment made about the funding level to be 
used, the Bureau will add language that the funding for the program 
will be the same funding received in the most recent fiscal or calendar 
year, whichever applies.

Section 20.207  Must a Tribe Get Approval for a Tribal Redesign Plan?

    Some commenters pointed out that existing procedures are in effect 
whereby self-governance tribes routinely obtain approval for their 
annual funding agreements through the Office of Self-Governance and 
changing this process for redesign plans would be disruptive and 
counterproductive and that this language requiring approval by the 
Regional Director should be deleted. One commenter recommended that 
criteria be added specifying what is needed to obtain approval.
    Response: These recommendations were partially adopted. The Bureau 
did not delete this section but added language that clarifies who will 
approve the tribal redesign plan. The Office of Self-Governance will 
continue to be the point of contact for self-governance tribes. The 
Bureau plans to develop a technical assistance package that will assist 
tribes in formulating redesign plans; however, technical assistance 
documentation will not be codified in regulation.

Section 20.208  Can a Tribe Use Savings From a Tribal Redesign Plan To 
Meet Other Priorities of the Tribe?

    One commenter questioned how a general assistance program could 
remain a need-based program if there were savings which could be used 
for other priorities. Another commenter requested the Bureau to explain 
the different types of TPA funding in this section. Another commenter 
stated that an equitable level of funding should be established before 
the start-up of the redesign plan.
    Response: These recommendations were not adopted. The regulation 
and statutory language give tribes the ability to use cost savings for 
other priorities only in the case of the general assistance redesign. A 
discussion of the TPA and the Bureau's budget process is not 
appropriate for this regulation. The level of funding for the start-up 
of the redesign has been added in Sec. 20.205.

Section 20.209  What If the Tribal Redesign Plan Leads to Increased 
Costs?

    One commenter stated that with a redesigned program there may be 
increased costs and if that were the case, the Bureau should assume the 
additional costs.
    Response: This recommendation was not adopted. The Bureau is 
prohibited from assuming additional costs resulting solely from 
increased payment levels.

Section 20.210  Can a Tribe Operating Under a Tribal Redesign Plan Go 
Back to Operating Under This Part?

    No comments were received on this section. This section was 
renumbered as Sec. 20.209 in the final rule.

Section 20.211  Can Eligibility Criteria or Payments for Burial 
Assistance, Child Assistance, and Disaster Assistance Change?

    Some commenters requested an explanation as to why the general 
assistance program was the only program eligible for redesign. One 
commenter asked if their tribe could redesign their program eligibility 
criteria so as to exclude those members who are less than one-quarter 
blood quantum. Some commenters stated that under part 900 they already 
had authority to redesign programs. One commenter suggested that the 
section be deleted. Another commenter stated that tribes financially 
support, with their own funds, similar programs to the Bureau's welfare 
assistance programs and requested clarification as to whether they 
could supplement their programs with the Bureau funds.
    Response: These recommendations were not adopted. The Bureau has no 
Congressional authority or statute to allow programs including child 
assistance, disaster assistance, emergency assistance, and burial 
assistance to be redesigned. The tribes do have the flexibility to 
restrict services to certain populations of clients in the general 
assistance program if they choose to do so through a redesign plan and 
follow Sec. 20.206. This section was retained because language is 
needed to clarify how tribes may operate their programs under the 
redesign process. The Bureau cannot supplement tribal programs which 
are similar in nature because this is a duplication and Bureau funds 
are a limited resource.

Subpart C--Direct Assistance

Section 20.300  What Are the Basic Eligibility Criteria?

    Several commenters stated that (a) of this section is not 
consistent with Sec. 20.100, definition of an Indian, and

[[Page 63152]]

both need to be changed to include ``enrolled'' and ``federally 
recognized Indians of the United States.'' Other commenters stated that 
(a) would result in an increase in cases in Oklahoma because the 
existing regulations required one-fourth or more blood quantum in 
addition to being a member in the States of Alaska and Oklahoma. One 
commenter stated that the basic eligibility criteria contained in (b) 
of this section means that children and elderly needing protection, and 
families faced with emergencies must meet income requirements.
    Response: These recommendations were not adopted. The Bureau does 
not agree that (a) is inconsistent with the definition of Indian. The 
tribes determine eligibility for enrollment and membership in their 
respective tribes and the tribes listed in the Federal Register, 
pursuant to 25 CFR part 83, are recognized as eligible to receive 
services from the Bureau. Because tribal membership is the 
responsibility of the tribe, the Bureau is unable to determine the 
effect upon caseloads in Alaska and Oklahoma. Applicants are required 
to meet all the basic eligibility criteria of Sec. 20.300 including (b) 
to receive services.

Section 20.301  What Is the Goal of General Assistance?

    One commenter questioned how the Bureau general assistance goals 
and objectives compared to those of the National PRWORA. They asked if 
the Bureau supported the goals of reducing out of wedlock pregnancies 
and increasing collection of child support payments. One commenter 
requested deletion of ``meeting the goal of employment.'' One commenter 
stated that elder assistance should be available nationwide not just in 
a selective Region and stated that existing services should not be 
dropped.
    Response: These recommendations were partially adopted. The Bureau 
did not delete the statement about self-sufficiency from the 
regulations as it is a goal of the General Assistance Program to 
increase self-sufficiency. TANF goals and objectives are similar to 
general assistance but not identical. It is the social services 
worker's responsibility and the individual's right to develop a Self-
Sufficiency Plan which maintains the individual's and program's 
integrity. The Bureau agreed with the comments about the need for adult 
services and established an Adult Care Program under Secs. 20.331 
through 20.335.

Section 20.302  Are Indian Applicants Required To Seek Assistance 
Through TANF?

    Several commenters stated that all Indian applicants with dependent 
children are required to apply for TANF because general assistance is a 
secondary source. One commenter stated that applicants whose TANF 
benefits have been reduced due to TANF sanctions may not be eligible to 
receive general assistance as tribally determined. Another commenter 
stated these regulations require individuals to follow TANF 
regulations, and requested deletion of ``and follow TANF regulations.''
    Response: These recommendations were not adopted. The Bureau agreed 
with the comments that state that all applicants with dependent 
children are required to apply for TANF as general assistance is a 
secondary source. The Bureau agrees with the statement that applicants 
whose TANF benefits have been reduced due to TANF sanctions may not be 
eligible to receive general assistance even though the tribe is 
operating a tribal General Assistance program in a Public Law 102-477 
grant. The Bureau did not agree with the comment that these regulations 
cannot force individuals to comply with TANF regulations or the 
recommendation to delete the requirement to follow TANF regulations. 
The Bureau was not attempting to regulate TANF. General Assistance is a 
secondary program; therefore, the applicants must apply and follow the 
regulations of the primary resource of cash benefits which is TANF.

Section 20.303  When Is an Applicant Eligible for General Assistance?

    Two commenters stated that in (d) of this section which was 
renumbered as (c) in the final rule, the statement ``Not receive TANF'' 
should be changed to state ``If not directly receiving TANF Cash Aid'' 
and the word ``entitlement'' be changed to ``cash assistance'' because 
it is not the intent of the General Assistance regulations to prohibit 
a recipient from receiving general assistance while they are receiving 
other non-cash forms of assistance such as food stamps, surplus 
commodities, etc. One commenter stated that the ISP/Employment strategy 
development for each recipient is burdensome for tribes, who receive 
very little administrative money to administer general assistance and 
requested section (e) which was renumbered as (d) in the final rule be 
changed to read ``whenever possible.''
    Response: These recommendations were partially adopted. The Bureau 
revised (c) to include language referring to any comparable public 
assistance to avoid duplication of service. The Bureau did not agree 
with the recommendation to change section (e) which was renumbered as 
(d) in the final rule to read ``whenever possible'' because ISP/
employment strategy is necessary for applicants to become self-
sufficient.

Section 20.304  When Will the Bureau Review Eligibility for General 
Assistance?

    One commenter stated time limits are not feasible in Alaska.
    Response: This recommendation was not adopted. The Bureau did not 
agree with the statement about time limits in Alaska. At the time of 
interviewing the applicant and developing the ISP, the social services 
worker and applicant agree on a plan which documents when eligibility 
will be redetermined.

Section 20.305  What Does Redetermination Involve?

    Some commenters stated that home visits should not be included in 
redetermining program eligibility. One commenter stated that ISP's were 
not included in this section.
    Response: These recommendations were partially adopted. The Bureau 
did not agree that home visits should be deleted from this section. The 
Bureau agreed to add ISP.

Section 20.306  What Is the Payment Standard for General Assistance?

    One commenter asked how the Bureau was going to deal with states 
that pay $100 in TANF funds and recommended provisions to supplement 
amounts in states having low payment levels for TANF.
    Response: This recommendation was not adopted. The Bureau must 
follow Public Law 104-193 for determining levels of payment; however, 
the tribe has the option of contracting the TANF Program and/or 
redesigning the eligibility and payment levels of the General 
Assistance Program.

Section 20.307  What Resources Does the Bureau Consider When 
Determining Need?

    No comments were received on this section.

Section 20.308  What Does Earned Income Include?

    Two commenters stated they would like to have art work, crafts and 
beading struck from (a) of this section if the applicant/recipient 
performs the work as a hobby, but the language should remain for 
professionals.

[[Page 63153]]

    Response: This recommendation was adopted. If applicant/recipient 
are professionals, these activities should be considered as earned 
income for individuals who are self-employed. The Bureau agreed that if 
the applicant/recipient performs this as a hobby it should be 
eliminated from consideration as earned income.

Section 20.309  What Does Unearned Income Include?

    One commenter stated that ``or 25 percent of the state standard, 
whichever is less'' be deleted. One commenter stated that (c) be 
deleted in its entirety. One commenter questioned how shelter could be 
provided as in-kind income. One commenter stated that workman 
compensation settlement payments should be considered as income. One 
commenter stated that trust dollars should not be included.
    Response: These recommendations were not adopted. The Bureau 
retained the language in (c) and (e) as these subsections convey the 
policy of the Bureau which is to include all available items as 
unearned income. All agencies providing public assistance must consider 
all sources of income unless there is a specific federal disregard. 
Income generated from trust land was also retained because it is not 
included as a federal disregard. Workman compensation would be 
considered as a resource as defined in Sec. 20.100 rather than unearned 
income.

Section 20.310  What Recurring Income Must Be Prorated?

    No comments were received on this section.

Section 20.311  What Deducted Amounts Will Be Disregarded From the 
Gross Amount of Earned Income?

    One commenter stated that there are instances where general 
assistance recipients may receive income tax refunds. The commenter 
stated that language should be added to insure that income tax refunds 
are counted as income rather than disregarded.
    Response: This recommendation was not adopted. Federal and state 
tax refunds are considered as a resource. This section was revised to 
clarify that child care costs are deducted for children under the age 
of 6.

Section 20.312  What Amounts Will Be Disregarded From Income or Other 
Resources?

    One commenter asked if the $2,000 cited in subsection (a) is the 
statutory disregard of trust resources or an increase of the $1,000 
disregard currently in 25 CFR 20.21(g)(2)(i). This commenter stated 
that this section is unclear and may reduce eligibility requirements 
making additional individuals eligible for the program. Another 
commenter requested a list of federal disregards be published in the 
regulations. One commenter requested that this disregard also apply to 
children. Another commenter requested addition of (d) to clarify that 
vehicles are a disregarded resource.
    Response: These recommendations were not adopted. The $2,000 
disregard was an increase over the existing $1,000 disregard and does 
not financially impact the program. A list of federal disregards was 
not listed in the regulations as these change periodically. The 
disregard does apply to children as well as adults. The Bureau's 
program has never included vehicles nor has the issue arisen in the 
past; therefore, there was no need to clarify this as a resource.

Section 20.313  How Will the Bureau Compute Financial Assistance 
Payments?

    Some commenters requested clarification as to how the Bureau will 
compute financial assistance payments. Another commenter stated General 
Assistance grants should be prorated from the date of application. 
Another commenter stated language needs to be developed for tribal 
redesign plans. Another commenter stated that the procedure in (b) for 
prorating shelter costs when two households reside in the same shelter 
is unclear and may reduce eligibility requirements and thus make 
additional individuals eligible for the program.
    Response: These recommendations were not adopted. The process for 
computing financial assistance payments and prorating is clearly 
explained. For tribes using tribal redesign plans, the same proration 
described here must be used to determine the amount of approved 
payments.

Section 20.314  What Is the Policy on Employment?

    One commenter stated that for a period of 60 days but not more than 
90 days be changed to ``for a period of at least 30 days'' because the 
sanction was too severe. Another commenter asked if job search will be 
eliminated once an ISP is established and agreed upon by the social 
services worker and recipient.
    Response: These recommendations were not adopted. The length of 
sanction remains 60-90 days as this was considered to be equitable. The 
number of job search contacts depends upon what was documented in the 
ISP.

Section 20.315  When Is the Employment Policy Not Applicable?

    One commenter requested more descriptive information in (c) to 
fully describe the example. Another commenter suggested changing (c) to 
the recipient must make satisfactory progress in an ISP that leads to 
employment and add language that states that continued eligibility for 
the program is also based on satisfactory progress. Another commenter 
recommended deleting language in (c) that states that ``he/she was an 
active general assistance recipient.'' Another commenter suggested in 
(g) changing the age to 5 and under if they do not attend school/head 
start. Another commenter asked if educational opportunity was limited 
to those under 19 and to those that have been active general assistance 
recipients. Another asked for an explanation of section 5404 of Public 
Law 100-297. Another commenter suggested deletion of (h) and 
eliminating the minimum commuting time of one hour each way and 
replacing it with reasonable travel time. Another commenter recommended 
adding language stating the employment policy would not apply for a 
person for whom employment is not accessible in a commuting time that 
is reasonable and comparable with others in similar circumstances.
    Response: These recommendations were not adopted. Examples were not 
needed as the language clearly describes all of the exceptions. Public 
Law 100-297 cannot be fully explained in these regulations just as 
other pertinent public laws referenced cannot be fully explained. The 
temporary medical injury which exceeds 3 months was clarified in terms 
of eligibility and referral. The commuting time was not changed as it 
is reasonable.

Section 20.316  What Must a Person Covered by the Employment Policy Do?

    One commenter suggested the following change: ``If you are covered 
by the employment policy in Sec. 20.314, you must seek employment in 
accordance with your ISP.'' This will make Sec. 20.316 consistent with 
Sec. 20.319.
    Response: This recommendation was not adopted. The language in 
Sec. 20.316 is consistent with existing policy in Sec. 20.319 which 
requires a general assistance recipient to actively seek employment and 
provide the social services worker with evidence of job search 
activities.

Section 20.317  How Will the Ineligibility Period Be Implemented?

    One commenter asked how the ineligibility period would be

[[Page 63154]]

implemented and requested additional language as an explanation.
    Response: This recommendation was not adopted. This section clearly 
describes how the ineligibility period is to be implemented by 
describing why the ineligibility will continue, how the suspension can 
be reduced, and who is affected by the suspension.

Section 20.318  What Case Management Responsibilities Does the Social 
Services Worker Have?

    One commenter stated social services workers should not have to 
supervise recipients because of lack of funds and staff and that case 
managers should help recipients get the services needed to meet their 
goals in their ISP. Another commenter recommended that social services 
worker be changed to a family advocate.
    Response: These recommendations were partially adopted. Social 
services workers do have responsibility for assisting recipients to 
meet their goals in their ISP's and monitoring work related activities. 
The funding or lack of funding cannot be dealt within the regulations. 
The term ``social services worker'' was retained.

Section 20.319  What Responsibilities Does the General Assistance 
Recipient Have?

    One commenter stated that the language ``Performs successfully'' 
needs to be explained in (b) and (c) and substitute words like 
``satisfactory progress.'' Another commenter questioned why a recipient 
must be in treatment and counseling.
    Response: These recommendations were not adopted. The Bureau 
retained the existing language as it describes participation in a 
positive context and success or lack of success is evaluated by each 
social services worker on a case by case basis. Participation in 
treatment and counseling services are appropriate for some recipients 
needing these types of services. The policy of the Bureau arranging 
supportive services and requiring recipient participation is consistent 
with other social services programs operating at the state and county 
levels.

Section 20.320  What Is TWEP?

    No comments were received on this section.

Section 20.321  Does TWEP Allow an Incentive Payment?

    One commenter requested that the payment standards be tribally 
determined. Another commenter asked whether TWEP was considered an 
incentive payment.
    Response: These recommendations were not adopted. The payment 
standard will be determined by the Bureau as this is a budgetary 
concern. TWEP payments are considered to be incentives.

Section 20.322  Who Is Eligible To Receive a TWEP Incentive Payment?

    One commenter recommended deletion of the following language ``in 
situations where the participation is mandatory.'' Another commenter 
suggested the following change: ``Where there are multiple family units 
in one household'' to ``Where there are more than one household in a 
dwelling.''
    Response: These recommendations were not adopted. Since tribes do 
have the option of making TWEP mandatory, the language was retained. 
The existing language regarding family units was retained as it 
accurately conveys the intent of the section which is where there are 
multiple family units in one household, one member of each family unit 
will be eligible to receive the TWEP incentive payment.

Section 20.323  Will the Local TWEP Be Required To Have Written Program 
Procedures?

    One commenter suggested inclusion of language that states local 
TWEP must have specific written program procedures that cover progress.
    Response: This recommendation was not adopted. Progress is 
documented in the ISP for TWEP participants.

Section 20.324  When Can the Bureau Provide Burial Assistance?

    No comments were received on this section.

Section 20.325  What Is the Process for Making Application for Burial 
Assistance for Eligible Indians?

    One commenter suggested changing SSI to SSA lump sum death 
benefits. Another commenter stated that the standard of payments for 
burials is currently $1,300 and is not enough to take care of a proper 
burial and updating these standards should be considered. Another 
commenter stated, ``A tribal cultural wake in accordance to the tribe's 
culture'' should be added. Another suggested that a payment standard 
should be recommended by the Regional Director or Central Office. 
Another commenter recommended changing the language to state that 
requests and applications for Burial Assistance must be submitted 
within 30 days after the issuance of a Death Certificate rather than 
following death.
    Response: These recommendations were not adopted. Social Security 
lump sums are considered as a resource and additional language was not 
needed. Payment rates which include cultural wakes will be reviewed 
periodically and raised if warranted. The Bureau retained existing 
language that applications need to be submitted within 30 days 
following death. The Assistant Secretary will establish the standard 
payment referred to in this section within 60 days after this rule is 
published in final.

Section 20.326  When Are the Related Transportation Expenses Covered by 
Burial Assistance?

    One commenter stated that it should be up to the tribe to determine 
when transportation expenses could be paid particularly in those 
instances when the individual is gone for more than 6 months. Another 
commenter stated that they were opposed to this section because they 
had tribal members who have resided outside of the service area for a 
period of time exceeding 6 consecutive months and this regulation 
prohibits them from helping these members with burial assistance.
    Response: These recommendations were not adopted. The Bureau has 
limited eligibility to eligible members who resided in the service area 
for at least the last 6 consecutive months of his/her life because of 
budgetary concerns.

Section 20.327  When Can the Bureau Provide Disaster Assistance?

    One commenter suggested tribal resolutions should be used to 
request disaster assistance. Another commenter recommended deletion of 
``provided'' and insertion of the word ``available.''
    Response: These recommendations were not adopted. The language was 
adequate in stating that disaster assistance can be provided in absence 
of FEMA and Red Cross.

Section 20.328  How Can a Tribe Apply for Disaster Assistance?

    One commenter stated that a tribal resolution requesting disaster 
assistance should be adequate rather than a Presidential declaration. 
Another commenter stated that there should be a time limit for response 
by the Bureau and that (b) should be deleted. One commenter suggested 
the tribal requests go directly to the Assistant Secretary for a final 
decision.
    Response: These recommendations were not adopted. The Bureau does 
not agree that only a tribal resolution should be required, and 
retained the entire section because the reporting requirements must be 
met in order to avoid duplication of services and to obtain projections 
of total need for

[[Page 63155]]

services. The request for disaster assistance must be processed by the 
local Bureau office to insure that all necessary documentation is 
included.

Section 20.329  When Can the Bureau Provide Emergency Assistance 
Payments?

    One commenter suggested language establishing a disaster 
contingency fund.
    Response: This recommendation was not adopted. It is unnecessary to 
set up such a fund given the limited need for these funds.

Section 20.330  What Is the Payment Standard for Emergency Assistance?

    One commenter recommended raising the rates and another stated that 
this section should only apply to tribes that have their own standards/
guidelines for emergency assistance. Another commenter recommended that 
this section be deleted.
    Response: These recommendations were not adopted. The Assistant 
Secretary will establish the payment standard referred to in this 
section within 60 days after this rule is published in final.

Subpart D--Services to Children, Elderly, and Families

Section 20.400  For Whom Should Services to Children, Elderly, and 
Families Be Provided?

    One commenter requested clarification as to the meaning of services 
to children, elderly and families.
    Response: This recommendation was not adopted. The term replaces 
the category formerly called, ``Family and Community Services'' which 
is the non-payment category of services. It was revised in the budget 
justification at the request of budget analysts because it provides a 
better description of recipients for whom services are provided.

Section 20.401  What Services Are Included Under Services to Children, 
Elderly and Families?

    One commenter stated that adult care service should be included in 
this section. Another commenter suggested that chore services should be 
included in this section. Other commenters recommended that additional 
funds be distributed to tribes as the work described in this section 
required more personnel. Another commenter stated that coordination 
with law enforcement and the courts could not be completed before 
removal of individuals needing protective services. Some commenters 
stated that there was confusion as the word ``elderly'' was used in the 
section title but within the body of the section ``adult'' was used 
consistently. One commenter stated that language should be added to 
explain that referrals could be made for adults in addition to 
children. Another commenter stated that language in (b)(4)(ii) which 
was renumbered as Sec. 20.403(d)(2) was troublesome, specifically the 
language, ``treatment of the identified conditions that are within the 
competence of social services.'' Another commenter made a comparison of 
this section with the Bureau's current regulation in Sec. 20.24 and 
stated that in his/her opinion the following services which are 
included in Sec. 20.24 would be unavailable: Services to responsible 
family members or guardians to seek appropriate court protections for 
the child or adult; investigation and reporting of adult abuse and 
neglect and of delinquency and runaways; and provisions of services by 
court order for marriage and divorce counseling, child custody, 
probation, foster care and supervision of children and adults in the 
home. Another commenter suggested that protective services be explained 
in more detail.
    Response: These recommendations were partially adopted. Adult care 
assistance was added in subpart C Sec. 20.331-20.335 and explained as a 
service. Chore service was not added as homemaker adequately describes 
the service to be provided. Additional funding for social service 
administration funding was not addressed in the regulations as the 
budget process is a separate issue from programmatic rulemaking. In 
response to the comment that in certain instances law enforcement and 
courts cannot be involved before removal for protective services, the 
Bureau made an adequate exception in terms of life threatening 
situations. The Bureau included a definition for ``adult'' which should 
clarify who is to be served. The Bureau made a change by adding 
Sec. 20.403 to make sure that elderly are included in referrals for 
homemaker services. The Bureau did not change (b)(4)(ii) as it 
accurately conveys that social service workers will limit services to 
the profession of social work. The Bureau did not add those sections 
referenced above in Sec. 20.24 as these are services that a tribe may 
choose to provide on its own initiative but they are not required by 
regulation. The Bureau added separate sections Secs. 20.402 and 20.403 
which explained when protective services are provided and clarified 
what types of services are provided. The Bureau added Sec. 20.404 to 
provide further explanation to the term ``social services assessment'' 
which was used in Sec. 20.403.

Subpart E--Child Assistance

Section 20.500  What Are the Eligibility Criteria for Child Assistance?

    One commenter stated that this section was not consistent with the 
Indian Child Welfare Act. Another commenter stated that the eligibility 
criteria should be deleted. Another commenter asked the question if 
tribes receive Title IV-E funding for foster care will their current 
Bureau funding for foster care be reduced. One commenter questioned why 
a documented family assessment was required in (a) which was renumbered 
as (b)(3) in the final rule. Another commenter stated that special 
needs in (a) which was renumbered as (b)(2) in the final rule should be 
defined. Another commenter requested clarification that courts do not 
make requests but instead issue orders. Another commenter requested an 
explanation of (d) which was renumbered as (f) in the final rule in 
terms of what is the meaning of all income accruing to children. 
Another commenter asked if relative care givers under (d) which was 
renumbered as (c) in the final rule would have to apply to state TANF 
and be denied payments or other assistance. Another commenter asked for 
language to allow general assistance to supplement TANF. Some 
commenters stated that in (e) where the word ``must'' was used that it 
should be replaced by the word ``will'' and another commenter stated 
that (e) should be deleted. One commenter stated that some of the 
services in subpart E are duplicated in subpart D and should be 
consolidated in subpart D. Another commenter noted a typographic error 
because ``and'' was not inserted after (a), (b) and (d). One commenter 
recommended that the residential care rate be computed the same way as 
the foster care rate.
    Response: These recommendations were partially adopted. This 
regulation did not address the Indian Child Welfare Act as that is 
addressed in part 23. Eligibility criteria were not deleted as criteria 
are needed to determine eligibility. In response to the question as to 
whether child assistance funding would be decreased if tribes received 
Title IV-E funding for foster care, the Bureau continues to operate the 
program as a need-based program. A documented family assessment is 
required so that the social services worker can make the best decision 
possible for eligibility and placement. ``Special needs'' was defined 
in

[[Page 63156]]

Sec. 20.100. There is no confusion in (a) that courts issue orders 
rather than make requests. The Bureau deleted (c), (d) and (e) and 
renumbered (f) to (c) for the purpose of clarity. The Bureau services 
described in subparts D and E remain where they are located because 
they are differentiated by payment or non-payment services. The 
typographic errors were corrected. The residential care rate was 
modified to be consistent with the foster care rate.

Section 20.501  What Are the Rates of Payment for Foster Care?

    One commenter questioned why the Bureau used Title IV of the Social 
Security Act as the payment rate for foster care and did not either set 
a Bureau rate or allow tribes to set their own rate.
    Response: This recommendation was not adopted. The Bureau has used 
this rate for many years and has found that it is the most appropriate 
rate to use for this service. This section was renamed and rewritten in 
the final rule in the form of a table for clarification purposes.

Section 20.502  Can Child Assistance Funds Be Used for Placement of 
Indian Children in Treatment Centers?

    One commenter stated that the requirement of a written agreement to 
be approved by the Regional Director, should be changed to the local 
Bureau official for approval. Another commenter requested clarification 
that this service was out of the home. Another commenter requested 
deletion of the requirement that placements had to be in facilities 
licensed by the tribe or state. Another commenter requested deletion of 
the requirement that a written agreement be signed between the various 
funding sources to identify the services each will pay before the 
actual placement. Another commenter requested that child assistance be 
used for other services other than room and board.
    Response: These recommendations were partially adopted. The 
approval by the Regional Director was changed to the Bureau line 
officer. The service provided in a treatment center is clearly a 
service that cannot be provided in the home. Treatment Center was 
revised to read residential care facilities in the final rule. 
Placements in licensed facilities insures a minimum level of service 
and was retained. Use of a written agreement specifying who is paying 
for specific services was retained as it is necessary to have a 
specific budget to work with because funds are limited. The Bureau 
retained the language that specifies use of funds for only room and 
board as the Bureau has limited funds and other agencies having primary 
service responsibility should be involved in payment for services.

Section 20.503  Can Child Assistance Funds Be Used for Indian Adoption 
Subsidies or Subsidized Guardianships?

    One commenter suggested that the 2-year limit for adoption and 
guardianship subsidies should be eliminated and that the Regional 
Director approval be changed.
    Response: This recommendation was adopted. The Bureau eliminated 
the 2-year limitation and changed the approval to the Bureau line 
officer. The redetermination for eligibility was clarified as being 
conducted on a yearly basis.

Section 20.504  What Eligibility Requirements Must Be Met for an Indian 
Adoption Subsidy or Subsidized Guardianship?

    One commenter requested explanation as to why children must be 
under the age 18 to be eligible for adoption subsidy or subsidized 
guardianship. Another commenter questioned the eligibility requirement 
for children to have been in foster care previously to be eligible for 
adoption subsidy or subsidized guardianship. Another commenter stated 
that this section prevented placement of children on temporary basis 
without permanency planning. Another commenter asked what the special 
circumstances were in (a). This section was combined with Sec. 20.503 
in the final rule.
    Response: These recommendations were not adopted. The requirement 
to be under the age of 18 (with regard to special circumstances as 
defined by tribal standards) and to have been in foster care previously 
to be eligible for adoption subsidy or subsidized guardianship was 
included to focus upon long-term cases which have the highest priority. 
The language in this section facilitates temporary placement if there 
is a need for this service. The tribes have flexibility to interpret 
special circumstances.

Section 20.505  What Is the Payment Standard for Adoption and 
Guardianship?

    Some commenters stated that the payment standard should be decided 
by the tribes operating the programs. This section was combined with 
Sec. 20.501 in the final rule.
    Response: This recommendation was not adopted. The Bureau needs to 
establish the rate as this is a budgetary concern. The Assistant 
Secretary will establish the payment standard referred to in this 
section within 60 days after this rule is published in final.

Section 20.506  Can Homemaker Services Be Provided With Child 
Assistance?

    One commenter stated that homemaker services should stay short term 
not to exceed 3 months. Another commenter requested that it not be 
limited to 3 months but language should be added to state it would be 
reviewed every 6 months. This section was renumbered as Sec. 20.504 in 
the final rule.
    Response: These recommendations were not adopted. Limiting services 
to 3 months accurately conveys the intent of this service which is to 
keep it short term.

Section 20.507  What Services Are Provided Jointly With the Child 
Assistance Program?

    One commenter requested that a written agreement signed among the 
various funding sources should be deleted. Another commenter requested 
that (b) protective services be explained in more detail. This section 
was renumbered as Sec. 20.505 in the final rule.
    Response: These recommendations were not adopted. The requirement 
for a written agreement was retained as this is an important planning 
and budgetary requirement which will clarify responsibilities before 
placement. Protective services were described in Sec. 20.401 which was 
renumbered as Secs. 20.402 and 20.403 and it was unnecessary to repeat 
them in this section.

Section 20.508  What Information Is Required in the Foster Care Case 
File?

    One commenter suggested that this section be deleted as it was 
unnecessary. One commenter suggested the addition of language at the 
end of (d) if available and at the end (h) if applicable after 
Medicaid. Another commenter suggested a rewrite of the section because 
(e) which references a payment plan with parental agreement may not be 
applicable where parents do not agree to contribute financial support. 
This section was renumbered as Sec. 20.506 in the final rule.
    Response: These recommendations were not adopted because the 
information requirements are critical for a successful foster care 
placement and specifying them in regulations ensures that the dates 
will be provided. Even if a parent does not agree to contribute 
financial support, there should be a plan which involves their 
participation as they are not relieved of responsibility. The parents' 
cooperation is needed

[[Page 63157]]

particularly if reunification is the ultimate goal.

Section 20.509  What Are The Requirements For Foster Care?

    One commenter asked if the intent of this section was to require 
social services workers to enforce child support collection. Another 
commenter asked whether homemaker services could be used for 
handicapped children. Another commenter pointed out that in many 
instances there was a poor relationship between tribes and state 
courts. One commenter stated that background checks conducted on foster 
home providers were not legal. One commenter stated that (a) implied 
that the court had a role in selecting the placement rather than social 
services and recommended language deleting the reference to courts. 
Another commenter questioned the use of state standards of payment for 
necessary care in (e) and recommended establishing the rates at the 
local level. Another commenter suggested a problem in (f) in gaining 
parental agreement and recommended addition of the phrase ``when 
possible.'' This section was renumbered as Sec. 20.507 in the final 
rule.
    Response: These recommendations were not adopted. The Bureau is not 
requiring social services workers to pursue child support enforcement; 
however, they are required to cooperate with other service delivery 
systems that have responsibility for enforcement of child support. 
Section 20.501 describes use of homemaker services for children which 
could include handicapped children but it is only short term in nature. 
Working relationships between tribes and states is not a subject that 
can be addressed in regulations. The Bureau retained the requirement of 
background checks as this is in compliance with part 63 and Public Law 
101-630.

Section 20.510  How Is the Court Involved in Foster Care Placements?

    One commenter stated that there was an inconsistency because 
Sec. 20.508(i) stated that a court needed to be involved if a placement 
goes beyond 30 days and therefore the language in Sec. 20.510 needed 
rewording because there were instances where the court may not be 
involved. This section was renumbered Sec. 20.508(i) in the final rule.
    Response: This recommendation was not adopted. The Bureau language 
did not need to be changed to clarify the intent because Sec. 20.508(i) 
gives flexibility in those instances where a court may not be involved 
by stating the placement will be in accordance with tribal codes and 
standards authorized by a court of competent jurisdiction and is not in 
conflict with Sec. 20.510.

Section 20.511  Should Permanency Plans Be Developed?

    Some commenters stated that the requirement to have permanency 
planning developed within 6 months was not possible or realistic and 
suggested that it be changed to 12 months.
    Response: This recommendation was not adopted. The Bureau retained 
the 6-month requirement as this is realistic and conveys that this 
should be a high priority.

Section 20.512  Can the Bureau/Tribal Contractors Make Indian Adoptive 
Placements?

    No comments were received on this section.

Section 20.513  Should Interstate Compacts Be Used for the Placement of 
Children?

    One commenter suggested changing ``must'' to ``should.''
    Response: This recommendation was adopted. The Bureau changed the 
wording.

Section 20.514  What Assistance Can the Courts Request From Social 
Services on Behalf of Children?

    One commenter stated that this section conflicted with Sec. 20.510.
    Response: This recommendation was not adopted. The Bureau did not 
agree that there was a conflict between Sec. 20.510 and Sec. 20.514, 
because Sec. 20.510 explains the courts authority in terms of 
expenditure of funds and Sec. 20.514 explains the types of social 
services that can be requested by the courts.

Section 20.515  What Is Required for Case Management?

    One commenter stated that in some instances there was not enough 
staff for a supervisor to complete case reviews every 90 days.
    Response: This recommendation was not adopted. The Bureau feels 
that reviewing cases every 90 days is both important and reasonable.

Section 20.516  How Are Child Abuse and Neglect Cases To Be Handled?

    One commenter suggested replacing ``must'' with the word ``will'' 
and also noted that there were insufficient funds to handle child abuse 
and neglect cases. One commenter questioned the requirement of child 
protection teams as their reading of Public Law 99-570 and Public Law 
101-630 did not specify child protection teams.
    Response: These recommendations were partially adopted. The Bureau 
replaced ``must'' with ``will.'' The lack of administrative funding 
cannot be addressed in the regulations. The Bureau has issued guidance 
on child protection teams for many years and there has never been any 
question raised about the legality of child protection teams, which are 
referenced under Pub. L. 99-570 and Pub. L. 101-630 to handle child 
protection issues. Therefore, the language was retained.

Subpart F--Administrative Procedures

Section 20.600  How Is an Application for Financial Assistance or 
Social Services Made?

    One commenter stated that there was confusion as to whether an 
application was required to be in writing. One commenter stated that 
there was confusion between applications and referrals. Another 
commenter stated that language was needed to clarify that contractors 
should forward applications to the appropriate tribal staff.
    Response: These recommendations were partially adopted. All 
applications must be in writing. The language should have stated that 
oral applications would need to be reduced to writing at a later date 
if an oral application was taken originally. Referrals are clearly for 
the purpose of making application so this language remained unchanged. 
The current regulations in place for the past 15 years have included 
reference to the Superintendent and there has never been confusion 
among tribes as to where applications must go when tribes operate the 
Social Service program. This particular language was retained. This 
section was rewritten in the final rule for clarification purposes.

Section 20.601  From Whom Is Eligibility Information Collected?

    Some commenters stated that when there was a change in the 
recipient's circumstances which affected payment level that a process 
for overpayment should be described and the direct service providers 
should be able to refer this matter to administrative staff for follow 
up. One commenter stated that this section was in conflict with 
Sec. 20.304 because it stated a recipient was required to immediately 
inform social services of any changes rather than within 30 days.
    Response: These recommendations were partially adopted. The 
overpayment process is more appropriately addressed in internal 
procedures. The Bureau changed Sec. 20.601 which was renumbered as 
Sec. 20.602 to require the recipient to immediately inform the social 
services office of any change in status affecting

[[Page 63158]]

eligibility or amount of assistance. This section was rewritten in the 
final rule for clarification purposes.

Section 20.602  How Is an Application Approved or Denied?

    One commenter stated that the proper reference in this section was 
Secs. 20.300 through 20.516 and also suggested the section should be 
rewritten to state that the Bureau is the approving or denying 
authority and that an additional section should be added for tribes to 
outline how they approve or deny an application. This section was 
renumbered as Sec. 20.603 in the final rule.
    Response: These recommendations were partially adopted. The Bureau 
changed the section reference number to add better clarity. However, 
the Bureau did not change the remainder of the section because there is 
no confusion as to tribes' responsibilities when they contract for the 
service.

Section 20.603  How Is an Applicant or Recipient Notified That Benefits 
or Services Are Denied?

    One commenter noted that under (5) ``not'' had been deleted and 
thus allowing an appeal under part 2 when the intent was to make the 
decision final and not subject to appeal if there was no request for a 
hearing within 20 days of the date of the notice. Another commenter 
suggested an additional section for contractors and inclusion of 
language in the original section stating that this section applied to 
the Bureau only. This section was renumbered as Sec. 20.604 in the 
final rule.
    Response: These recommendations were partially adopted. The Bureau 
agreed that under (5) ``not'' was incorrectly deleted and this was 
corrected. Additional language was not needed for contractors.

Section 20.604  How Is an Incorrect Payment Adjusted or Recovered?

    One commenter suggested an additional section for contractors and 
inclusion in the original section which specified that this section 
applied to the Bureau only. This section was renumbered as Sec. 20.606 
in the final rule.
    Response: This recommendation was not adopted. A separate section 
for contractors was not added as it is not necessary because part 900 
explains the responsibilities of contractors.

Section 20.605  What Happens When Applicants or Recipients Knowingly 
and Willfully Provide False, Fictitious, or Fraudulent Information?

    No comments were received on this section. This section was 
renumbered as Sec. 20.607 in the final rule and rewritten for 
clarification purposes.

Subpart G--Hearings and Appeals

Section 20.700  Can an Applicant or Recipient Appeal the Decision of a 
Bureau Official?

    No comments were received on this section.

Section 20.701  Does an Applicant or Recipient Receive Financial 
Assistance while an Appeal is Pending?

    One commenter stated that an applicant should not receive 
assistance if they have not been determined eligible for assistance.
    Response: This recommendation was not adopted. The section conveys 
the intent in that financial assistance will continue while the 
Superintendent makes a final decision on an appeal which is pending. 
Recovery for overpayments was addressed in the section.

Section 20.702  When Is an Appeal Hearing Scheduled?

    One commenter stated that the section should be rewritten to 
explain that the recipient has a right to request an extension of 10 
days for the date of the hearing.
    Response: This recommendation was not adopted. The Bureau did not 
make this change because this section does not guarantee an extension 
of 10 days for the hearing to the recipient nor was the section 
designed to provide such an extension.

Section 20.703  What Must the Written Notice of Hearing Include?

    No comments were received on this section.

Section 20.704  Who Conducts the Hearing or Appeal From a Bureau 
Decision or Action and What Is the Process?

    No comments were received on this section.

Section 20.705  Can an Applicant or Recipient Appeal a Tribal Decision?

    One commenter stated that there should be a process for applicants 
or recipients to appeal tribal decisions. Another commenter stated that 
this section violated tribal sovereignty.
    Response: These recommendations were not adopted. This process for 
appeals of a tribe's decisions should be an internal procedure which is 
specified in the tribe's own policy and procedure manual. This section 
was not changed because it clarifies the Bureau's role in terms of 
applicant or recipient appeals of tribal decisions.

Regulatory Planning and Review (E.O. 12866)

    This document is not a significant rule and is not subject to 
review by the Office of Management and Budget under Executive Order 
12866.
    (1) This rule will not have an effect of $100 million or more on 
the economy. It will not adversely affect in a material way the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local, or tribal governments or 
communities. Tribes have been operating this financial assistance 
program for 30 years and the amount of funding is dependent upon the 
local economy in terms of unemployment and extent of need for funds. 
Approximately 400 tribes receive some form of financial assistance 
yearly and the amount of funds varies according to caseload increases 
and decreases. The Bureau's total expenditure for social service 
programs is $94 million.
    (2) This rule will not create a serious inconsistency or otherwise 
interfere with an action taken or planned by another agency.
    (3) This rule does not alter the budgetary effects of entitlements, 
grants, user fees, or loan programs or the rights or obligations of 
their recipients. It establishes procedures for various social services 
programs, but does not alter the amounts that will be awarded.
    (4) This rule does not raise novel legal or policy issues.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) specifically 
excludes Indian tribes from its coverage.

Small Business Regulatory Enforcement Fairness Act (SBREFA)

    This rule is not a major rule under 5 U.S.C. 804(2), the Small 
Business Regulatory Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more. The financial assistance funds available total $94 million and 
are divided up between 400 Indian communities based upon need.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, federal, state, or local government 
agencies, or geographic regions. This rule provides guidance for a 
welfare benefit program and will not affect payment levels of eligible 
clients nor cause increases or decreases in existing caseloads or total 
expenditures.
    (c) Does not have significant adverse effects on competition, 
employment,

[[Page 63159]]

investment, productivity, innovation, or the ability of U.S.-based 
enterprises to compete with foreign-based enterprises. This program is 
a welfare benefit program and does not affect local enterprises.

Unfunded Mandates Reform Act

    This rule does not impose an unfunded mandate on state, local, or 
tribal governments or the private sector of more than $100 million per 
year. The rule does not have a significant or unique effect on state, 
local, or tribal governments or the private sector. A statement 
containing the information required by the Unfunded Mandates Reform Act 
(1 U.S.C. 1531, et seq.) is not required.

Takings (E.O. 12630)

    In accordance with Executive Order 12630, the rule does not have 
significant takings implications. A takings implication assessment is 
not required.

Federalism (E.O. 13132)

    In accordance with Executive Order 13132 this rule does not have 
significant Federalism effects. Consultation was not conducted with 
state and local officials because the rule does not affect state and 
local entities but does affect tribal communities. Consultation was 
conducted with tribal officials at three separate locations and their 
recommendations were considered in the preparation of the final rule.

Civil Justice Reform (E.O. 12988)

    In accordance with Executive Order 12988, the Office of the 
Solicitor has determined that this rule does not unduly burden the 
judicial system and meets the requirements of sections 3(a) and 3(b)(2) 
of the Order.

Paperwork Reduction Act

    This regulation requires an information collection from 10 or more 
parties and a submission under the Paperwork Reduction Act is required. 
An OMB Form 83-I and an information collection packet were reviewed by 
the Department and were sent to OMB for approval on March 31, 1999. 
Subsequently, OMB provided approval on June 8, 1999, for form number 
OMB 1076-0017 for the Bureau Financial and Social Services Program.
    The Bureau has reviewed the information needed and reduced the 
amount of information being collected. The information collection takes 
15 minutes for 200,000 respondents for a burden of 50,000 hours. The 
information collection is used to make decisions within the framework 
of the financial assistance program, such as determining eligibility, 
ensuring uniformity of services, and maintaining current records for 
audit purposes. The information collection is required to obtain or 
retain a benefit. Information covered by the Privacy Act will be kept 
confidential as required by regulation. Please note that an agency may 
not collect or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.

National Environmental Policy Act

    This rule does not constitute a major Federal action significantly 
affecting the quality of the human environment. A detailed statement 
under the National Environmental Policy Act of 1969 is not required.

List of Subjects in 25 CFR Part 20

    Administrative practice and procedures, Child welfare, Indians--
social welfare, Public assistance programs.

    For the reasons set out in the preamble, we are revising part 20 in 
chapter I of title 25 of the Code of Federal Regulations as follows.

PART 20--FINANCIAL ASSISTANCE AND SOCIAL SERVICES PROGRAMS

Subpart A--Definitions, Purpose and Policy
Sec.
20.100  What definitions clarify the meaning of the provisions of 
this part?
20.101  What is the purpose of this part?
20.102  What is the Bureau's policy in providing financial 
assistance and social services under this part?
20.103   Have the information collection requirements in this part 
been approved by the Office of Management and Budget?
Subpart B--Welfare Reform
20.200   What contact will the Bureau maintain with State, tribal, 
county, local, and other Federal agency programs?
20.201  How does the Bureau designate a service area and what 
information is required?
20.202  What is a tribal redesign plan?
20.203  Can a tribe incorporate assistance from other sources into a 
tribal redesign plan?
20.204  Must all tribes submit a tribal redesign plan?
20.205  Can tribes change eligibility criteria or levels of payments 
for General Assistance?
20.206  Must a tribe get approval for a tribal redesign plan?
20.207  Can a tribe use savings from a tribal redesign plan to meet 
other priorities of the tribe?
20.208  What if the tribal redesign plan leads to increased costs?
20.209  Can a tribe operating under a tribal redesign plan go back 
to operating under this part?
20.210  Can eligibility criteria or payments for Burial Assistance, 
Child Assistance, and Disaster Assistance and Emergency Assistance 
change?
Subpart C--Direct Assistance

Eligibility for Direct Assistance

20.300  Who qualifies for Direct Assistance under this subpart?
20.301  What is the goal of General Assistance?
20.302  Are Indian applicants required to seek assistance through 
Temporary Assistance for Needy Families?
20.303  When is an applicant eligible for General Assistance?
20.304  When will the Bureau review eligibility for General 
Assistance?
20.305  What is redetermination?
20.306  What is the payment standard for General Assistance?

Determining Need and Income

20.307  What resources does the Bureau consider when determining 
need?
20.308  What does earned income include?
20.309  What does unearned income include?
20.310  What recurring income must be prorated?
20.311  What amounts will the Bureau deduct from earned income?
20.312  What amounts will the Bureau deduct from income or other 
resources?
20.313  How will the Bureau compute financial assistance payments?

Employment Requirements

20.314  What is the policy on employment?
20.315  Who is not covered by the employment policy?
20.316  What must a person covered by the employment policy do?
20.317  How will the ineligibility period be implemented?
20.318  What case management responsibilities does the social 
services worker have?
20.319  What responsibilities does the general assistance recipient 
have?

Tribal Work Experience Program (TWEP)

20.320  What is TWEP?
20.321  Does TWEP allow an incentive payment?
20.322  Who can receive a TWEP incentive payment?
20.323  Will the local TWEP be required to have written program 
procedures?

Burial Assistance

20.324  When can the Bureau provide Burial Assistance?
20.325  Who can apply for Burial Assistance?
20.326  Does Burial Assistance cover transportation expenses?

Disaster Assistance

20.327  When can the Bureau provide Disaster Assistance?
20.328  How can a tribe apply for Disaster Assistance?

Emergency Assistance

20.329  When can the Bureau provide Emergency Assistance payments?

[[Page 63160]]

20.330  What is the payment standard for Emergency Assistance?

Adult Care Assistance

20.331  What is Adult Care Assistance?
20.332  Who can receive Adult Care Assistance?
20.333  How do I apply for Adult Care Assistance?
20.334  What happens after I apply?
20.335  What is the payment standard for Adult Care Assistance?
Subpart D--Services to Children, Elderly, and Families
20.400  Who should receive Services to Children, Elderly, and 
Families?
20.401  What is included under Services to Children, Elderly, and 
Families?
20.402  When are protective services provided?
20.403  What do protective services include?
20.404  What information is contained in a social services 
assessment?
Subpart E--Child Assistance
20.500  Who is eligible for Child Assistance?

How Child Assistance Funds Can Be Used

20.501  What services can be paid for with Child Assistance funds?
20.502  Can Child Assistance funds be used to place Indian children 
in residential care facilities?
20.503  When can Child Assistance funds be used for Indian adoption 
or guardianship subsidies?
20.504  What short-term homemaker services can Child Assistance pay 
for?
20.505  What services are provided jointly with the Child Assistance 
Program?

Foster Care

20.506  What information is required in the foster care case file?
20.507  What requirements must foster care providers meet?
20.508  What must the social service agency do when a child is 
placed in foster care, residential care or guardianship home?
20.509  What must the social services worker do when a child is 
placed in foster care or residential care facility?
20.510  How is the court involved in child placements?
20.511  Should permanency plans be developed?
20.512  Can the Bureau/tribal contractors make Indian adoptive 
placements?
20.513  Should Interstate Compacts be used for the placement of 
children?
20.514  What assistance can the courts request from social services 
on behalf of children?
20.515  What is required for case management?
20.516  How are child abuse, neglect or exploitation cases to be 
handled?
Subpart F--Administrative Procedures
20.600  Who can apply for financial assistance or social services?
20.601  How can applications be submitted?
20.602  How does the Bureau verify eligibility for social services?
20.603  How is an application approved or denied?
20.604  How is an applicant or recipient notified that benefits or 
services are denied or changed?
20.605  What happens when an applicant or recipient appeals a 
decision under this subpart?
20.606  How is an incorrect payment adjusted or recovered?
20.607  What happens when applicants or recipients knowingly and 
willfully provide false, or fraudulent information?
Subpart G--Hearings and Appeals
20.700  Can an applicant or recipient appeal the decision of a 
Bureau official?
20.701  Does an applicant or recipient receive financial assistance 
while an appeal is pending?
20.702  When is an appeal hearing scheduled?
20.703  What must the written notice of hearing include?
20.704  Who conducts the hearing or appeal from a Bureau decision or 
action and what is the process?
20.705  Can an applicant or recipient appeal a tribal decision?

    Authority: 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.

Subpart A--Definitions, Purpose and Policy


Sec. 20.100  What definitions clarify the meaning of the provisions of 
this part?

    Adult means an Indian person age 18 or older.
    Adult assistance care means financial assistance provided on behalf 
of an Indian adult who is not eligible for any other state, federal, or 
tribal assistance as documented in the case file and who requires non-
medical personal care and supervision due to advanced age, infirmity, 
physical condition or mental impairment.
    Appeal means a written request for correction of an action or 
decision of a specific program decision by a Bureau official 
(Sec. 20.700) or a tribal official (Sec. 20.705).
    Applicant means an Indian individual by or on whose behalf an 
application for financial assistance and/or social services has been 
made under this part.
    Application means the written or oral process through which a 
request is made for financial assistance or social services.
    Assistant Secretary means the Assistant Secretary--Indian Affairs.
    Authorized representative means a parent or other caretaker 
relative, conservator, legal guardian, foster parent, attorney, 
paralegal acting under the supervision of an attorney, friend or other 
spokesperson duly authorized and acting on behalf or representing the 
applicant or recipient.
    Bureau means the Bureau of Indian Affairs of the United States 
Department of the Interior.
    Bureau Standard of Assistance means payment standards established 
by the Assistant Secretary for burial, disaster, emergency, TWEP and 
adoption and guardian subsidy. In accordance with Public Law 104-193, 
the Bureau standard of assistance for general assistance is the state 
rate for TANF in the state where the applicant resides. Where the 
Bureau provides general assistance on a reservation that extends into 
another state, the Bureau will provide general assistance to eligible 
Indians based on the standard of assistance where the applicant resides 
if the applicant is not eligible for state general assistance or TANF. 
The Bureau standard of assistance for adult care assistance is the 
state rate for adult care assistance in the state where the applicant 
resides. The Bureau standard of assistance for foster care is the state 
rate for foster care in the state where the applicant resides as 
provided by Title IV of the Social Security Act (49 Stat. 620).
    Burial assistance means a financial assistance payment made on 
behalf of an indigent Indian who meets the eligibility criteria to 
provide minimum burial expenses according to Bureau payment standards 
established by the Assistant Secretary.
    Case means a single type of assistance and/or service provided to 
an individual or household in response to an identified need which 
requires intervention by social services.
    Case management means the activity of a social services worker in 
assessing client and family problem(s), case planning, coordinating and 
linking services for clients, monitoring service provisions and client 
progress, advocacy, tracking and evaluating services provided, such as 
evaluation of child's treatment being concurrent with parent's 
treatment, and provision of aftercare service. Activities may also 
include resource development and providing other direct services such 
as accountability of funds, data collection, reporting requirements, 
and documenting activities in the case file.
    Case plan means a written plan with time limited goals which is 
developed and signed by the service recipient and social services 
worker. The case plan will include documentation of referral and 
disapproval of eligibility for other services. The plan must 
incorporate the steps needed to assist individuals and families to 
resolve social, economic, psychological, interpersonal, and/or other 
problems, to achieve self-sufficiency and independence. All plans for 
children in foster care or residential

[[Page 63161]]

care must include a permanency plan which contains a time specific goal 
of the return of the child to the natural parents or initiation of a 
guardianship/adoption.
    Child means an Indian person under the age of 18 except that no 
person who has been emancipated by marriage will be deemed a child.
    Child assistance means financial assistance provided on behalf of 
an Indian child, who has special needs as specified in Sec. 20.100. In 
addition, assistance includes services to a child who requires 
placement in a foster home or a residential care facility in accordance 
with standards of payment levels established by the state or county in 
which the child resides. Further, assistance includes services to a 
child in need of adoption or guardianship in accordance with payment 
levels established by the Assistant Secretary.
    Designated representative means an official of the Bureau who is 
designated by a Superintendent to hold a hearing as prescribed in 
Secs. 20.700 through 20.705 and who has had no prior involvement in the 
proposed decision under Sec. 20.603 and whose hearing decision under 
Secs. 20.700 through 20.705 will have the same force and effect as if 
rendered by the Superintendent.
    Disaster means a situation where a tribal community is adversely 
affected by a natural disaster or other forces which pose a threat to 
life, safety, or health as specified in Secs. 20.327 and 20.328.
    Emergency means a situation where an individual or family's home 
and personal possessions are either destroyed or damaged through forces 
beyond their control as specified in Sec. 20.329.
    Employable means an eligible Indian person who is physically and 
mentally able to obtain employment, and who is not exempt from seeking 
employment in accordance with the criteria specified in Sec. 20.315.
    Essential needs means shelter, food, clothing and utilities, as 
included in the standard of assistance in the state where the eligible 
applicant lives.
    Extended family means persons related by blood, marriage or as 
defined by tribal law or custom.
    Family assessment means a social services assessment of a family's 
history and present abilities and resources to provide the necessary 
care, guidance and supervision for individuals within the family's 
current living situation who may need social service assistance and/or 
services.
    Financial Assistance means any of the following forms of assistance 
not provided by other federal, state, local or tribal sources:
    (1) Adult Care Assistance for adults who require non-medical 
personal care and supervision;
    (2) Burial Assistance for indigent burials;
    (3) Child Assistance for any child with special needs, in need of 
placement in a foster home or residential care facility, or in need of 
adoption or guardianship;
    (4) Disaster Assistance;
    (5) Emergency Assistance for essential needs to prevent hardship 
caused by burnout, flooding of homes, or other life threatening 
situations that may cause loss or damage of personal possessions;
    (6) General Assistance for basic essential needs; or
    (7) Tribal Work Experience Program for participants in work 
experience and training.
    Foster care services means those social services provided to an 
eligible Indian child that is removed from his or her home due to 
neglect, abandonment, abuse or other maltreatment and placed in a 
foster home. Services must also be extended to the affected family 
members and foster parent(s) with a goal of reuniting and preserving 
the family.
    General Assistance means financial assistance payments to an 
eligible Indian for essential needs provided under Secs. 20.300 through 
20.319.
    Guardianship means long-term, social services and court approved 
placement of a child.
    Head of household means a person in the household that has primary 
responsibility and/or obligation for the financial support of others in 
the household. In the case of a two parent household, one will be 
considered the head of household for the purpose of making an 
application for benefits.
    Homemaker services means non-medical services provided by social 
services, in the absence of other resources, to assist an eligible 
Indian in maintaining self-sufficiency, and preventing placement into 
foster care or residential care. Examples of services included in 
homemaker services are: cleaning an individual's home, preparing meals 
for an individual, and maintaining or performing basic household 
functions.
    Household means persons living together who may or may not be 
related to the ``head of household.''
    Indian means any person who is a member of an Indian tribe.
    Indian court means Indian tribal court or Court of Indian Offenses.
    Indian tribe means an Indian or Alaska Native tribe, band, nation, 
pueblo, village, or community which is recognized as eligible for the 
special programs and services provided by the United States because of 
their status as Indians.
    Individual Self-sufficiency Plan (ISP) means a plan designed to 
meet the goal of employment through specific action steps and is 
incorporated within the case plan for the general assistance recipient. 
The plan is jointly developed and signed by the recipient and social 
services worker.
    Near Reservation means those areas or communities designated by the 
Assistant Secretary that are adjacent or contiguous to reservations 
where financial assistance and social service programs are provided.
    Need means the deficit after consideration of income and other 
resources necessary to meet the cost of essential need items and 
special need items as defined by the Bureau standard of assistance for 
the state in which the applicant or recipient resides.
    Permanency plan means the documentation in a case plan which 
provides for permanent living alternatives for the child in foster 
care, a residential care facility, or in need of adoption or 
guardianship. Permanency plans are developed and implemented in 
accordance with tribal, cultural, and tribal/state legal standards when 
the parent or guardian is unable to resolve the issues that require 
out-of-home placement of the child.
    Protective services means those services necessary to protect an 
Indian who is the victim of an alleged and/or substantiated incident of 
abuse, neglect or exploitation or who is under the supervision of the 
Bureau in regard to the use and disbursement of funds in his or her 
Individual Indian Money (IIM) account.
    Public assistance means those programs of financial assistance 
provided by state, tribal, county, local and federal organizations 
including programs under Title IV of the Social Security Act (49 Stat. 
620), as amended, and Public Law 104-193.
    Recipient is an eligible Indian receiving financial assistance or 
social services under this part.
    Recurring income means any cash or in-kind payment, earned or 
unearned, received on a monthly, quarterly, semiannual, or annual 
basis.
    Regional Director means the Bureau official in charge of a Regional 
Office.
    Reservation means any federally recognized Indian tribe's 
reservation, pueblo, or colony.
    Residential care services means those rehabilitation services 
provided to an eligible Indian child that is removed from his or her 
home due to lack of

[[Page 63162]]

resources in the home to care for him or her and placed in a 
residential care facility.
    Resources means income, both earned and unearned, and other liquid 
assets available to an Indian person or household to meet current 
living costs, unless otherwise specifically excluded by federal 
statute. Liquid assets are those properties in the form of cash or 
other financial instruments which can be converted to cash, such as 
savings or checking accounts, promissory notes, mortgages and similar 
properties, and retirements and annuities.
    Secretary means the Secretary of the Interior.
    Service area means a geographic area designated by the Assistant 
Secretary where financial assistance and social services programs are 
provided. Such a geographic area designation can include a reservation, 
near reservation, or other geographic location.
    Services to children, elderly and families means social services, 
including protective services provided through the social work skills 
of casework, group work or community development to assist in solving 
social problems involving children, elderly and families. These 
services do not include money payments.
    Special needs means a financial assistance payment made to or on 
behalf of children under social services supervision for circumstances 
that warrant financial assistance that is not included in the foster 
care rates; for example, respite care, homemaker service, day care 
service, and may include basic needs (special diets) which are not 
considered as a medical need where other resources are not available.
    Superintendent means the Bureau official in charge of an agency 
office.
    Supplemental Security Income (SSI) means cash assistance provided 
under Title XVI of the Social Security Act (49 Stat. 620), as amended.
    Temporary Assistance for Needy Families (TANF) means one of the 
programs of financial assistance provided under the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996 
(PRWORA).
    Tribal governing body means the federally recognized governing body 
of an Indian tribe.
    Tribal redesign plan means a tribally designed method for changing 
general assistance eligibility and/or payment levels in accordance with 
25 U.S.C.A. Sec. 13d-3.
    Tribal Work Experience Program (TWEP) means a program operated by 
tribal contract/grant or self-governance annual funding agreement, 
which provides eligible participants with work experience and training 
that promotes and preserves work habits and develops work skills aimed 
toward self-sufficiency. The Bureau payment standard is established by 
the Assistant Secretary.
    Unemployable means a person who meets the criteria specified in 
Sec. 20.315.


Sec. 20.101  What is the purpose of this part?

    The regulations in this part govern the provision to eligible 
Indians of the following kinds of financial assistance and social 
services:
    (a) Adult Care Assistance;
    (b) Burial Assistance;
    (c) Child Assistance;
    (d) Disaster Assistance;
    (e) Emergency Assistance;
    (f) General Assistance;
    (g) Services to Children, Elderly and Families; and
    (h) Tribal Work Experience Program.


Sec. 20.102  What is the Bureau's policy in providing financial 
assistance and social services under this part?

    (a) Bureau social services programs are a secondary, or residual 
resource, and must not be used to supplement or supplant other 
programs.
    (b) The Bureau can provide assistance under this part to eligible 
Indians when comparable financial assistance or social services are 
either not available or not provided by state, tribal, county, local or 
other federal agencies.
    (c) Bureau financial assistance and social services are subject to 
annual Congressional appropriations.


Sec. 20.103  Have the information collection requirements in this part 
been approved by the Office of Management and Budget?

    The information collection requirements contained in Secs. 20.300, 
20.400, and 20.500 were submitted for clearance to the Office of 
Management and Budget under 44 U.S.C. 35d et seq. This information 
collection was approved by OMB with OMB Control #1076-0017. The 
expiration date is on the form. The information is collected to 
determine applicant eligibility for services. The information will be 
used to determine applicant eligibility and to insure uniformity of 
services. Response is required to obtain a benefit. The public 
reporting burdens for this form are estimated to average 15 minutes per 
response including time for reviewing the instructions, gathering and 
maintaining data, and completing and reviewing the form.

Subpart B--Welfare Reform


Sec. 20.200  What contact will the Bureau maintain with State, tribal, 
county, local, and other Federal agency programs?

    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.


Sec. 20.201  How does the Bureau designate a service area and what 
information is required?

    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.


Sec. 20.202  What is a tribal redesign plan?

    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.

[[Page 63163]]

    (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.


Sec. 20.203  Can a tribe incorporate assistance from other sources into 
a tribal redesign plan?

    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.


Sec. 20.204  Must all tribes submit a tribal redesign plan?

    No, you must submit a tribal redesign plan under Sec. 20.206 only 
if you want to change the way that the General Assistance program 
operates in your service area.


Sec. 20.205  Can tribes change eligibility criteria or levels of 
payments for General Assistance?

    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.


Sec. 20.206  Must a tribe get approval for a tribal redesign plan?

    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 or 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.


Sec. 20.207  Can a tribe use savings from a tribal redesign plan to 
meet other priorities of the tribe?

    Yes, you may use savings from a redesign of the general assistance 
program to meet other priorities.


Sec. 20.208  What if the tribal redesign plan leads to increased costs?

    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.


Sec. 20.209  Can a tribe operating under a tribal redesign plan go back 
to operating under this part?

    Yes, a tribe operating under a tribal redesign plan can choose to 
return to operation of the program as provided in Secs. 20.300 through 
20.323.


Sec. 20.210  Can eligibility criteria or payments for Burial 
Assistance, Child Assistance, and Disaster Assistance and Emergency 
Assistance change?

    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.

Subpart C--Direct Assistance

Eligibility for Direct Assistance


Sec. 20.300  Who qualifies for Direct Assistance under this subpart?

    To be eligible for assistance or services under this part, an 
applicant must meet all of the following criteria:
    (a) Be a member of an Indian tribe;
    (b) Not have sufficient resources to meet the essential need items 
defined by the Bureau standard of assistance for those Bureau programs 
providing financial payment;
    (c) Reside in the service area as defined in Sec. 20.100; and
    (d) Meet the additional eligibility criteria for each of the 
specific programs of financial assistance or social services in 
Secs. 20.301 through 20.516.


Sec. 20.301  What is the goal of General Assistance?

    The goal of the General Assistance program is to increase self-
sufficiency. Each General Assistance recipient must work with the 
social services worker to develop and sign an Individual Self-
Sufficiency Plan (ISP). The plan must outline the specific steps the 
individual will take to increase independence by meeting the goal of 
employment.


Sec. 20.302  Are Indian applicants required to seek assistance through 
Temporary Assistance for Needy Families?

    Yes, all Indian applicants with dependent children are required to 
apply for Temporary Assistance for Needy Families (TANF) and follow 
TANF regulations.


Sec. 20.303  When is an applicant eligible for General Assistance?

    To be eligible for General Assistance an applicant must:
    (a) Meet the criteria contained in Sec. 20.300;
    (b) Apply concurrently for financial assistance from other state, 
tribal, county, local, or other federal agency programs for which he/
she is eligible;
    (c) Not receive any comparable public assistance; and
    (d) Develop and sign an employment strategy in the ISP with the 
assistance of the social services worker to meet the goal of employment 
through specific action steps including job readiness and job search 
activities.


Sec. 20.304  When will the Bureau review eligibility for General 
Assistance?

    The Bureau will review eligibility for General Assistance:
    (a) Every 3 months for individuals who are not exempt from seeking 
or accepting employment in accordance with Sec. 20.315 or the ISP;
    (b) Every 6 months for all recipients; and
    (c) Whenever there is a change in status that can affect a 
recipient's eligibility or amount of assistance. Recipients must 
immediately inform the social services office of any such changes.


Sec. 20.305  What is redetermination?

    Redetermination is an evaluation by a social services worker to 
assess the need for continued financial assistance as outlined in 
Sec. 20.304. It includes:
    (a) A home visit;
    (b) An estimate of income, living circumstances, household 
composition for the month(s) for which financial assistance is to be 
provided; and
    (c) Appropriate revisions to the case plan and the ISP.


Sec. 20.306  What is the payment standard for General Assistance?

    (a) Under Public Law 104-193, the Bureau must use the same TANF 
payment standard (and any associated rateable reduction) that exists in 
the state or service area where the applicant or recipient resides. 
This payment standard is the amount from which the Bureau subtracts net 
income and resources to determine General Assistance eligibility and 
payment levels;

[[Page 63164]]

    (b) If the state does not have a standard for an adult, we will use 
either the difference between the standard for a child and the standard 
for a household of two, or one-half of the standard for a household of 
two, whichever is greater; and
    (c) If the state does not have a TANF program, we will use the AFDC 
payment standard which was in effect on September 30, 1995, in the 
State where the applicant or recipient resides.

Determining Need and Income


Sec. 20.307  What resources does the Bureau consider when determining 
need?

    When the Bureau determines General Assistance eligibility and 
payment levels, we consider income and other resources as specified in 
Secs. 20.308 and 20.309.
    (a) All income, earned or unearned, must be calculated in the month 
it is received and as a resource thereafter, except that certain income 
obtained from the sale of real or personal property may be exempt as 
provided in Sec. 20.309.
    (b) Resources are considered to be available when they are 
converted to cash.


Sec. 20.308  What does earned income include?

    Earned income is cash or any in-kind payment earned in the form of 
wages, salary, commissions, or profit, from activities by an employee 
or self-employed individual. Earned income includes:
    (a) Any one-time payment to an individual for activities which were 
sustained over a period of time (for example, the sale of farm crops, 
livestock, or professional artists producing art work); and
    (b) With regard to self-employment, total profit from a business 
enterprise (i.e., gross receipts less expenses incurred in producing 
the goods or services). Business expenses do not include depreciation, 
personal business and entertainment expenses, personal transportation, 
capital equipment purchases, or principal payments on loans for capital 
assets or durable goods.


Sec. 20.309  What does unearned income include?

    Unearned income includes, but is not limited to:
    (a) Income from interest; oil and gas and other mineral royalties; 
gaming income per capita distributions; rental property; cash 
contributions, such as child support and alimony, gaming winnings; 
retirement benefits;
    (b) Annuities, veteran's disability, unemployment benefits, and 
federal and state tax refunds;
    (c) Per capita payments not excluded by federal statute;
    (d) Income from sale of trust land and real or personal property 
that is set aside for reinvestment in trust land or a primary 
residence, but has not been reinvested in trust land or a primary 
residence at the end of one year from the date the income was received;
    (e) In-kind contributions providing shelter at no cost to the 
individual or household, this must equal the amount for shelter 
included in the state standard, or 25 percent of the state standard, 
whichever is less; and
    (f) Financial assistance provided by a state, tribal, county, 
local, or other federal agency.


Sec. 20.310  What recurring income must be prorated?

    The social services worker will prorate the following recurring 
income:
    (a) Recurring income received by individuals over a 12-month period 
for less than a full year's employment (for example, income earned by 
teachers who are not employed for a full year);
    (b) Income received by individuals employed on a contractual basis 
over the term of a contract; and
    (c) Intermittent income received quarterly, semiannually, or yearly 
over the period covered by the income.


Sec. 20.311  What amounts will the Bureau deduct from earned income?

    (a) The social services worker will deduct the following amounts 
from earned income:
    (1) Other federal, state, and local taxes;
    (2) Social Security (FICA);
    (3) Health insurance;
    (4) Work related expenses, including reasonable transportation 
costs;
    (5) Child care costs for children under the age of 6 except where 
the other parent in the home is unemployed and physically able to care 
for the children; and
    (6) The cost of special clothing, tools, and equipment directly 
related to the individual's employment.
    (b) For self-employed individuals, the social services worker will 
deduct the costs of conducting business and all of the amounts in 
paragraph (a) of this section.


Sec. 20.312  What amounts will the Bureau deduct from income or other 
resources?

    The social services worker will deduct the following amounts from 
income, or other resources:
    (a) The first $2,000 of liquid resources annually available to the 
household;
    (b) Any home produce from a garden, livestock, and poultry used by 
the applicant or recipient and his/her household for their consumption; 
and
    (c) Resources specifically excluded by federal statute.


Sec. 20.313  How will the Bureau compute financial assistance payments?

    (a) The social services worker will compute financial assistance 
payments by beginning with the Bureau standard of assistance and doing 
the following:
    (1) Subtracting from all resources calculated under Secs. 20.307 
through 20.310;
    (2) Subtracting the rateable reduction or maximum payment level 
used by the state where the applicant lives;
    (3) Subtracting an amount for shelter (see paragraph (b) of this 
section for details on how to calculate a shelter amount); and
    (4) Rounding the result down to the next lowest dollar.
    (b) The social services worker must calculate a shelter amount for 
purposes of paragraph (a)(3) of this section. To calculate the shelter 
amount:
    (1) The shelter amount must not exceed the amount for shelter in 
the state TANF standard;
    (2) If the state TANF does not specify an amount for shelter, the 
social services worker must calculate the amount as 25 percent of the 
total state TANF payment; and
    (3) If there is more than one household in a dwelling, the social 
services worker must prorate the actual shelter cost among the 
households receiving General Assistance; this amount cannot exceed the 
amount in the standard for individuals in similar circumstances. The 
head of each household is responsible for his/her portion of the 
documented shelter cost.
    (c) The social services worker must not provide General Assistance 
payments for any period before the date of the application for 
assistance.

Employment Requirements


Sec. 20.314  What is the policy on employment?

    (a) An applicant or recipient must:
    (1) Actively seek employment, including the use of available state, 
tribal, county, local or Bureau-funded employment services;
    (2) Make satisfactory progress in an ISP; and
    (3) Accept local and seasonable employment when it is available.
    (b) A head of household who does not comply with this section will 
not be eligible for General Assistance for a period of at least 60 days 
but not more than 90 days. This action must be documented in the case 
file.
    (c) The policy in this section does not apply to any person meeting 
the criteria in Sec. 20.315.

[[Page 63165]]

Sec. 20.315  Who is not covered by the employment policy?

    The employment policy in Sec. 20.314 does not apply to the persons 
shown in the following table.

------------------------------------------------------------------------
  The employment policy in
 Sec. 20.314 does not apply         if . . .              and . . .
          to . . .
------------------------------------------------------------------------
(a) Anyone younger than 16..
------------------------------------------------------------------------
(b) A full-student under the  He/she is attending   He/she is making
 age of 19.                    an elementary or      satisfactory
                               secondary school or   progress.
                               a vocational or
                               technical school
                               equivalent to a
                               secondary school.
------------------------------------------------------------------------
(c) A person enrolled at      He/she is making      He/she was an active
 least half-time in a          satisfactory          General Assistance
 program of study under        progress.             recipient for a
 Section 5404 of Pub. L. 100-                        minimum of 3 months
 297.                                                before
                                                     determination/
                                                     redetermination of
                                                     eligibility.
------------------------------------------------------------------------
(d) A person suffering from   It is documented in   He/she must be
 a temporary medical injury    the case plan that    referred to SSI if
 or illness.                   the illness or        the disability
                               injury is serious     status exceeds 3
                               enough to             months.
                               temporarily prevent
                               employment.
------------------------------------------------------------------------
(e) An incapacitated person   A physician,          The assessment is
 who has not yet received      psychologist, or      documented in the
 Supplemental Security         social services       case plan.
 Income (SSI) assistance.      worker certifies
                               that a physical or
                               mental impairment
                               (either by itself,
                               or in conjunction
                               with age) prevents
                               the individual from
                               being employed.
------------------------------------------------------------------------
(f) A caretaker who is        A physician or        The case plan
 responsible for a person in   certified             documents that: the
 the home who has a physical   psychologist          condition requires
 or mental impairment.         verifies the          the caretaker to be
                               condition.            home on a virtually
                                                     continuous basis;
                                                     and there is no
                                                     other appropriate
                                                     household member
                                                     available to
                                                     provide this care.
------------------------------------------------------------------------
(g) A parent or other         He/she personally
 individual who does not       provides full-time
 have access to child care.    care to a child
                               under the age of 6.
------------------------------------------------------------------------
(h) A person for whom         There is a minimum
 employment is not             commuting time of
 accessible.                   one hour each way.
------------------------------------------------------------------------

Sec. 20.316  What must a person covered by the employment policy do?

    (a) If you are covered by the employment policy in Sec. 20.314, you 
must seek employment and provide evidence of your monthly efforts to 
obtain employment in accordance with your ISP.
    (b) If you do not seek and accept available local and seasonal 
employment, or you quit a job without good cause, you cannot receive 
General Assistance for a period of at least 60 days but not more than 
90 days after you refuse or quit a job.


Sec. 20.317  How will the ineligibility period be implemented?

    (a) If you refuse or quit a job, your ineligibility period will 
continue as provided in Sec. 20.316(b) until you seek and accept 
appropriate available local and seasonal employment and fulfill your 
obligations already agreed to in the ISP;
    (b) The Bureau will reduce your suspension period by 30 days when 
you show that you have sought local and seasonal employment in 
accordance with the ISP; and
    (c) Your eligibility suspension will affect only you. The Bureau 
will not apply it to other eligible members of the household.


Sec. 20.318  What case management responsibilities does the social 
services worker have?

    In working with each recipient, you, the social services worker 
must:
    (a) Assess the general employability of the recipient;
    (b) Assist the recipient in the development of the ISP;
    (c) Sign the ISP;
    (d) Help the recipient identify the service(s) needed to meet the 
goals identified in their ISP;
    (e) Monitor recipient participation in work related training and 
other employment assistance programs; and
    (f) Document activities in the case file.


Sec. 20.319  What responsibilities does the general assistance 
recipient have?

    In working with the social services worker, you, the recipient, 
must:
    (a) Participate with the social services worker in developing an 
ISP and sign the ISP;
    (b) Perform successfully in the work related activities, community 
service, training and/or other employment assistance programs developed 
in the ISP;
    (c) Participate successfully in treatment and counseling services 
identified in the ISP;
    (d) Participate in evaluations of job readiness and/or any other 
testing required for employment purposes; and
    (e) Demonstrate that you are actively seeking employment by 
providing the social services worker with evidence of job search 
activities as required in the ISP.

Tribal Work Experience Program (TWEP)


Sec. 20.320  What is TWEP?

    TWEP is a program that provides work experience and job skills to 
enhance potential job placement for the general assistance recipient. 
TWEP programs can be incorporated within Public Law 93-638 self-
determination contracts, Public Law 102-477 grants, and Public Law 103-
413 self-governance annual funding agreements at the request of the 
tribe.

[[Page 63166]]

Sec. 20.321  Does TWEP allow an incentive payment?

    Yes, incentive payments to participants are allowed under TWEP.
    (a) Incentive payments are separate. The Bureau will not consider 
incentive payments as wages or work related expenses, but as grant 
assistance payments under Secs. 20.320 through 20.323.
    (b) The approved payment will not exceed the Bureau maximum TWEP 
payment standard established by the Assistant Secretary.


Sec. 20.322  Who can receive a TWEP incentive payment?

    (a) The head of the family unit normally receives the TWEP 
assistance payment.
    (b) The social services worker can designate a spouse or other 
adult in the assistance group to receive the TWEP assistance payment. 
The social services worker will do this only if:
    (1) The recognized head of the family unit is certified as 
unemployable; and
    (2) The designation is consistent with the ISP.
    (c) Where there are multiple family units in one household, one 
member of each family unit will be eligible to receive the TWEP 
incentive payment.


Sec. 20.323  Will the local TWEP be required to have written program 
procedures?

    Yes, the local TWEP must have specific written program procedures 
that cover hours of work, acceptable reasons for granting leave from 
work, evaluation criteria and monitoring plans and ISP's for 
participants. Work readiness progress must be documented in each ISP.

Burial Assistance


Sec. 20.324  When can the Bureau provide Burial Assistance?

    In the absence of other resources, the Bureau can provide Burial 
Assistance for eligible indigent Indians meeting the requirements 
prescribed in Sec. 20.300.


Sec. 20.325  Who can apply for Burial Assistance?

    If you are a relative of a deceased Indian, you can apply for 
burial assistance for the deceased Indian under this section.
    (a) To apply for burial assistance under this section, you must 
submit the application to the social services worker. You must submit 
this application within 30 days following death.
    (b) The Bureau will determine eligibility based on the income and 
resources available to the deceased in accordance with Sec. 20.100. 
This includes but is not limited to SSI, veterans' death benefits, 
social security, and Individual Indian Money (IIM) accounts. 
Determination of need will be accomplished on a case-by-case basis 
using the Bureau payment standard.
    (c) The Bureau will not approve an application unless it meets the 
criteria specified at Sec. 20.300.
    (d) The approved payment will not exceed the Bureau maximum burial 
payment standard established by the Assistant Secretary.


Sec. 20.326  Does Burial Assistance cover transportation costs?

    Transportation costs directly associated with burials are normally 
a part of the established burial rate. If a provider adds an additional 
transportation charge to the burial rate because of extenuating 
circumstances, the social services worker can pay the added charge. To 
do this, the social services worker must ensure and document in the 
case plan that:
    (a) The charges are reasonable and equitable;
    (b) The deceased was an eligible indigent Indian who was socially, 
culturally, and economically affiliated with his or her tribe; and
    (c) The deceased resided in the service area for at least the last 
6 consecutive months of his/her life.

Disaster Assistance


Sec. 20.327  When can the Bureau provide Disaster Assistance?

    Disaster assistance is immediate and/or short-term relief from a 
disaster and can be provided to a tribal community in accordance with 
Sec. 20.328.


Sec. 20.328  How can a tribe apply for Disaster Assistance?

    (a) The tribe affected by the disaster is considered the applicant 
and must submit the following to the Regional Director through the 
local Superintendent:
    (1) A tribal resolution requesting disaster assistance;
    (2) A copy of county, state, or Presidential declaration of 
disaster; and
    (3) The projected extent of need in the service area not covered by 
other federal funding sources.
    (b) The Regional Director must forward the above tribal documents 
and his/her recommendation to the Assistant Secretary for final 
decision on whether disaster assistance will be provided and to what 
extent.

Emergency Assistance


Sec. 20.329  When can the Bureau provide Emergency Assistance payments?

    Emergency Assistance payments can be provided to individuals or 
families who suffer from a burnout, flood, or other destruction of 
their home and loss or damage to personal possessions. The Bureau will 
make payments only for essential needs and other non-medical 
necessities.


Sec. 20.330  What is the payment standard for Emergency Assistance?

    The approved payment will not exceed the Bureau's maximum Emergency 
Assistance payment standard established by the Assistant Secretary.

Adult Care Assistance


Sec. 20.331  What is Adult Care Assistance?

    Adult care assistance provides non-medical care for eligible adult 
Indians who:
    (a) Have needs that require personal care and supervision due to 
advanced age, infirmity, physical condition, or mental impairments; and
    (b) Cannot be cared for in their own home by family members.


Sec. 20.332  Who can receive Adult Care Assistance?

    An adult Indian is eligible to receive adult care assistance under 
this part if he/she:
    (a) Is unable to meet his/her basic needs, including non-medical 
care and/or protection, with his/her own resources; and
    (b) Does not require intermediate or skilled nursing care.


Sec. 20.333  How do I apply for Adult Care Assistance?

    To apply for adult care assistance, you or someone acting on your 
behalf must submit an application form to the social services worker.


Sec. 20.334  What happens after I apply?

    (a) The Bureau will determine eligibility based upon the income and 
available resources of the person named in the application.
    (b) Upon approval by the social services worker, payments will be 
approved under purchase of service agreements for adult care provided 
in state or tribally licensed or certified group settings, or by 
individual service providers licensed or certified for homemaker 
service.


Sec. 220.335  What is the payment standard for Adult Care Assistance?

    The approved payment for adult care assistance will not exceed the 
applicable state payment rate for similar care.

[[Page 63167]]

Subpart D--Services to Children, Elderly, and Families


Sec. 20.400  Who should receive Services to Children, Elderly, and 
Families?

    Services to Children, Elderly, and Families will be provided for 
Indians meeting the requirements prescribed in Sec. 20.300 who request 
these services or on whose behalf these services are requested.


Sec. 20.401  What is included under Services to Children, Elderly, and 
Families?

    Services to Children, Elderly, and Families include, but are not 
limited to, the following:
    (a) Assistance in solving problems related to family functioning 
and interpersonal relationships;
    (b) Referral to the appropriate resource for problems related to 
illness, physical or mental handicaps, drug abuse, alcoholism, and 
violation of the law; and
    (c) Protective services.
    In addition, economic opportunity and money management may also be 
provided.


Sec. 20.402  When are protective services provided?

    Protective services are provided when children or adults:
    (a) Are deprived temporarily or permanently of needed supervision 
by responsible adults;
    (b) Are neglected, abused or exploited;
    (c) Need services when they are mentally or physically handicapped 
or otherwise disabled; or
    (d) Are under the supervision of the Bureau in regard to the use 
and disbursement of funds in the child's or adult's Individual Indian 
Money (IIM) account. Those IIM accounts that are established for 
children will be supervised by the Bureau until the child becomes an 
adult as defined in 25 CFR 115.


Sec. 20.403  What do protective services include?

    Protective services provided to a child, family or elderly person 
will be documented in the case files and:
    (a) Can include, but are not limited to, any of the following:
    (1) Providing responses to requests from members of the community 
on behalf of children or adults alleged to need protective services;
    (2) Providing services to children, elderly, and families, 
including referrals for homemaker and day care services for the elderly 
and children;
    (3) Coordinating with Indian courts to provide services, which may 
include, but are not limited to, the following:
    (i) Investigating and reporting on allegations of child abuse and 
neglect, abandonment, and conditions that may require referrals (such 
as mental or physical handicaps);
    (ii) Providing social information related to the disposition of a 
case, including recommendation of alternative resources for treatment; 
and
    (iii) Providing placement services by the court order before and 
after adjudication.
    (4) Coordinating with other community services, including groups, 
agencies, and facilities in the community. Coordination can include, 
but are not limited to:
    (i) Evaluating social conditions that affect community well-being;
    (ii) Treating conditions identified under paragraph (d)(1) of this 
section that are within the competence of social services workers; and
    (iii) Working with other community agencies to identify and help 
clients to use services available for assistance in solving the social 
problems of individuals, families, and children.
    (5) Coordinating with law enforcement and tribal courts, to place 
the victim of an alleged and/or substantiated incident of abuse, 
neglect or exploitation out of the home to assure safety while the 
allegations are being investigated. Social services workers may remove 
individuals in life threatening situations. After a social services 
assessment, the individual must be either returned to the parent(s) or 
to the home from which they were removed or the social services worker 
must initiate other actions as provided by the tribal code; and
    (6) Providing social services in the home, coordinating and making 
referrals to other programs/services, including Child Protection, and/
or establishing Multi-Disciplinary Teams.
    (b) Must include, where the service population includes IIM account 
holders:
    (1) Conducting, upon the request of an account holder or other 
interested party, a social services assessment to evaluate an adult 
account holder's circumstances and abilities and the extent to which 
the account holder needs assistance in managing his or her financial 
affairs; and
    (2) Managing supervised IIM accounts of children and adults (in 
conjunction with legal guardians), which includes, but is not limited 
to, the following:
    (i) Evaluating the needs of the account holder;
    (ii) Developing, as necessary and as permitted under 25 CFR 115, a 
one-time or an annual distribution plan for funds held in an IIM 
account along with any amendments to the plan for approval by the 
Bureau;
    (iii) Monitoring the implementation of the approved distribution 
plan to ensure that the funds are expended in accordance with the 
distribution plan;
    (iv) Reviewing the supervised account every 6 months or more often 
as necessary if conditions have changed to warrant a recommendation to 
change the status of the account holder, or to modify the distribution 
plan;
    (v) Reviewing receipts for an account holder's expenses and 
verifying that expenditures of funds from a supervised IIM account were 
made in accordance with the distribution plan approved by the Bureau, 
including any amendments made to the plan; and
    (vi) Petitioning a court of competent jurisdiction for the 
appointment of, or change in, a legal guardian for a client, where 
appropriate.


Sec. 20.404  What information is contained in a social services 
assessment?

    A social services assessment must contain, but is not limited to, 
the following:
    (a) Identifying information about the client (for example, name, 
address, age, gender, social security number, telephone number, 
certificate of Indian blood, education level), family history and 
medical history of the account holder;
    (b) Description of the household composition: information on each 
member of the household (e.g., name, age, and gender) and that person's 
relationship to the client;
    (c) The client's current resources and future income (e.g., VA 
benefits, retirement pensions, trust assets, employment income, 
judgment funds, general assistance benefits, unemployment benefits, 
social security income, supplemental security income and other 
governmental agency benefits);
    (d) A discussion of the circumstances which justify special 
services, including ability of the client to handle his or her 
financial affairs and to conduct day-to-day living activities. Factors 
to be considered should include, but are not limited to:
    (1) Age;
    (2) Developmental disability;
    (3) Chronic alcoholism or substance abuse;
    (4) Lack of family assistance or social support systems, or 
abandonment;
    (5) Self-neglect;
    (6) Financial exploitation or abuse;
    (7) Physical exploitation, neglect or abuse;
    (8) Senility; and
    (9) Dementia.

[[Page 63168]]

    (e) Documentation supporting the need for assistance (e.g., medical 
reports, police reports, court orders, letters from interested parties, 
prior assessments or evaluations, diagnosis by psychologist/
psychiatrist); and
    (f) Summary of findings and proposed services to meet the 
identified needs of the client.

Subpart E--Child Assistance


Sec. 20.500  Who is eligible for Child Assistance?

    A child is eligible for Child Assistance under this subpart if all 
of the following criteria are met:
    (a) The child must meet the requirements in Sec. 20.300.
    (b) The child's legally responsible parent, custodian/guardian, or 
Indian court having jurisdiction must:
    (1) Request assistance under this part in writing;
    (2) State that they are unable to provide necessary care and 
guidance for the child, or to provide for the child's special needs in 
his/her own home; and
    (3) Provide a documented social services assessment from the social 
services worker of whether parent(s), custodian, guardian(s) are able 
to care for their child.
    (c) All income accruing to the child, except income exempted by 
federal statute, must be used to meet the cost of special needs, foster 
home or residential care facility as authorized and arranged by social 
services.

How Child Assistance Funds Can Be Used


Sec. 20.501  What services can be paid for with Child Assistance funds?

    The social services program can use Child Assistance funds to pay 
for services as shown in the following table.

------------------------------------------------------------------------
                              Conditions that must     Maximum payment
  Service that can be paid           be met                 level
------------------------------------------------------------------------
(a) Room and board at         There must be no      The state or county
 residential care facilities   other resources       residential care
 licensed by the tribe or      available to pay      rate in the state
 state.                        these costs. See      in which the child
                               Sec.  20.502 for      resides.
                               other conditions
                               that must be met.
------------------------------------------------------------------------
(b) Adoption or guardianship  There must be no      The Bureau's maximum
 subsidies.                    other resources       adoption and
                               available to pay      guardianship
                               for this service.     payment standard.
                               See Sec.  20.503
                               for other
                               conditions that
                               must be met.
------------------------------------------------------------------------
(c) Short-term homemaker      There must be no      As approved by the
 services.                     other resources       Bureau line
                               (such as Medicaid)    officer.
                               available to pay
                               for this service.
                               Services can be
                               purchased for a
                               maximum of 3
                               months. See Sec.
                               20.504 for other
                               conditions that
                               must be met.
(d) Temporary foster care...  See Sec.  20.509 for  The state or county
                               conditions that       foster care rate in
                               must be met.          the state in which
                                                     the child resides.
------------------------------------------------------------------------
------------------------------------------------------------------------

Sec. 20.502  Can Child Assistance funds be used to place Indian 
children in residential care facilities?

    You, the social service program, can use Child Assistance funds to 
purchase or contract for room and board in licensed residential care 
facilities.
    (a) You can use Child Assistance funds to pay only for room and 
board. You must pay for other services that may be needed, including 
mental health, education, and physical therapy from other sources.
    (b) Before placement the various funding sources must sign an 
agreement that specifies the services each source will pay. The Bureau 
Line Officer must approve this agreement.


Sec. 20.503  When can Child Assistance funds be used for Indian 
adoption or guardianship subsidies?

    You, the social services program, can use Child Assistance funds to 
provide either adoption or guardianship subsidies if all of the 
following are true:
    (a) The child is 17 or younger;
    (b) The child has been in foster care prior to approval of the 
subsidy;
    (c) The social services worker has considered all other available 
resources, attempted permanency planning, and documented in the case 
file that placement was in the best interest of the child; and
    (d) The Bureau Line Officer approves the subsidy before it is 
authorized and redetermines eligibility on a yearly basis.


Sec. 20.504  What short-term homemaker services can Child Assistance 
pay for?

    You, the social services program, can use Child Assistance funds to 
pay for homemaker services as specified in Sec. 20.501 and this 
section. While housekeeping services are covered, homemaker services 
must focus on training household members in such skills as child care 
and home management. Homemaker services are provided for:
    (a) A child who would otherwise need foster care placement or who 
would benefit from supportive (protective) supervision;
    (b) A severely handicapped or special needs child whose care places 
undue stress on the family; or
    (c) A child whose care would benefit from specialized training and 
supportive services provided to family members.


Sec. 20.505  What services are provided jointly with the Child 
Assistance Program?

    The services listed in this section are provided by Services to 
Children, Elderly, and Families under this subpart jointly with the 
Child Assistance Program.
    (a) Social services provided for children in their own home aimed 
at strengthening the family's ability to provide for and nurture their 
child. These supportive services can include:
    (1) Social work case management;
    (2) Counseling for parents and children;
    (3) Group work, day care; and
    (4) Homemaker services, when necessary.
    (b) Protection of Indian children from abuse, neglect or 
exploitation in coordination with law enforcement and courts.
    (c) A written case plan must be established within 30 days of 
placement and reviewed within 60 days of placement or as outlined in 
tribally established standards, when temporary placement outside the 
home is necessary. The case plan must contain a written agreement 
signed among the various funding sources to identify the services that 
will be paid by each source in those instances where the child

[[Page 63169]]

requires services outside the authority of the Child Assistance 
program.

Foster Care


Sec. 20.506  What information is required in the foster care case file?

    At a minimum the following information is required:
    (a) Tribal enrollment verification in accordance with Sec. 20.100;
    (b) A written case plan (established within 30 days of placement), 
which would include a permanency plan detailing the need for and 
expected length of placement;
    (c) Information on each child's health status and school records, 
including medications and immunization records;
    (d) Parental consent(s) for emergency medical care, school, and 
transportation;
    (e) A signed plan for payment, including financial responsibility 
of parents and use of other appropriate resources;
    (f) A copy of the certification/license of the foster home;
    (g) A current photo of each child;
    (h) A copy of the social security card, birth certificate, Medicaid 
card and current court order;
    (i) For a placement beyond 30 days, copy of the action taken or 
authorized by a court of competent jurisdiction that documents the need 
for protection of the child;
    (j) For an involuntary placement, a social services assessment 
completed by a social services worker within 30 days of placement;
    (k) Documentation of a minimum of one visit to the placement 
setting per month by the social services worker with each child; and
    (l) A list of all prior placements, including the names of the 
foster parents and dates of placements.


Sec. 20.507  What requirements must foster care providers meet?

    If a child needs foster care, the social services worker must 
select care that meets the physical, behavioral, and emotional needs of 
the child. Foster care is intended to be short-term. The case plan must 
show that all of the requirements in paragraphs (a) through (c) of this 
section are met:
    (a) All foster homes must be certified or licensed by the tribe or 
other appropriate authority. Foster care placements beyond 30 days must 
be made through a court of competent jurisdiction to ensure that:
    (1) Federal background checks are completed prior to placement as 
required by Public Law 101-630; and
    (2) Training (optional for placements with relatives) is provided 
to the foster family.
    (b) If the child is placed with relatives in an adoption and 
guardian placement, the case file must contain an approved current home 
study.
    (c) An off-reservation foster home, or residential care facility 
under contract must meet the licensing standards of the state in which 
it is located or tribally established certifying/licensing standards.


Sec. 20.508  What must the social services agency do when a child is 
placed in foster care, residential care or guardianship home?

    The social services agency must make efforts to secure child 
support for the child in foster care or residential care through a 
court of competent jurisdiction.


Sec. 20.509  What must the social services worker do when a child is 
placed in foster care or residential care facility?

    When a child is placed in foster care or a residential care 
facility the social services worker must do all of the following:
    (a) Discuss with foster parents or caretakers, the child's special 
needs, including disabilities;
    (b) Provide counseling or referral to available resources;
    (c) Refer any child requiring medical, substance abuse, or 
behavioral (mental) health services to an appropriate health services 
to be assessed and to receive services;
    (d) Ensure that the case plan provides for all necessary costs of 
care (including clothing, incidentals, and personal allowance) in 
accordance with established state standards of payments;
    (e) Develop a foster family agreement signed and dated by the 
parties involved that specifies the roles and responsibilities of the 
biological parents, foster parents, and placing agency; the terms of 
payment of care; and the need for adherence to the established case 
plan;
    (f) Immediately report any occurrences of suspected child abuse or 
neglect in a foster home or residential care facility to law 
enforcement and protective services in accordance with tribal standards 
and reporting requirements under Public Law 101-630; and
    (g) Complete a yearly assessment of each tribal or state licensed 
foster home or residential care facility evaluating how the home has 
fulfilled its function relative to the needs of the child placed in the 
home.


Sec. 20.510  How is the court involved in child placements?

    The court retains custody of a child in placement and the care and 
supervision must be given to the appropriate social services agency. 
While the court can issue any court order consistent with tribal law, 
the courts do not have the authority to require expenditure of federal 
funds to pay for specifically prescribed or restrictive services or 
out-of-home placements of children. Case plans must be reviewed with 
the appropriate court at least every 6 months and a permanency hearing 
held within 12 months after a child enters foster care or residential 
care, or according to established tribal standards. These standards can 
be established in the tribal code and can be in accordance with 
available funding source requirements.


Sec. 20.511  Should permanency plans be developed?

    Permanency planning must be developed for all child placements 
within 6 months after initial placement of the child. Every reasonable 
effort will be made to preserve the family and/or reunify the children 
with the family and relatives when developing permanency plans. 
However, the child's health and safety are the paramount concern.


Sec. 20.512  Can the Bureau/tribal contractors make Indian adoptive 
placements?

    The Bureau is not an authorized adoption agency and staff must not 
arrange adoptive placements. However, long-term permanency planning can 
involve the Bureau social services workers cooperating with tribal 
courts to provide an adoption subsidy. Tribal contractors will provide 
adoption services as authorized by the tribal courts in accordance with 
tribal codes/law.


Sec. 20.513  Should Interstate Compacts be used for the placement of 
children?

    Interstate compact agreements should be used when appropriate for 
foster care, adoption and guardianship to protect the best interests of 
the child and to assure the availability of the funding resources and 
services from the originating placement source.


Sec. 20.514  What assistance can the courts request from social 
services on behalf of children?

    The courts can request the following:
    (a) Investigations of law enforcement reports of child abuse and 
neglect;
    (b) Assessment of the need for out-of-home placement of the child; 
and
    (c) Provision of court-related services following adjudication, 
such as monitoring, foster care, or residential care, or pre/post 
placement services.

[[Page 63170]]

Sec. 20.515  What is required for case management?

    Social services workers must document regular contact with children 
and families in accordance with specific program requirements. The 
social services agency is responsible for implementation of quality 
case management; this requires the supervisor's review of case plans 
every 90 days.


Sec. 20.516  How are child abuse, neglect or exploitation cases to be 
handled?

    Reported child abuse, neglect or exploitation cases and the 
requirement for background clearances will be handled in accordance 
with the Indian Child Protection and Family Violence Prevention Act of 
1990, Public Law 101-630, 25 CFR part 63, federal and/or state laws 
where applicable, and tribal codes which protect Indian children and 
victims of domestic violence. This includes developing and maintaining 
Child Protection Teams in accordance to Public Law 101-630 and 
collection of child abuse, neglect and exploitation data according to 
Public Law 99-570. Those cases referred by the state will be handled 
according to the Indian Child Welfare Act, Public Law 95-608, and 25 
CFR part 23.

Subpart F--Administrative Procedures


Sec. 20.600  Who can apply for financial assistance or social services?

    (a) You can apply for financial assistance or social services under 
this part if you:
    (1) Believe that you are eligible to receive benefits; or
    (2) Are applying on behalf of someone who you believe is eligible 
to receive benefits.
    (b) Under paragraph (a) of this section, any of the following may 
apply for benefits on behalf of another person: relatives, interested 
individuals, social services agencies, law enforcement agencies, 
courts, or other persons or agencies.


Sec. 20.601  How can applications be submitted?

    You can apply for financial assistance or social services under 
this part by:
    (a) Completing an application that you can get from your social 
services worker or tribe; or
    (b) Through an interview with a social services worker who will 
complete an application for you based on the oral interview.


Sec. 20.602  How does the Bureau verify eligibility for social 
services?

    (a) You, the applicant, are the primary source of information used 
to determine eligibility and need. If it is necessary to secure 
information such as medical records from other sources, you must 
authorize the release of information.
    (b) You must immediately report to your social services worker any 
changes in circumstances that may affect your eligibility or the amount 
of financial assistance that you receive.


Sec. 20.603  How is an application approved or denied?

    (a) Each application must be approved if the applicant meets the 
eligibility criteria in this part for the type of assistance requested. 
Financial assistance will be made retroactive to the application date.
    (b) An application must be denied if the applicant does not meet 
the eligibility criteria in Secs. 20.300 through 20.516.
    (c) The Superintendent must approve or deny an application within 
30 days of the application date. The local social services worker must 
issue written notice of the approval or denial of each application 
within 45 days of the application date.
    (d) If for a good reason the Superintendent cannot meet the 
deadline in paragraph (c) of this section, he or she must notify the 
applicant in writing of:
    (1) The reasons why the decision cannot be made; and
    (2) The deadline by which the Superintendent will send the 
applicant a decision.


Sec. 20.604  How is an applicant or recipient notified that benefits or 
services are denied or changed?

    If the Bureau increases, decreases, suspends, or terminates 
financial assistance, the social services worker must mail or hand 
deliver to the applicant or recipient a written notice of the action. 
The notice must:
    (a) State the action taken, the effective date, and the reason(s) 
for the decision;
    (b) Inform the applicant or recipient of the right to request a 
hearing if dissatisfied with the decision;
    (c) Advise the applicant or recipient of the right to be 
represented by an authorized representative at no expense to the 
Bureau;
    (d) Include the address of the local Superintendent or his/her 
designated representative to whom the request for a hearing must be 
submitted;
    (e) Advise the applicant or recipient that failure to request a 
hearing within 20 days of the date of the notice will cause the 
decision to become final and not subject to appeal under 25 CFR part 2; 
and
    (f) Be delivered to the applicant 20 days in advance of the 
effective date of the action.


Sec. 20.605  What happens when an applicant or recipient appeals a 
decision under this subpart?

    If you are an applicant or recipient and appeal a decision made 
under Sec. 20.604, you can continue to receive your assistance while 
your appeal is pending. For this to happen, you must submit your appeal 
by the deadline in Sec. 20.604(e).


Sec. 20.606  How is an incorrect payment adjusted or recovered?

    (a) When an incorrect payment of financial assistance has been made 
to an individual or family, a proper adjustment or recovery is 
required.
    (b) The proper adjustment or recovery is based upon individual need 
as appropriate to the circumstances that resulted in an incorrect 
payment.
    (c) Before adjustment or recovery, the recipient will be notified 
of the proposal to correct the payment and given an informal 
opportunity to resolve the matter.
    (d) If an informal resolution cannot be attained, the recipient 
must be given a written notice of decision and the procedures of 
Sec. 20.604 will apply.
    (e) If a hearing is requested, the hearing will be conducted in 
accordance with the procedures under Secs. 20.700 through 20.705.


Sec. 20.607  What happens when applicants or recipients knowingly and 
willfully provide false or fraudulent information?

    Applicants or recipients who knowingly and willfully provide false 
or fraudulent information are subject to prosecution under 18 U.S.C. 
Sec. 1001, which carries a fine of not more than $10,000 or 
imprisonment for not more than 5 years, or both. The social services 
worker will prepare a written report detailing the information 
considered to be false and submit the report to the Superintendent or 
his/her designated representative for appropriate investigative action.

Subpart G--Hearings and Appeals


Sec. 20.700  Can an applicant or recipient appeal the decision of a 
Bureau official?

    Yes, if you are an applicant or recipient, and are dissatisfied 
with a Bureau decision made under this part, you can request a hearing 
before the Superintendent or his/her designated representative. You 
must submit your request by the deadline in Sec. 20.604. The 
Superintendent or his/her designated representative can extend the 
deadline if you show good cause.

[[Page 63171]]

Sec. 20.701  Does an applicant or recipient receive financial 
assistance while an appeal is pending?

    Yes, if you appeal under this subpart, financial assistance will be 
continued or reinstated to insure there is no break in financial 
assistance until the Superintendent or his/her designated 
representative makes a decision. The Superintendent or his/her 
designated representative can adjust payments or recover overpayments 
to conform with his/her decision.


Sec. 20.702  When is an appeal hearing scheduled?

    The Superintendent or his/her designated representative must set a 
date for the hearing within 10 days of the date of request for a 
hearing and give written notice to the applicant or recipient.


Sec. 20.703  What must the written notice of hearing include?

    The written notice of hearing must include:
    (a) The date, time and location of the hearing;
    (b) A statement of the facts and issues giving rise to the appeal;
    (c) The applicant's or recipient's right to be heard in person, or 
to be represented by an authorized representative at no expense to the 
Bureau;
    (d) The applicant or recipient's right to present both oral and 
written evidence during the hearing;
    (e) The applicant's or recipient's right to confront and cross-
examine witnesses at the hearing;
    (f) The applicant's or recipient's right of one continuance of not 
more than 10 days with respect to the date of hearing; and
    (g) The applicant's or recipient's right to examine and copy, at a 
reasonable time before the hearing, his/her case record as it relates 
to the proposed action being contested.


Sec. 20.704  Who conducts the hearing or appeal of a Bureau decision or 
action and what is the process?

    (a) The Superintendent or his/her designated representative 
conducts the hearing in an informal but orderly manner, records the 
hearing, and provides the applicant or recipient with a transcript of 
the hearing upon request.
    (b) The Superintendent or his/her designated representative must 
render a written decision within 10 days of the completion of the 
hearing. The written decision must include:
    (1) A written statement covering the evidence relied upon and 
reasons for the decision; and
    (2) The applicant's or recipient's right to appeal the 
Superintendent or his/her designated representative's decision pursuant 
to 25 CFR part 2 and request Bureau assistance in preparation of the 
appeal.


Sec. 20.705  Can an applicant or recipient appeal a tribal decision?

    Yes, the applicant or recipient must pursue the appeal process 
applicable to the Public Law 93-638 contract, Public Law 102-477 grant, 
or Public Law 103-413 self-governance annual funding agreement. If no 
appeal process exists, then the applicant or recipient must pursue the 
appeal through the appropriate tribal forum.

    Dated: October 12, 2000.
Kevin Gover,
Assistant Secretary--Indian Affairs.
[FR Doc. 00-26703 Filed 10-19-00; 8:45 am]
BILLING CODE 4310-02-P