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ACF
Administration for Children and Families
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children, Youth and Families
1. Log No. ACYF-IM-84-2 2. Issuance Date: February 1, 1984
3. Originating Office: Children's Bureau
4. Key Words: Direct Grants to Eligible ITO's, PL 96-272

INFORMATION MEMORANDUM

TO:   INDIAN TRIBES, STATE ADMINISTRATORS OF STATE PUBLIC WELFARE AGENCIES AND OTHER INTERESTED INDIVIDUALS

SUBJECT:   Apportionment of Direct Grants to Eligible Indian Tribes and Indian Tribal Organizations: Section 428 of the Social Security Act.

LEGAL AND RELATED REFERENCES:   Sections 422(a), (b)(2)(8), 425, 427 and 428 of the Social Security Act; 45 CFR 1355.30, 1357.10(c), 1357.15(b)(c) and (d), 1357.25(d), 1357.40; and ACYFPI833 (June 6, 1983) and ACYFIM834 (June 6, 1983).

CONTENT:   For FY 1984, the appropriation for the Child Welfare Services State Grant Program (title IVB of the Social Security Act) is $165 million. In order to be eligible for a direct grant at the amount of their share of $141 million, an Indian Tribal Organization (ITO) must meet the requirements of 45 CFR 1357.40. In order to be eligible for any funds above that level, an ITO must: (1) be located in a State meeting the requirements of section 427(a) or (b) of the Act, (2) be meeting of the same requirements and (3) certify to that effect. Direct title IVB grants to ITO's are paid from the title IVb allotment of the States in which the ITO's are located. If an ITO is located in more than one State, funds are paid from the allotment of each State in which the ITO is located.

Title IVB allotments for ITO's are calculated by computing the amount per child in the State multiplied by the ITO population in the State and multiplied (or weighted) by a factor of 1.4 (similar to Territories) to compensate for the low tribal income.

In order to receive the funds potentially available to it, the ITO's share of total Federal and ITO funds expended by the ITO must equal at least 25 percent (of the total). The Federal share is 75 percent of the total, up to the amount listed in the attached table. The ITO's total expenditures may be greater than the amount needed to draw down the Federal funds, but the Federal reimbursement is limited.

In filling out the CWS101, the ITO should enter both its name and the name of the State in which it is located in the upper left hand corner. The ITO should enter the total funds it will expend during the Federal fiscal year in item IA (regardless of the amount of reimbursement available) and the Federal share of the total in item IB up to the maximum amount listed in the attached table. Attached also is a sample of a completed CWS101.

ACTION REQUIRED:   Eligible ITO's should submit a revised CWS101 to:

Financial Management Division
Children's Bureau
P.O. Box 1182
Washington, D.C. 20013

A copy of the Annual Budget Request should be sent to the appropriate Regional Office, ACYF. (Note that this request differs from the previous instructions regarding submittal of CWS 101's.)

Lucy C. Biggs
Acting Commissioner
Administration for Children, Youth and Families

Attachments

Attachment A:   Potentially eligible ITO's and the FY 1984 Title IV-B Allotments.
Sample CWS101