Final Rule: Elimination of Tribal Non-Federal Share Requirement

ACTION TRANSMITTAL

ACF-OCSS-AT-24-02

DATE:  February 12, 2024

TO:  Tribal IV-D Agencies

SUBJECT:  Final Rule: Elimination of Tribal Non-Federal Share Requirement

This final rule, published on February 12, 2024, in the Federal Register, Volume 89, Number 29, on page 9784  (PDF) eliminates the non-federal share of program expenditures requirement for tribal child support programs, including the 90/10 and 80/20 cost-sharing percentage rates.

The rule responds to consistent feedback and recommendations from tribes about the hardships the non-federal share creates for tribes with existing child support programs and those considering a program. 

Eliminating the non-federal share requirement promotes equity and honors tribal sovereignty and the trust relationship between the federal government and Tribal Nations. The purpose behind the trust doctrine is and always has been to ensure the survival and welfare of Indian tribes and people. This includes an obligation to provide those services required to protect and enhance tribal lands, resources, and self-government, and includes those economic and social programs necessary to raise the standard of living and social well-being of the Indian people to a level comparable to the non-Indian society.

The elimination of the non-federal share requirement will be effective for FY 2025. It will not impact FY 2024 funding.

REFERENCES: 45 CFR Parts 309 and 310

ACTION REQUIRED: No action required.

EFFECTIVE DATE: The final rule is in effect October 1, 2024.

INQUIRIES: Contact your OCSS Regional Program Specialist or the Division of Policy and Training at OCSS.DPT@acf.hhs.gov.

Tanguler Gray
Commissioner
Office of Child Support Services