Attachment A CFR-2010-title45-vol2-part287

§ 286.280

45 CFR Ch. II (10–1–10 Edition)

the transition from Welfare-to-Work;
and
(6) A description of the procedures
the Tribal TANF grantee has established and is maintaining to resolve
displacement complaints, pursuant to
§ 286.110. This description must include
the name of the Tribal TANF grantee
agency with the lead responsibility for
administering this provision and explanations of how the Tribal TANF grantee has notified the public about these
procedures and how an individual can
register a complaint.
(7) Tribes electing the FVO must submit a description of the strategies and
procedures in place to ensure that victims of domestic violence receive appropriate alternative services, as well
as an aggregate figure for the total
number of good cause domestic waivers
granted.
(c) If the Tribal TANF grantee has
submitted the information required in
paragraph (b) of this section in the
TFAP, it may meet the annual reporting requirements by reference in lieu of
re-submission. Also, if the information
in the annual report has not changed
since the previous annual report, the
Tribal TANF grantee may reference
this information in lieu of re-submission.
(d) If a Tribal TANF grantee makes a
substantive change in certain data elements in paragraph (b) of this section,
it must file a copy of the change either
with the next quarterly data report or
as an amendment to its TFAP. The
Tribal TANF grantee must also indicate the effective date of the change.
This requirement is applicable to paragraphs (b)(1), (b)(2), and (b)(3) of this
section.
§ 286.280 When
due?

are

annual

reports

(a) The annual report required by
§ 286.275 is due 90 days after the end of
the Fiscal Year which it covers.
(b) The first annual report for a Tribe
must include all months of operation
since the plan was approved.
§ 286.285 How do the data collection
and reporting requirements affect
Public Law 102–477 Tribes?
(a) A Tribe that consolidates its Tribal TANF program into a Public-Law

102–477 plan is required to comply with
the TANF data collection and reporting requirements of this section.
(b) A Tribe that consolidates its Tribal TANF program into a Public-Law
102–477 plan may submit the Tribal
TANF Data Reports and the Tribal
TANF Financial Report to the BIA,
with a copy to us.

PART 287—THE NATIVE EMPLOYMENT WORKS (NEW) PROGRAM
Subpart A—General NEW Provisions
Sec.
287.1 What does this part cover?
287.5 What is the purpose and scope of the
NEW Program?
287.10 What definitions apply to this part?

Subpart B—Eligible Tribes
287.15 Which Tribes are eligible to apply for
NEW Program grants?
287.20 May a Public Law 102–477 Tribe operate a NEW Program?
287.25 May Tribes form a consortium to operate a NEW Program?
287.30 If an eligible consortium breaks up,
what happens to the NEW Program
grant?

Subpart C—NEW Program Funding
287.35 What grant amounts are available
under the Personal Responsibility and
Work Opportunity Reconciliation Act of
1996 (PRWORA) for the NEW Program?
287.40 Are there any matching funds requirements with the NEW Program?
287.45 How can NEW Program funds be
used?
287.50 What are the funding periods for NEW
Program grants?
287.55 What time frames and guidelines
apply regarding the obligation and liquidation periods for NEW Program
funds?
287.60 Are there additional financial reporting and auditing requirements?
287.65 What OMB circulars apply to the
NEW Program?

Subpart D—Plan Requirements
287.70 What are the plan requirements for
the NEW Program?
287.75 When does the plan become effective?
287.80 What is the process for plan review
and approval?
287.85 How is a NEW plan amended?
287.90 Are Tribes required to complete any
certifications?
287.95 May a Tribe operate both a NEW Program and a Tribal TANF program?

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§ 287.10

287.100 Must a Tribe that operates both
NEW and Tribal TANF programs submit
two separate plans?

Subpart E—Program Design and
Operations
287.105 What provisions of the Social Security Act govern the NEW Program?
287.110 Who is eligible to receive assistance
or services under a Tribe’s NEW Program?
287.115 When a NEW grantee serves TANF
recipients, what coordination should
take place with the Tribal or State
TANF agency?
287.120 What work activities may be provided under the NEW Program?
287.125 What supportive and job retention
services may be provided under the NEW
Program?
287.130 Can NEW Program activities include
job market assessments, job creation and
economic development activities?
287.135 Are bonuses, rewards and stipends
allowed for participants in the NEW Program?
287.140 With whom should the Tribe coordinate in the operation of its work activities and services?
287.145 What measures will be used to determine NEW Program outcomes?

Subpart F—Data Collection and Reporting
Requirements
287.150 Are there data collection requirements for Tribes who operate a NEW
Program?
287.155 What reports must a grantee file
with the Department about its program
operations?
287.160 What reports must a grantee file regarding financial operations?
287.165 What are the data collection and reporting requirements for Public Law 102–
477 Tribes that consolidate a NEW Program with other programs?
287.170 What are the data collection and reporting requirements for a Tribe that operates both the NEW Program and a
Tribal TANF program?
AUTHORITY: 42 U.S.C. 612.
SOURCE: 65 FR 8554, Feb. 18, 2000, unless
otherwise noted.

Subpart A—General NEW
Provisions
§ 287.1 What does this part cover?
(a) The regulations in this part prescribe the rules for implementing section 412(a)(2) of the Social Security Act
(the Act), as amended by the Personal

Responsibility and Work Opportunity
Reconciliation Act of 1996 (PRWORA)
(Pub. L. 104–193) and the Balanced
Budget Act of 1997 (Pub. L. 105–33).
(b) Section 412(a)(2) of the Act, as
amended, authorizes the Secretary to
issue grants to eligible Indian tribes to
operate a program that makes work activities available to ‘‘such population
and such service area or areas as the
tribe specifies.’’
(c) We call this Tribal work activities
program the Native Employment
Works (NEW) program.
(d) These regulations specify the
Tribes who are eligible to receive NEW
Program funding. They also prescribe
requirements for: funding; program
plan development and approval; program design and operation; and data
collection and reporting.
§ 287.5 What is the purpose and scope
of the NEW Program?
The purpose of the NEW Program is
to provide eligible Indian tribes, including Alaska Native organizations,
the opportunity to provide work activities and services to their needy clients.
§ 287.10 What definitions apply to this
part?
The following definitions apply to
this part:
ACF means the Administration for
Children and Families;
Act means the Social Security Act,
unless we specify otherwise;
Alaska Native organization means an
Alaska Native village, or regional or
village corporation, as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C.
1601 et seq.), that is eligible to operate
a Federal program under the Indian
Self-Determination and Education Assistance Act (25 U.S.C. 450);
Consortium means a group of Tribes
working together for the same identified purpose and receiving combined
NEW funding for that purpose.
Department means the Department of
Health and Human Services;
Division of Tribal Services (DTS) means
the unit in the Office of Community
Services within the Department’s Administration for Children and Families
that has as its primary responsibility
the administration of the Tribal family

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§ 287.15

45 CFR Ch. II (10–1–10 Edition)

assistance program, called the Tribal
Temporary Assistance for Needy Families (TANF) program, and the Tribal
work program, called the Native Employment Works (NEW) program, as
authorized by section 412(a);
Eligible Indian tribe means an Indian
tribe, a consortium of Indian tribes, or
an Alaska Native organization that operated a Tribal Job Opportunities and
Basic Skills Training (JOBS) program
in fiscal year 1995 under section 482(i)
of the Act, as in effect during that fiscal year;
Fiscal year means the 12-month period beginning on October 1 of the preceding calendar year and ending on
September 30;
FY means fiscal year;
Indian, Indian tribe, and Tribal organization—The terms Indian, Indian tribe,
and Tribal organization have the meaning given such terms by section 4 of the
Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b);
Native Employment Works Program
means the Tribal work program under
section 412(a)(2) of the Act;
NEW means the Native Employment
Works Program;
Program Year means, for the NEW
Program, the 12-month period beginning on July 1 of the calendar year and
ending on June 30;
PRWORA means the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, Public Law
104–193;
Public Law 102–477 refers to the Indian Employment, Training and Related Services Demonstration Act of
1992, whose purpose is to provide for
the integration of employment, training and related services to improve the
effectiveness of those services;
Secretary means the Secretary of the
Department of Health and Human
Services;
State means, except as otherwise specifically provided, the 50 States of the
United States, the District of Columbia, the Commonwealth of Puerto Rico,
the United States Virgin Islands,
Guam, and American Samoa;
TANF means the Temporary Assistance for Needy Families Program;
Temporary Assistance for Needy Families Program means a family assistance
grant program operated either by a

Tribe under section 412(a)(1) of the Act
or by a State under section 403 of the
Act;
Tribal TANF program means a Tribal
program subject to the requirements of
section 412 of the Act which is funded
by TANF funds on behalf of eligible
families;
We (and any other first person plural
pronouns) refers to The Secretary of
Health and Human Services, or any of
the following individuals or organizations acting in an official capacity on
the Secretary’s behalf: The Assistant
Secretary for Children and Families,
the Regional Administrators for Children and Families, the Department of
Health and Human Services, and the
Administration for Children and Families.

Subpart B—Eligible Tribes
§ 287.15 Which Tribes are eligible to
apply for NEW Program grants?
To be considered for a NEW Program
grant, a Tribe must be an ‘‘eligible Indian tribe.’’ An eligible Indian tribe is
an Indian tribe or Alaska Native organization that operated a Job Opportunities and Basic Skills Training (JOBS)
program in FY 1995.
§ 287.20 May a Public Law 102–477
Tribe operate a NEW Program?
Yes, if the Tribe is an ‘‘eligible Indian tribe.’’
§ 287.25 May Tribes form a consortium
to operate a NEW Program?
(a) Yes, as long as each Tribe forming
the consortium is an ‘‘eligible Indian
tribe.’’
(b) To apply for and conduct a NEW
Program, the consortium must submit
a plan to ACF.
(c) The plan must include a copy of a
resolution from each Tribe indicating
its membership in the consortium and
authorizing the consortium to act on
its behalf in regard to administering a
NEW Program. If an Alaska Native organization forms a consortium, submission of the required resolution from the
governing board of the organization is
sufficient to satisfy this requirement.

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§ 287.60

§ 287.30 If an eligible consortium
breaks up, what happens to the
NEW Program grant?
(a) If a consortium should break up
or any Tribe withdraws from a consortium, it will be necessary to allocate
unobligated funds and future grants
among the Tribes that were members
of the consortium, if each individual
Tribe obtains ACF approval to continue to operate a NEW Program.
(b) Each withdrawing Tribe must
submit to ACF a copy of the Tribal resolution that confirms the Tribe’s decision to withdraw from the consortium
and indicates whether the Tribe elects
to continue its participation in the
program.
(c) The allocation can be accomplished by any method that is recommended and agreed to by the leaders
of those Tribes.
(d) If no recommendation is made by
the Tribal leaders or no agreement is
reached, the Secretary will determine
the allocation of funds based on the
best available data.

Subpart C—NEW Program Funding
§ 287.35 What grant amounts are available under the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)
for the NEW Program?
Each Tribe shall receive a grant in an
amount equal to the amount received
by the Tribe in FY 1994 under section
482(i) of the Act (as in effect during FY
1994).
§ 287.40 Are there any matching funds
requirements with the NEW Program?
No, Tribal grantees are not required
to match NEW Federal funds.
§ 287.45 How can NEW Program funds
be used?
(a) NEW grants are for making work
activities available to such population
as the Tribe specifies.
(b) NEW funds may be used for work
activities as defined by the Tribal
grantee.
(c) Work activities may include supportive services necessary for assisting
NEW Program participants in pre-

paring for, obtaining, and/or retaining
employment.
§ 287.50 What are the funding periods
for NEW Program grants?
NEW Program funds are for operation of the NEW Program for a 12month period from July 1 through June
30.
§ 287.55 What time frames and guidelines apply regarding the obligation
and liquidation periods for NEW
Program funds?
(a) NEW Program funds provided for
a FY are for use during the period July
1 through June 30 and must be obligated no later than June 30. Carry forward of an unobligated balance of NEW
funds is not permitted. A NEW fund
balance that is unobligated as of June
30 will be returned to the Federal government through the issuance of a negative grant award. Unobligated funds
are to be reported on the SF–269A that
Tribes must submit within 30 days
after the funding period, i.e., no later
than July 30. This report is called the
interim financial report.
(b) A Tribe must liquidate all obligations incurred under the NEW Program
grant awards not later than one year
after the end of the obligation period,
i.e., no later than June 30 of the following FY. An unliquidated balance at
the close of the liquidation period will
be returned to the Federal government
through the issuance of a negative
grant award. Unliquidated obligations
are to be reported on the SF–269A that
Tribes must submit within 90 days
after the liquidation period, i.e., by
September 28. This report is called the
final financial report.
§ 287.60 Are there additional financial
reporting and auditing requirements?
(a) The reporting of expenditures are
generally subject to the requirements
of 45 CFR 92.41.
(b) NEW Program funds and activities are subject to the audit requirement of the Single Audit Act of 1984 (45
CFR 92.26).
(c) A NEW Program grantee must
comply with all laws, regulations, and
Departmental policies that govern submission of financial reports by recipients of Federal grants.

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§ 287.65

45 CFR Ch. II (10–1–10 Edition)

(d) Improper expenditure claims
under this program are subject to disallowance.
(e) If a grantee disagrees with the
Agency’s decision to disallow funds,
the grantee may follow the appeal procedures at 45 CFR Part 16.
§ 287.65 What OMB circulars apply to
the NEW Program?
NEW Programs are subject to the following OMB circulars where applicable:
A–87 ‘‘Cost Principles for State, Local,
and Indian Tribal Governments,’’ A–122
‘‘Cost Principles for Non-Profit Organizations,’’ and A–133 ‘‘Audits of States
and Local Governments.’’

Subpart D—Plan Requirements
§ 287.70 What are the plan requirements for the NEW Program?
(a) To apply for and conduct a NEW
Program, a Tribe must submit a plan
to ACF.
(b) The plan must identify the agency
responsible for administering the NEW
Program and include a description of
the following:
(1) Population to be served;
(2) Service area;
(3) Client services;
(4) Work activities to be provided;
(5) Supportive and job retention services to be provided;
(6) Anticipated program outcomes,
and the measures the Tribe will use to
determine them; and
(7) Coordination activities conducted
and expected to be conducted with
other programs and agencies.
(c) The plan must also describe how
the Tribe will deliver work activities
and services.
(d) The format is left to the discretion of each NEW grantee.
§ 287.75 When does the plan become effective?
NEW plans, which are three-year
plans, become effective when approved
by the Secretary. The plans are usually
operative the beginning of a NEW Program year, July 1.
§ 287.80 What is the process for plan
review and approval?
(a) A Tribe must submit its plan to
the ACF Regional Office, with a copy

sent to the Division of Tribal Services,
Office of Community Services, Administration for Children and Families, Attention: Native Employment Works
Team.
(b) To receive funding by the beginning of the NEW Program year (July
1), a Tribe must submit its plan by the
established due date.
(c) ACF will complete its review of
the plan within 45 days of receipt.
(d) After the plan review has occurred, if the plan is approvable, ACF
will approve the plan, certifying that
the plan meets all necessary requirements. If the plan is not approvable,
the Regional Office will notify the
Tribe regarding additional action needed for plan approval.
§ 287.85 How is a NEW plan amended?
(a) If a Tribe makes substantial
changes in its NEW Program plan or
operations, it must submit an amendment for the changed section(s) of the
plan to the appropriate ACF Regional
Office for review and approval, with a
copy sent to the Division of Tribal
Services, Office of Community Services, Administration of Children and
Families, Attention: Native Employment Works Team. The review will
verify
consistency
with
section
412(a)(2) of the Act.
(b) A substantial change is a change
in the agency administering the NEW
Program, a change in the designated
service area and/or population, a
change in work activities provided or a
change in performance standards.
(c) A substantial change in plan content or operations must be submitted
to us no later than 45 days prior to the
proposed implementation date.
(d) ACF will complete the review of
the amended plan within 45 days of receipt.
(e) An amended plan becomes effective when it is approved by the Secretary.
§ 287.90 Are Tribes required to complete any certifications?
Yes. A Tribe must include in its NEW
Program plan the following four certifications and any additional certifications that the Secretary prescribes
in the planning guidance: Certification
Regarding Debarment, Suspension, and

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§ 287.120

Other Responsibility Matters—Primary
Covered Transactions; Certification
Regarding Drug Free Workplace Requirements for Grantees Other Than
Individuals; Certification Regarding
Tobacco Smoke, and Assurances—NonConstruction Programs.
§ 287.95 May a Tribe operate both a
NEW Program and a Tribal TANF
program?
Yes. However, the Tribe must adhere
to statutory and regulatory requirements of the individual programs.
§ 287.100 Must a Tribe that operates
both NEW and Tribal TANF programs submit two separate plans?
Yes. Separate plans are needed to reflect different program and plan requirements as specified in the statute
and in plan guidance documents issued
by the Secretary for each program.

Subpart E—Program Design and
Operations
§ 287.105 What provisions of the Social
Security Act govern the NEW Program?
NEW Programs are subject only to
those requirements at section 412(a)(2)
of the Act, as amended by PRWORA,
titled ‘‘Grants for Indian Tribes that
Received JOBS Funds.’’
§ 287.110 Who is eligible to receive assistance or services under a Tribe’s
NEW Program?
(a) A Tribe must specify in its NEW
Program plan the population and service area to be served. In cases where a
Tribe designates a service area for its
NEW Program that is different from its
Bureau of Indian Affairs (BIA) service
area, an explanation must be provided.
(b) A Tribe must include eligibility
criteria in its plan and establish internal operating procedures that clearly
specify the criteria to be used to establish an individual’s eligibility for NEW
services. The eligibility criteria must
be equitable.
§ 287.115 When a NEW grantee serves
TANF recipients, what coordination
should take place with the Tribal or
State TANF agency?
The Tribe should coordinate with the
Tribal or State TANF agency on:

(a) Eligibility criteria for TANF recipients to receive NEW Program services;
(b) Exchange of case file information;
(c) Changes in client status that result in a loss of cash assistance, food
stamps, Medicaid or other medical coverage;
(d) Identification of work activities
that may meet Tribal or State work
participation requirements;
(e) Resources available from the
Tribal or State TANF agency to ensure
efficient delivery of benefits to the designated service population;
(f) Policy for exclusions from the
TANF program (e.g., criteria for exemptions and sanctions);
(g) Termination of TANF assistance
when time limits become effective;
(h) Use of contracts in delivery of
TANF services;
(i) Prevention of duplication of services to assure the maximum level of
services is available to participants;
(j) Procedures to ensure that costs of
other program services for which welfare recipients are eligible are not
shifted to the NEW Program; and
(k) Reporting data for TANF quarterly and annual reports.
§ 287.120 What work activities may be
provided under the NEW Program?
(a) The Tribe will determine what
work activities are to be provided.
(b) Examples of allowable activities
include, but are not limited to: Educational activities, alternative education, post secondary education, job
readiness activity, job search, job
skills training, training and employment activities, job development and
placement, on-the-job training (OJT),
employer work incentives related to
OJT, community work experience, innovative approaches with the private
sector, pre/post employment services,
job retention services, unsubsidized
employment, subsidized public or private sector employment, community
service
programs,
entrepreneurial
training, management training, job
creation activities, economic development leading to job creation, and traditional subsistence activities.

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§ 287.125

45 CFR Ch. II (10–1–10 Edition)

§ 287.125 What supportive and job retention services may be provided
under the NEW Program?
The NEW Program grantee may provide, pay for or reimburse expenses for
supportive services, including but not
limited to transportation, child care,
traditional or cultural work related
services, and other work or family sufficiency related expenses that the
Tribe determines are necessary to enable a client to participate in the program.
§ 287.130 Can NEW Program activities
include job market assessments, job
creation and economic development
activities?
(a) A Tribe may conduct job market
assessments within its NEW Program.
These might include the following:
(1) Consultation with the Tribe’s economic development staff or leadership
that oversees the economic and employment planning for the Tribe;
(2) Consultation with any local employment and training program, Workforce Development Boards, One-Stop
Centers, or planning agencies that have
undertaken economic and employment
studies for the area in which the Tribe
resides;
(3) Communication with any training, research, or educational agencies
that have produced economic development plans for the area that may or
may not include the Tribe; and
(4) Coordination with any State or
local governmental agency pursuing
economic development options for the
area.
(b) The Tribe’s NEW Program may
engage in activities and provide services to create jobs and economic opportunities for its participants. These
services should be congruous with any
available local job market assessments
and may include the following:
(1) Tribal Employment Rights Office
(TERO) services;
(2) Job creation projects and services;
(3) Self-employment;
(4) Self-initiated training that leads
a client to improved job opportunities
and employment;
(5) Economic development projects
that lead to jobs, improved employment opportunities, or self-sufficiency
of program participants;

(6) Surveys to collect information regarding client characteristics; and
(7) Any other development and job
creation activities that enable Tribal
members to increase their economic
independence and reduce their need for
benefit assistance and supportive services.
§ 287.135 Are bonuses, rewards and stipends allowed for participants in
the NEW Program?
Bonuses, stipends, and performance
awards are allowed. However, such allowances may be counted as income in
determining eligibility for some TANF
or other need-based programs.
§ 287.140 With whom should the Tribe
coordinate in the operation of its
work activities and services?
The administration of work activities and services provided under the
NEW Program must ensure that appropriate coordination and cooperation is
maintained with the following entities
operating in the same service areas as
the Tribe’s NEW Program:
(a) State, local and Tribal TANF
agencies, and agencies operating employment and training programs;
(b) Any other agency whose programs
impact the service population of the
NEW Program, including employment,
training, placement, education, child
care, and social programs.
§ 287.145 What measures will be used
to determine NEW Program outcomes?
Each grantee must develop its own
performance standards and measures to
ensure accountability for its program
results. A Tribe’s program plan must
identify planned program outcomes
and the measures the Tribe will use to
determine them. ACF will compare
planned outcomes against outcomes reported in the Tribe’s annual reports.

Subpart F—Data Collection and
Reporting Requirements
§ 287.150 Are there data collection requirements for Tribes that operate
a NEW Program?
(a) Yes, the Tribal agency or organization responsible for operation of a
NEW Program must collect data and

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§ 287.170

submit reports as specified by the Secretary.
(b) A NEW Program grantee must establish and maintain efficient and effective record-keeping systems to provide accurate and timely information
regarding its service population.
(c) Required reports will provide
Tribes, the Secretary, Congress, and
other interested parties with information to assess the success of the NEW
Program in meeting its goals. Also, the
reports will provide the Secretary with
information for monitoring program
and financial operations.
§ 287.155 What reports must a grantee
file with the Department about its
NEW Program operations?
(a) Each eligible Tribe must submit
an annual report that provides a summary of program operations.
(b) The Secretary has developed an
annual operations report (OMB clearance number 0970–0174). The report
specifies the data elements on which
grantees must report, including elements that provide information regarding the number and characteristics of
those served by the NEW Program.
This report is in addition to any financial reports required by law, regulations, or Departmental policies.
(c) The report form and instructions
are distributed through ACF’s program
instruction system.
(d) The program operations report
will be due September 28th, 90 days
after the close of the NEW Program
year.
§ 287.160 What reports must a grantee
file regarding financial operations?
(a) Grantees will use SF–269A to
make an annual financial report of expenditures for program activities and
services.

(b) Two annual financial reports will
be due to the appropriate Regional Office. The interim SF–269A is due no
later than July 30, i.e., 30 days after the
end of the obligation period. The final
SF–269A is due 90 days after the end of
the liquidation period.
§ 287.165 What are the data collection
and reporting requirements for
Public Law 102–477 Tribes that consolidate a NEW Program with other
programs?
(a) Currently, there is a single reporting system for all programs operated by a Tribe under Public Law 102–
477. This system includes a program report, consisting of a narrative report, a
statistical form, and a financial report.
(1) The program report is required
annually and submitted to BIA, as the
lead Federal agency and shared with
DHHS and DOL.
(2) The financial report is submitted
on a SF–269A to BIA.
(b) Information regarding program
and financial operations of a NEW Program administered by a Public Law
102–477 Tribe will be captured through
the existing Public Law 102–477 reporting system.
§ 287.170 What are the data collection
and reporting requirements for a
Tribe that operates both the NEW
Program and a Tribal TANF program?
Tribes operating both NEW and Tribal TANF programs must adhere to the
separate reporting requirements for
each program. NEW Program reporting
requirements are specified in §§ 287.150–
287.170.

PARTS 288–299 [RESERVED]

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Jkt 220188

PO 00000

Frm 00227

Fmt 8010

Sfmt 8006

Q:\45\45V2

ofr150

PsN: PC150