---
kind: "section"
citation: "45 C.F.R. § 286.200"
title: "45"
number: "286.200"
heading: "How will we determine if Tribal Family Assistance Grant funds were misused or intentionally misused?"
url: "https://uscodex.org/cfr/45/286.200"
---

# §286.200. How will we determine if Tribal Family Assistance Grant funds were misused or intentionally misused?

- (a) We will use the single audit or Federal review or audit to determine if a Tribe should be penalized for misusing Tribal Family Assistance Grant funds under [§ 286.195(a)(1)](/cfr/45/286.195.md?p=a-1) or intentionally misusing Tribal Family Assistance Grant funds under [§ 286.195(a)(2)](/cfr/45/286.195.md?p=a-2).
- (b) If a Tribe uses the TFAG in violation of the provisions of the Act, the provisions of 2 CFR parts [200](/cfr/2/part200.md) and [300](/cfr/2/part300.md), or any Federal statutes and regulations applicable to the TANF program, we will consider the funds to have been misused.
- (c) The Tribe must show, to our satisfaction, that it used the funds for purposes that a reasonable person would consider to be within the purposes of the TANF program (as specified at [§ 286.35](/cfr/45/286.35.md)) and the provisions listed in [§ 286.45](/cfr/45/286.45.md).
- (d) We will consider the TFAG to have been intentionally misused under the following conditions:
  - (1) There is supporting documentation, such as Federal guidance or policy instructions, indicating that TANF funds could not be used for that purpose; or
  - (2) After notification that we have determined such use to be improper, the Tribe continues to use the funds in the same or similarly improper manner.
- (e) If the single audit determines that a Tribe misused Federal funds in applying the negotiated time limit provisions under [§ 286.115](/cfr/45/286.115.md), the amount of the penalty for misuse will be limited to five percent of the TFAG amount.
  - (1) This penalty shall be in addition to the reduction specified under [§ 286.195(a)(1)](/cfr/45/286.195.md?p=a-1).
  - (2) [Reserved]

## Notes

### Amendments

[65 FR 8530, Feb. 18, 2000, as amended at 81 FR 3020, Jan. 20, 2016; 89 FR 80071, Oct. 2, 2024]

### Authority

Authority: 42 U.S.C. 601, 604, and 612; Public Law 111-5.

### Source

Source: 65 FR 8530, Feb. 18, 2000, unless otherwise noted.

### Amendments

[65 FR 8530, Feb. 18, 2000, as amended at 81 FR 3020, Jan. 20, 2016; 89 FR 80071, Oct. 2, 2024]