---
kind: "section"
citation: "45 C.F.R. § 309.16"
title: "45"
number: "309.16"
heading: "What rules apply to start-up funding?"
url: "https://uscodex.org/cfr/45/309.16"
---

# §309.16. What rules apply to start-up funding?

- (a) The application for start-up funding under [§ 309.65(b)](/cfr/45/309.65.md?p=b) must include:
  - (1) Standard Form (SF) 424, “Application for Federal Assistance';
  - (2) **SF 424A, “Budget Information—** Non-Construction Programs,” including the following information:
    - (i) A quarter-by-quarter estimate of expenditures for the start-up period;
    - (ii) Notification of whether the Tribe or Tribal organization is requesting funds for indirect costs and, if so, an election of a method to calculate estimated indirect costs under [paragraph (a)(3)](#a-3) of this section; and
    - (iii) A narrative justification for each cost category on the form;
  - (3) If the Tribe or Tribal organization requests funding for indirect costs as part of its application for Federal start-up funds, estimated indirect costs may be submitted either by:
    - (i) Including documentation of the dollar amount of indirect costs allocable to the IV-D program including the methodology used to arrive at these amounts; or
    - (ii) Submission of its current indirect cost rate negotiated with the Department of Interior and the amount of estimated indirect costs using that rate.
    - (iii) The amount of indirect costs must be included within the limit of $500,000 specified in [paragraph (c)](#c) of this section.
  - (4) With respect to each requirement in [§ 309.65(a)](/cfr/45/309.65.md?p=a) that the Tribe or Tribal organization currently meets, a description of how the Tribe or Tribal organization satisfies the requirement; and
  - (5) With respect to each requirement in [§ 309.65(a)](/cfr/45/309.65.md?p=a) that the Tribe or Tribal organization does not currently meet, a program development plan which demonstrates to the satisfaction of the Secretary that the Tribe or Tribal organization has the capacity and will have in place a Tribal IV-D program that will meet the requirements outlined in [§ 309.65(a)](/cfr/45/309.65.md?p=a), within a reasonable, specific period of time, not to exceed two years. The Secretary must approve the program development plan. Disapproval of a program development plan is not subject to administrative appeal.
- (b) The process for approval and disapproval of applications for start-up funding under this section is found in §§ [309.35](/cfr/45/309.35.md), [309.40](/cfr/45/309.40.md), [309.45](/cfr/45/309.45.md), and [309.50](/cfr/45/309.50.md). A disapproval of an application for start-up funding is not subject to administrative appeal.
- (c) Federal funding for start-up costs is limited to $500,000, which must be obligated and liquidated within two years after the first day of the quarter after the start-up application was approved. In extraordinary circumstances, the Secretary will consider a request to extend the period of time during which start-up funding will be available and/or to increase the amount of start-up funding provided. Denial of a request to extend the time during which start-up funding will be available or for an increase in the amount of start-up funding is not subject to administrative appeal.
  - (1) The Secretary may grant a no-cost extension of time if the Tribe or Tribal organization demonstrates to the satisfaction of the Secretary that the extension will result in satisfaction of each requirement established in [§ 309.65(a)](/cfr/45/309.65.md?p=a) by the grantee and completion of the program development plan required under [§ 309.65(b)(2)](/cfr/45/309.65.md?p=b-2).
  - (2) The Secretary may grant an increase in the amount of Federal start-up funding provided beyond the limit specified at [paragraph (c)](#c) of this section and [§ 309.150](/cfr/45/309.150.md) if—
    - (i) The Tribe or Tribal organization demonstrates to the satisfaction of the Secretary that a specific amount of additional funds for a specific purpose or purposes will result in satisfaction of the requirements specified in [§ 309.65(a)](/cfr/45/309.65.md?p=a) which the Tribe or Tribal organization otherwise will be unable to meet; and
    - (ii) The Tribe or Tribal organization demonstrates to the satisfaction of the Secretary that it has satisfied every applicable reporting requirement.
- (d) If a Tribe or Tribal organization receives start-up funding based on submission and approval of a Tribal IV-D application which includes a program development plan under [§ 309.65(b)](/cfr/45/309.65.md?p=b), a progress report that describes accomplishments to date in carrying out the plan must be submitted with the next annual refunding request.

## Notes

### Authority

Authority: 42 U.S.C. 655(f) and 1302.

### Source

Source: 69 FR 16672, Mar. 30, 2004, unless otherwise noted.