Financial Assistance and Social Services Programs; Proposed Rule DEPARTMENT OF THE INTERIOR

SUMMARY: The Bureau of Indian Affairs (BIA; Bureau) is proposing to

amend the existing Financial Assistance and Social Services Program

regulations to incorporate rules for adult care services and the work

experience program. Additionally, a quality assurance section is being

incorporated to enable the BIA to assess the quality of the social

services it provides, measure compliance with regulations and adherence

to internal control requirements, and provide specific guidelines for

administering the programs. An amendment is also being incorporated to

establish rules on the treatment of per capita payments when

determining eligibility for participation in social services programs.

DATES: Comments must be received on or before June 6, 1994.

ADDRESSES: Written comments may be mailed to the Division of Social

Services, Bureau of Indian Affairs, 1849 C Street, NW., Mail Stop 310-

SIB, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT: David Hickman, Chief, Division of

Social Services, or Nancy Evans, Principal General Assistance

Specialist, at 202 208-2721.

SUPPLEMENTARY INFORMATION: Experience in program administration and

outside audit findings have indicated that regulatory amendments are

needed to define with greater clarity the programs provided under this

part. A primary purpose of the amendments is to provide clear, concise

guidelines that will effect a reduction in eligibility error rates.

Amendments are being made in 25 CFR 20.1, Definitions; 20.2,

Purpose; 20.3, Policy; 20.20, General and 20.23 Miscellaneous

Assistance.

The following new sections are added: 20.15, Reporting requirements

for all social services programs; 20.16, Staffing requirements; 20.26,

Adult care assistance program; 20.27, Work experience program; and

20.35, Quality assurance reviews.

The policy of the Department of the Interior is, whenever

practical, to afford the public an opportunity to participate in the

rulemaking process. Accordingly, interested persons may submit written

comments regarding the proposed rule to the location identified in the

``addresses'' section of this document.

The Department has certified to the Office of Management and Budget

(OMB) that these proposed regulations meet the applicable standards

provided in sections 2(a) of Executive Order 12778. BIA has made every

effort to ensure that the proposed rules specify their effect on

existing regulations, and provide clear, certain language to promote

burden reduction and avoid litigation.

The Department of the Interior has determined that this rule is not

a significant regulatory action under Executive Order 12866, and

therefore will not be reviewed at the Office of Management and Budget.

The rule will not have a significant economic impact on a substantial

number of small entities under the Regulatory Flexibility Act (5 U.S.C.

601 et seq.). In accordance with Executive Order 12630, the Department

has determined that the rules do not have ``significant takings''

implications. The rules do not pertain to ``taking'' of private

property interests, nor do they impact private property.

The Department of the Interior has determined that this rule does

not have significant federalism effects under Executive Order 12612 and

will not interfere with the roles, rights and responsibilities of

states.

The Department of the Interior has determined that this proposed

rule does not constitute a major Federal action significantly affecting

the quality of the human environment and that no detailed statement is

required pursuant to the National Environmental Policy Act of 1969.

The information collection requirements contained in 25 CFR 20.4

will be submitted to the Office of Management and Budget for approval

as required by 44 U.S.C. 3501 et seq. The collection of this

information will not be required until it has been approved by the

Office of Management and Budget.

The primary author of this document is David Hickman, Chief,

Division of Social Services, Office of Tribal Services.

List of Subjects in 25 CFR Part 20

Administrative practice and procedure, Adult care, Child welfare,

Indians, Public assistance programs, Reporting and recordkeeping

requirements, Work experience programs and quality assurance.

For the reasons set out in the preamble, part 20 of title 25,

subchapter D, chapter I of the Code of Federal Regulations is proposed

to be amended as set forth below:

PART 20--[AMENDED]

1. The authority citation for 25 CFR part 20 continues to read as

follows:

Authority: 25 U.S.C. 13; Sec. 20.21 also issued under Pub. L.

98-473.

2. Under subpart A--Secs. 20.1, 20.2 and 20.3 are revised to read

as follows:

Sec. 20.1 Definitions.

Adult is a person over the age of eighteen or other age of majority

as established for purposes of parental support by tribal or state law

(if any) applicable to the person at his or her residence. This

includes persons emancipated by marriage.

Adult care assistance is a financial payment made on behalf of an

eligible Indian person, age eighteen (18) or older, who, due to age,

infirmity, or physical and/or mental impairment, requires and receives

supervision or non-medical custodial care.

Appeal means a written request for correction of an action or

decision claimed to violate a person's legal rights or privileges as

provided in part 2 of this chapter.

Applicant is a person who applies for assistance and/or services

provided under this part, or a person on whose behalf an application

for assistance and/or services has been made by another person.

Application is the process through which a request is made for

assistance or services.

Area Director is the BIA official in charge of an Area Office.

Assistant Secretary is the Assistant Secretary--Indian Affairs.

Authorized representative is a parent or other caretaker, relative,

conservator, legal guardian, foster parent, attorney (or paralegal

acting under the supervision of an attorney), friend, or other

spokesperson acting on behalf of or representing the applicant or

recipient.

Basic needs are necessities to sustain daily life, and include

food, clothing, shelter, utilities, household cleaning supplies, and

items needed for personal hygiene.

BIA means the Bureau of Indian Affairs, U.S. Department of the

Interior.

BIA general assistance is a secondary or residual source of

financial aid payments made to or on behalf of eligible Indian

individuals or households for assistance in meeting the cost of

essential needs.

Burial assistance is a financial payment made on behalf of an

indigent Indian person to provide for basic burial expenses.

Case is an assistance unit, composed of an individual or group of

individuals who are eligible and who receive assistance or services as

a unit.

Caseplan is a written plan developed by a caseworker in

consultation (when possible) with the service recipient(s). The

caseplan incorporates strategies to assist individuals and families,

either directly or through referrals, in resolving social, economic,

psychological, interpersonal and/or environmental problems.

Child is a person under the age of eighteen or other age of

majority as established for purposes of parental support by state or

tribal law (if any) applicable to the person at his or her residence.

This does not include persons emancipated by marriage.

Child welfare assistance is financial assistance provided on behalf

of an Indian child, or an Indian under the age of 22 if assistance was

initiated before age 18, who requires placement in a foster home or

specialized non-medical care facility in accordance with standards of

payment established by the state of residence pursuant to the foster

care program under title IV of the Social Security Act, or who has need

of specialized services not available under BIA general assistance, or

adult care assistance.

Commissioner is the Commissioner of Indian Affairs.

Designated representative is an official of the BIA designated by a

superintendent to conduct a hearing as prescribed in Sec. 20.30 and who

has had no prior involvement in the proposed decision, and whose

hearing decision shall have the same force and effect as if rendered by

the superintendent.

Disaster assistance is a financial payment made to provide basic

and/or special need items when conditions caused by fire, flooding, or

natural disaster pose a threat to life or health.

Employable person is an individual who is physically and mentally

able to obtain employment and is not exempt in accordance with the

criteria specified in  20.21(i)(1).

Essential needs are basic needs and special needs as defined in

this section.

Family and community services are social services, including

protective services, provided through the social work skills of

casework, group work or community development to resolve social

problems involving children, adults or communities. These services

usually do not include financial assistance.

Foster care services are social services provided when an Indian

child or dependent adult person lives away from his/her family home.

Household means persons living together as a family with a head of

household who may or may not be related to the head of household, and

who function as members of the family.

Indian is any person who is a member, or a one-fourth degree or

more blood quantum descendant of a member, of any Indian tribe.

Indian court is an Indian tribal court or court of Indian offenses.

Indian tribe is any Indian tribe, band, nation, rancheria, pueblo,

colony, or community, including any Alaska Native village or regional

or village corporation as defined in, or established pursuant to, the

Alaska Native Claims Settlement Act (85 Stat. 688), which is federally

recognized as eligible by the U.S. Government for the special programs

and services provided by the Secretary to Indians because of their

status as Indians.

In-home care means non-medical care services intended to prevent

out-of-home placement or to stabilize a child or adult in her/his

family home, and includes protective day care, homemaker services,

parenting skills training, and/or respite care.

Liquid assets are those properties in the form of cash or financial

instruments that can be converted to cash, such as savings or checking

accounts, promissory notes, mortgages, and similar properties.

Near reservation means those areas or communities adjacent or

contiguous to reservations that are designated by the Assistant

Secretary--Indian Affairs upon recommendation of the local BIA

Superintendent.

Need is the financial deficit after consideration of income and

other liquid assets are deducted from the standard of assistance.

Non-medical care is the provision of any remedial or custodial care

or service in or out of the recipient's home.

Out-of-home care agreement means the contractual relationship

established between an out-of-home care provider and the BIA program

requesting services on behalf of an eligible recipient. The agreement

establishes: (a) The goals, objectives, and methods of service

provision; (b) the rate of payment for care, which is not to exceed the

prevailing state payment rate; and (c) conditions of reimbursement.

Public assistance is a program of financial assistance provided

under title IV of the Social Security Act, as amended, including the

Aid to Families with Dependent Children (AFDC) Program provided under

title IV-A, and Supplemental Security Income (SSI) provided under title

XVI.

Purchase of service agreement is a contractual fiscal arrangement

between BIA and a service provider for personal and/or foster care of

children or adults.

Recipient is an individual or group of persons who have been deemed

eligible, and are receiving financial assistance or services under this

part.

Redetermination means a periodic review of basic eligibility

requirements specified in Secs. 20.20(a) and 20.20(b), and financial

need eligibility requirements for each program identified in

Secs. 20.21, 20.22, 20.23, 20.24, 20.26, and 20.27.

Reservation is a Federally recognized Indian tribe's reservation,

pueblo, or colony, including former reservations in Oklahoma, Alaska

Native regions established pursuant to the Alaska Native Claims

Settlement Act (85 Stat. 688), and Indian allotments.

Residency means living permanently on a reservation or within an

officially designated near-reservation service area.

Resources are income and other liquid assets available to an Indian

person or household to meet current living costs, unless otherwise

specifically excluded by Federal statute.

Secretary is the Secretary of the Interior.

Service provider is an entity, individual or organization that is

awarded a contract from BIA to provide services under this part.

Special needs may be recurring or nonrecurring requirements beyond

basic needs, and may include unusual diet items or special clothing

that cannot be defined as a basic need. Medical or legal needs are not

included under this provision.

Standard of assistance is the established state rate of payment for

any of the services of financial assistance authorized under this part.

State general assistance is a non-federally matched public

financial assistance program available from a state or county to meet

the basic living needs of all eligible citizens.

State payment rate is the level of payment, established by a state

agency, for the cost of care and services provided for foster care,

group home, non-medical institutional care, and in-home care for

children or adults.

Superintendent is the official in charge of a BIA agency office.

Tribal governing body is the officially recognized government of an

Indian tribe.

Tribal Work Experience Program (TWEP) is a work experience program

(WEP) that is contracted to and administered by a tribe.

Unemployable person is an individual who is unable to obtain

employment and meet the criteria specified in Sec. 20.21(i)(1).

Unemployed person is an individual who is physically and mentally

able to obtain employment but is unemployed due to lack of available

jobs.

Work Experience Program (WEP) is a work program designed to provide

eligible general assistance clients with training and work experience

which promote, preserve, and develop work skills and habits.

Sec. 20.2 Purpose.

The regulations in this part govern the provision of general

assistance, child welfare assistance, miscellaneous assistance, child

and family services, community services, adult care assistance, the

work experience program, and quality assurance.

Sec. 20.3 Policy.

(a) In the administration of general assistance, child welfare

assistance, burial and disaster assistance, family and community

services, adult care assistance and work experience programs, it is the

policy of the BIA to provide services to eligible Indians in a manner

designed to promote individual self-determination, family unity,

economic and social stability, and the attainment of personal

independence and self-reliance. Through the application of professional

social work skills and principles, it is BIA policy to work with

Indians to promote and maintain social environments in their

communities that emphasize safety and well-being for all children;

promote family stability; and value individual independence.

(b) In administering social services programs, it is also BIA

policy to emphasize the importance of individual case planning. The

goal of case plan implementation is to assist people to become self-

sufficient, preventing dependency, strengthening family relationships,

and restoring individuals, families or groups to successful social

functioning. When an ineligible adult is a member of an assistance

household, the case plan shall address the spousal, parental and/or

custodial responsibilities of the ineligible person relative to the

financial support of the eligible members of the household.

(c) Further, it is BIA policy to ensure, insofar as possible, that

Indians have full access to available Federal and state services.

Therefore, the financial assistance and social services programs

authorized under this part are secondary resources and are provided

only when assistance or services are not available from state, local,

or other primary providers.

3. Under subpart B--Administrative Procedures, new Secs. 20.15 and

20.16 are added to read as follows:

Sec. 20.15 Reporting requirements for all social services programs.

The following required reports shall be submitted by each BIA Area

social services program to the designated BIA authority on forms

provided by the BIA:

(a) The Monthly Statistical Report shall include, by category of

assistance, the number of active cases, the number of cases closed, the

number of persons served, and total dollars expended during the month.

This report is due no later than the fifteenth day of the subsequent

month.

(b) The Quarterly Analysis of Funds Report shall include, by

category of assistance, data on the number of cases, persons served,

and expenditures per person and per case. The Quarterly Analysis of

Funds Report is to be accompanied by a narrative report on the

activities and accomplishments of the program, and on projected

deficits, if any are anticipated. This report is due on the fifteenth

of the month following the end of each quarter.

(c) The Annual Report shall include unduplicated counts of cases,

persons, and dollars by category and by each reservation program. This

report is due no later than ninety (90) days following the end of each

fiscal year.

(d) Special reports to Congress are due when requested.

Sec. 20.16 Staffing requirements.

The following staffing requirements shall apply to all BIA social

services programs:

(a) Each local program shall have a minimum of one staff member

with a Master of Social Work (MSW) degree.

(b) Any additional staff member(s) engaging in the direct delivery

of services shall have, at a minimum, a bachelors degree in a human

services discipline or no fewer than three years of work experience in

the field of human services.

(c) A social services program that is unable to comply with these

requirements shall provide regular access to professional consultation

and/or implement a formal staff development/training plan to achieve

this standard. The Area Director shall determine whether the

alternative plan will support and promote an acceptable level and

quality of services.

4. Under subpart C--Eligibility Conditions, Sec. 20.20 is amended

by adding (c) through (f) and Sec. 20.23 is revised to read as follows:

Sec. 20.20 General.

* * * * *

(c) The Assistant Secretary may authorize emergency short-term

assistance and services to Indians not otherwise eligible under this

part, who reside on a reservation or in designated near-reservation

areas:

(1) Upon written request of an appropriate tribal governing body or

the appropriate Bureau official, and

(2) When necessary to meet need as defined at Sec. 20.1 and prevent

hardship caused by fire, flood or acts of nature.

(d) When determining eligibility for programs provided under this

part, cash distributed per capita pursuant to Public Law 97-458, Public

Law 98-64 and Public Law 100-241, shall be disregarded to the extent

that such cash does not, in the aggregate, exceed $2000 per individual

each year. The $2000 limit is applied separately each year, and cash

distributions which an individual received in a prior year and retained

into subsequent years will not be counted as a resource in those years.

(e) When determining eligibility for programs provided under this

part, income and resources of legally responsible relatives or

individuals shall be considered as available to meet the need of the

applicant(s). Legal relationships between husband and wife, parent and

minor child, and guardian and ward are considered as relationships in

which support is deemed.

(f) Upon written request of a tribal governing body and the

recommendation of the appropriate Area Director and/or Agency

Superintendent, the Assistant Secretary may designate near reservation

service areas that are adjacent or contiguous to reservations. Upon

approval by the Assistant Secretary, each designated near reservation

service area will be published in the Federal Register as a locale(s)

appropriate for the extension of financial assistance and/or social

services. Requests for the designation of a near reservation service

area shall be based on the following general criteria:

(1) Number of Indian people native to the reservation residing in

the area;

(2) Written designation by the tribal governing body that members

of their tribe and family members who are Indian residing in the area,

are socially, culturally and economically affiliated with their tribe

and reservation;

(3) Geographical proximity of the area to the reservation; and

(4) Administrative feasibility of providing an adequate level of

services to the area.

Sec. 20.23 Burial and disaster assistance.

In the absence of other resources, burial and disaster assistance

shall be provided to eligible Indians meeting the requirement

prescribed in Sec. 20.20(a) provided that they reside in areas where

the needed services are not available to all residents on the same

basis from a state, county, or local public jurisdiction. Case records

shall be documented to reflect need and substantiate all relevant

eligibility factors.

(a) Burial assistance. Burial assistance shall be provided to meet

minimum burial expenses for eligible Indians.

(1) The deceased is considered the applicant and the determination

of eligibility is based on the resources available to him/her,

including, but not limited to, tribal burial programs, veterans' death

benefits, Individual Indian Money (IIM) accounts, insurance policies,

and cash on hand.

(2) Requests and applications for burial assistance shall be

received from relatives or other persons who have assumed

responsibility for making burial arrangements. In no instance, however,

shall an application for burial assistance be approved after interment

of the individual on whose behalf burial assistance is sought.

(3) Applications made on behalf of a deceased Indian person are

subject to eligibility determinations in accordance with criteria

specified at Sec. 20.20(a). Prior to final burial arrangements, the

caseworker shall evaluate each case relative to all available resources

and income.

(4) Upon the request of a relative or other responsible party, the

actual cost for transporting the body of a deceased Indian person

determined to be eligible and without resources may be provided if the

following conditions are met:

(i) No other resources for transportation are available;

(ii) The death occurred while the decedent was away from the

reservation or other approved service area and the absence did not

exceed a duration of sixty (60) days; and

(iii) Transportation costs are reasonable relative to distance and

the prevailing rate for others in similar circumstances.

(5) In the absence of a locally established state/county rate, the

approved payment rate shall be the national maximum burial payment rate

to be established annually by the Assistant Secretary.

(6) A supplement may be granted when state/county/tribal burial

benefits or other resources are available, but are less than the BIA's

established rate. However, the supplement together with the public

benefit may not exceed BIA's national payment rate.

(7) Upon request, funds to assist with a culturally relevant tribal

burial practice may be approved if all other factors of eligibility are

met. The rate of payment for this purpose, together with other burial

assistance provided under this part, shall not exceed the amount

established annually by the Assistant Secretary.

(b) Disaster assistance. (1) Disaster assistance payments shall be

made only for food, shelter, and/or other necessities directly related

to meeting immediate, basic living needs.

(2) The order of preference for payment standards is the Federal

emergency payment standard, locally established state/county rate, or

the rate as determined annually by the Assistant Secretary. Payment

shall not exceed the payment standard. Emergency services and

expenditures shall be coordinated with other appropriate disaster

committees or programs and documented.

(3) The Assistant Secretary may authorize community-wide short term

disaster assistance and services for Indians not eligible for other

services under this part. This assistance is to be used in conjunction

with other assistance for which the individual community members

qualify and may be authorized only under the following conditions:

(i) The beneficiaries are Indians residing on a reservation or in a

designated near-reservation area;

(ii) A written request is submitted to the Assistant Secretary by

the appropriate tribal governing body or BIA official; and

(iii) The assistance is necessary to meet essential needs as

defined in Sec. 20.1.

5. Under subpart C--Eligibility Conditions, new Secs. 20.26 and

20.27 are added to read as follows.

Sec. 20.26 Adult care assistance.

The purpose of the adult care program is to provide non-medical

care for eligible adults who need personal care and supervision due to

advanced age, infirmity, physical condition, or mental impairment.

Services under this program can be provided only if they are not

available through state, county, local or other Federal programs.

Nothing in this subsection shall be construed to restrict payment of

adult care financial assistance pending application and/or approval for

other programs.

(a) Adult care assistance may be approved when:

(1) The adult or his/her legally responsible guardian applies for

such assistance in writing.

(2) The adult is unable to meet his/her essential needs, including

non-medical care and/or protection, with his/her own resources.

(3) There are no other Federal, state, or county public assistance

resources, including services provided pursuant to titles XIX and XX of

the Social Security Act, available to meet the required special need.

(4) The cost of care is not available from his/her immediate

family.

(5) Facts regarding infirmity, and/or the physical or mental

condition of the client and his/her need for non-medical adult care

have been documented.

(b) Adult care assistance may be authorized only if the adult does

not require skilled nursing care warranting medical supervision.

(c) Payments shall be authorized under purchase of service

agreements only for care provided in state or tribally licensed/

certified group settings, or by individual service providers licensed/

certified by a tribe or a state.

(d) No adult care payment shall be approved for or on behalf of a

client until the eligibility case worker certifies through

documentation that all eligibility factors have been met.

(e) Adult care is to be provided in the setting determined to be

the least restrictive (in-home care, adult day care, foster care, group

home, or institutional) for the specific individual adult. If

appropriate, and when a qualified care provider is available, in-home

care is preferred. When an institutional or group care setting is in

the adult's best interest, the preferred placement shall be in a

facility located as close as possible to his/her home community.

(f) The cost of adult care provided by BIA shall not exceed the

applicable state payment rate for similar care.

(g) When establishing the actual level of payment for an adult's

care, the BIA shall:

(1) Consider all available resources when determining eligibility;

and

(2) Determine the amount of the assistance payment for which the

client is eligible based upon the deficit remaining after all available

resources are deducted from the cost of care.

(h) Redetermination of adult care eligibility and the payment

level.

(1) The BIA shall redetermine financial eligibility and the amount

of the BIA payment based upon the deficit between the cost of care and

resources available to the adult in need of care, including other

Federal, state, or public assistance resources. Recipients or their

authorized representatives are required to inform the BIA immediately

of any changes in status that may affect eligibility or the amount of

assistance. The BIA shall redetermine eligibility whenever there is an

indication of a change in circumstances affecting eligibility, but not

less frequently than once every six months for each recipient.

(2) The redetermination process shall include personal contact with

the recipient in the actual placement setting. The purposes of the

contact are to evaluate changes in the adult's personal circumstances

or condition and to assess the need for continued assistance.

Sec. 20.27 Work Experience Program (WEP).

WEP is a program for eligible general assistance recipients. It

provides work experience and job skills that will enhance the

recipients' potential for job placement. WEP participation is mandatory

for general assistance recipients, unless they are excepted under 25

CFR 20.21(i).

(a) Work experience and training sites. (1) Work experience and

training sites offering potential for job placement within a specified

period of time shall be given priority.

(2) If eventual employment at a work site is not likely, other

options for WEP placements that provide opportunity for the development

of relevant skills and good work habits shall be preferred.

(3) Placement should not exceed a period of 24 months.

(4) Placements of WEP participants in subsidized employment may be

authorized for periods up to six months if the employer shares in the

cost of the participant's wages. Agreements with such employers shall

include the amount of wages to be paid and a provision that the WEP

participant will be considered for permanent employment if a vacancy

exists.

(b) Payment for work-related expenses. (1) A monthly work-related

payment not to exceed the amount established and periodically reviewed

by the Assistant Secretary shall be allowed for WEP participation. No

advance general assistance grant payments or WEP payments are

authorized.

(2) Payments to participants shall not be considered as wages, but

as grant assistance payments pursuant to provisions at 25 CFR 20.21.

(c) Participants. (1) In situations where the recognized head of

the family unit is certified as unemployable, an alternate member of

the assistance group, such as the spouse or another adult, shall be

designated as available for WEP participation.

(2) Where there are multiple family units in one household, one

member of each family unit shall be eligible to participate in WEP.

(d) Program. (1) The local WEP shall have specific written program

procedures that cover hours of work, participation requirements,

acceptable reasons for granting leave from work, evaluation criteria

and monitoring plans.

(2) WEP services are administered as part of the general assistance

program. The costs of providing WEP services is included within the

total social services program budget. The actual cost of providing WEP

services shall not exceed the following formula:

------------------------------------------------------------------------

Maximum

allowable

Average number of direct participants administrative

costs for WEP

(percent)

------------------------------------------------------------------------

25 and below............................................ 40

26 to 50................................................ 30

51 and up............................................... 20

------------------------------------------------------------------------

(3) Capital equipment, materials, and supplies for projects and

tools or other equipment may not be purchased with grant assistance

funds.

(4) Worker's compensation coverage and liability or other insurance

may not be provided with grant assistance funds.

6. A new subpart E--Quality Assurance, consisting of Sec. 20.35, is

added to read as follows:

Subpart E--Quality Assurance

Sec. 20.35 Quality assurance reviews.

(a) The BIA shall establish and perform quality assurance reviews

to assess the provision of quality services through uniform application

of regulations. This will be done by performing regular, periodic

reviews to determine the degree to which regulations are followed and

implemented in all areas of operation, and to ensure that internal

control processes comply with OMB Circular A-123. The review shall

include operations at Central, Area, and Agency Office levels to ensure

program integrity at all levels.

(b) Schedule. Scheduled annual reviews shall be performed at

selected locations in each of BIA's areas.

A review schedule and the sampling method shall be distributed

annually to each Area Director.

(c) The quality assessment process shall include procedures for;

(1) Reviewing program records and conducting on-site evaluations;

(2) Documenting the findings of compliance or non-compliance with

program regulations and OMB Circular A-123 requirements; and

(3) Tracking corrective action plan(s), or administrative

recommendations.

Dated: February 22, 1994.

Ada E. Deer,

Assistant Secretary--Indian Affairs.

[FR Doc. 94-8188 Filed 4-6-94; 8:45 am]

BILLING CODE 4310-02-P