in writing of his intention to appeal to the Secretary, and shall, within 30 days after the mailing date of such notice by the superintendent, perfect his appeal to the Secretary by service of the appeal upon the superintendent who will transmit the entire record to the Secretary. If no notice of intention to appeal is given within 15 days, the superintendent's decision will be final.

(c) Upon the filing of notice with the superintendent of intention to appeal or the perfecting of an appeal by service upon the superintendent, at the same time similar notice and service shall be effected by the party taking an appeal upon opposing counsel or litigants, and a statement included in

the appeal that this has been done. A party taking an appeal may, within the same 30-day period allowed for perfecting an appeal, file a brief or other written statement of his contentions, showing also service of that brief upon opposing counsel or litigants. Opposing counsel or litigants shall have 30 days from the date of the service of appellant's brief upon them in which to file an answer brief, copies of which also shall be served upon the appellant or opposing counsel and litigants. Except by special permission, no other briefs will be allowed on appeal.

[26 FR 10930, Nov. 22, 1961]

(a) "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.

(b) "Applicant" means an individual or persons on whose behalf an application for assistance and/or services has been made under the part.

(c) "Application" means the process through which a request is made for assistance or services.

(d) "Area Director" means the Bureau official in charge of an Area Office.

(e) "Authorized representative" means a parent or other caretaker relative, conservator, legal guardian,

foster parent, attorney, paralegal acting under the supervision of an attorney, friend or other spokesperson acting on behalf or representing the applicant or recipient.

(f) "Bureau" means the Bureau of Indian Affairs, United States Department of the Interior.

(g) "Child" means a person under the age of 18 or such other age of majority as may be established for purposes of parental support by tribal or state law (if any) applicable to the person at his or her residence, except that no person who has been emancipated by marriage shall be deemed a child.

(h) "Child welfare assistance" means financial assistance provided on behalf of an Indian child, or an Indian under age 22 if assistance was initiated before age 18, who requires placement in a foster home or specialized nonmedical care facility in accordance with standards of payments established by the State pursuant to the foster care program under Title IV of the Social Security Act (49 Stat. 620) or who has need of special services not available under general assistance.

(i) "Commissioner" means the Commissioner of Indian Affairs.

(j) "Designated representative" means an official of the Bureau designated by a Superintendent to hold a hearing as prescribed in § 20.30 and who has had no prior involvement in the proposed decision under § 20.12 and whose hearing decision under § 20.30 shall have the same force and effect as if rendered by the Superintendent.

(k) "Family and community services" means social services, including protective services, usually not including money payments. provided through the social work skills of casework, group work or community development to solve social problems involving children, adults or communities.

(1) "Foster care service" means those social services provided when an Indian person lives away from the family home.

(m) "General assistance" means financial assistance as determined by the applicant's or recipient's need less

resources.

(n) "Indian" means any person who is a member, or a one-fourth degree or more blood quantum descendant of a member of any Indian tribe.

(o) "Indian court" means Indian tribal court or court of Indian offenses.

(p) "Indian tribe" means 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 United States Government for the special programs and services provided by the Secretary to Indians because of their status as Indians.

assistance"

(q) "Miscellaneous means a financial payment made for burial services, to facilitate the provision of emergency food or disaster programs, or for other financial needs not defined in this part but related to assistance for needy Indians.

(r) "Near reservation" means those areas or communities adjacent or contiguous to reservations which are designated by the Commissioner upon recommendation of the local Bureau Superintendent, which recommendation shall be based upon consultation with the tribal governing body of those reservations, as locales appropriate for the extension of financial assistance and/or social services, on the basis of such general criteria as: (1) Number of Indian people native to the reservation residing in the area, (2) a written designation by the tribal goverring 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. The Commissioner shall designate each area and publish the designations in the FEDERAL REGISTER.

(s) "Need" means the deficit between resources and money amounts necessary to meet the cost of basic items and/or special items by the applicant or recipient as established pursuant to the Social Security Act by the public welfare agency of the state in which the applicant or recipient resides and which shall be used by the Bureau in determining the amount of financial assistance to be provided to the applicant or recipient residing in that state, except that Bureau use of these established basic item/special item cost standards may be waived by the Assistant Secretary-Indian Affairs when required to insure provision of a level of financial assistance not exceeding the absolute limit of appropriated funds.

(t) "Public asistance" means those programs of assistance provided under Title IV of the Social Security Act (49 Stat. 620), as amended.

(u) "Recipient" means an individual or persons who have been determined as eligible and are receiving financial assistance or services under this part.

(v) "Reservation" means any 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.

(w) "Resources" means services or income available to an Indian person or family unless excluded by Federal statute for public assistance or Supplemental Security Income from being considered as income for the purpose of determining financial need.

(x) "Secretary" means the Secretary of the Interior.

(bb) "Tribal governing body" means the recognized governing body of an Indian tribe.

(25 U.S.C. 2 and 3)

[42 FR 6568, Feb. 2, 1977, as amended at 43 FR 13511, Mar. 31, 1978]

EFFECTIVE DATE NOTE: In § 20.1, the last phrase in paragraph (s) becomes effective May 1, 1978.

§ 20.2 Purpose.

The regulations in this part govern the provision of general assistance, child welfare assistance, miscellaneous assistance and family and community services to eligible Indians.

§ 20.3 Policy.

When assistance or services are not available or not being provided by state, local, or other agencies, general assistance, child welfare assistance, miscellaneous assistance and family and community services shall be provided for eligible Indians by the Bureau in a manner designed to promote personal and family unity and economic and social stability, working toward attainment of self-sufficiency.

Subpart B-Administrative Procedures

§ 20.10 Application for assistance or services.

(a) Written or oral applications by or on behalf of any individual or group will be accepted for assistance or services under this part. In addition to applications from persons desiring assistance or services, referrals will be accepted directly from relatives, interested individuals, social welfare agencies, law enforcement agencies, courts and others.

(b) Applications for assistance or services under this part shall be made to the Superintendent or an official representative. All applications for assistance shall ultimately be reduced to a written form. However, a written statement by an appropriate representative of the Bureau social services program as to why protective social services under § 20.24(b)(2) were provided may be accepted in lieu of a written application.

§ 20.11 Securing information.

(a) The applicant will be the primary source of information regarding his circumstances for the purpose of determining eligibility and need. If it is necessary to secure information from other sources, the applicant will be asked to authorize the release of information. The applicant will be informed, in advance, of the kinds of information needed, the source to be used, and that the information obtained will be used only in connection with the application for assistance or services under this part or as otherwise required by law.

(b) Recipients shall be required to make timely and accurate reports of any change in circumstances which may affect their eligibility or the amount of financial assistance.

§ 20.12 Decision.

(a) Action on an application for assistance shall consist of the following: (1) The application shall be approved if the applicant meets the appropriate eligibility criteria set forth in Subpart C of this part for the type of assistance requested, and financial assistance may be retroactive, as appropriate, to the date of application.

(2) The application shall be denied if the applicant does not meet the appropriate eligibility criteria set forth in Subpart C of this part for the type of assistance requested.

(3) Action to approve or deny an application shall be made within 30 days of the date of the application, or if not the applicant shall be notified in writing of the reasons why such a decision cannot be made, but in no event shall any application be held pending beyond 45 days of the date of the application.

(b) As appropriate, other decision actions include the following:

(1) To increase or decrease the amount of recipient's financial assistance pursuant to the eligibility criteria set forth in Subpart C of this part.

(2) To suspend or terminate recipient's financial assistance pursuant to the eligibility criteria set forth in Subpart C of this part.

§ 20.13 Written notice of proposed decision.

Written notice of all proposed decisions shall be mailed or hand delivered to the applicant or recipient which clearly and completely advise of their legal rights to contest any adverse proposed decision as set forth in § 20.30 or under Part 2 of this chapter and shall further consist of the following:

(a) A statement of the action being taken, the effective date, and the reasons for the decision.

(b) If the action is to reduce, suspend, or terminate financial assistance to the recipient, the written notice shall be provided to the recipient 20 days in advance of the proposed effective date.

(c) Shall advise the applicant or recipient of his right to request a hearing if dissatisfied with the proposed decision.

(d) Shall advise the applicant or recipient of his right to be represented by an authorized representative at no expense to the Bureau.

(e) Shall advise the applicant or recipient that failure to request a hearing within the 20 day period following the date of notice of proposed decision will cause the proposed decision to become final subject to appeal under Part 2 of this chapter, and that the decision will not be distrubed except for fraud or gross irregularity or where found by higher authority that failure to appeal on the part of the applicant or recipient would result in inequity or injustice to the parties.

§ 20.14 Adjusting incorrect payments.

(a) When the Bureau finds that an incorrect payment of financial assistance has been made to an individual or family, proper adjustment or recovery shall be required, based upon individual need as appropriate to the circumstances that resulted in an incorrect payment. However, prior to adjustment or recovery by the Bureau, the recipient shall be notified of the proposal to correct the payment and given an informal opportunity to resolve the matter. If an informal resolution cannot be attained the recipient is entitled to a written notice of decision, and a hearing if requested, in ac

cordance with §§ 20.12, 20.13 and 20.30. Unless a hearing is requested or an appeal made, the proposed decision shall become final within 20 days after written notice is mailed or delivered to the recipient.

(b) Applicants and recipients who knowingly and willfully provide the Bureau with false, fictitious or fraudulent information are subject to prosecution under 18 U.S.C. 1001, which carries a fine of not more than $10,000 or imprisonment for not more than five years, or both.

Subpart C-Eligibility Conditions

§ 20.20 General.

(a) Basic eligibility conditions shall be:

(1) The applicant must be an Indian, except that in the States of Alaska and Oklahoma a one-fourth degree or more Indian or Native blood quantum will be an additional eligibility requirement; and

(2) The applicant must reside on a reservation; or

(3) The applicant must reside near reservation as specifically defined in § 20.1(r).

(b) The applicant must further meet the additional eligibility requirements for each of the specific programs of assistance or services as set forth in §§ 20.21 through 20.24 in order to be eligible for assistance or services under that program.

(c) Upon written request of an appropriate tribal governing body, the Commissioner may authorize assistance and services to Indians, not otherwise eligible in this part, who reside on a reservation or in near reservation designated areas, when necesary to prevent hardship in accordance with findings and exceptions published in the FEDERAL REGISTER.

§ 20.21 General assistance.

Indians meeting the requirements prescribed in § 20.20(a) shall be considered eligible for general assistance under this part: Provided, That:

(a) Their resources do not meet their need.

(b) They do not receive and are not eligible to receive public assistance or