12 2 STA T .3970PUBLIC LA W 110 – 3 5 1 —O CT. 7 , 200 8(2)AP P LICAT I ON O F T R I B ALF ED ERAL M ATC H IN G RATE TO COOPERATI V E AGREEMENT S OR CONTRACTS BET W EEN STATE OR TRIBES .—Par a g ra phs ( 1 )a nd (2) of s ecti on 47 4(a) of s u ch Act (42 U . S . C . 6 74(a)) are each a m ended by inserting ‘ ‘(or ,w ith respect to such payments made during such q uarter under a cooperati v e agreement or contract entered into by the State and an I ndian tribe, triba l organi z ation, or tribal consortium for the administration or payment of funds under this part, an amount equal to the F ederal medical assistance percentage that would apply under section 47 9B (d) (in this paragraph referred to as the ‘tribal F M AP ’ ) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State)’’ before the semicolon. (d) RU LES OF CONSTRUCTION.— N othing in the amendments made by this section shall be construed as— (1) authorization to terminate funding on behalf of any Indian child receiving foster care maintenance payments or adoption assistance payments on the date of enactment of this Act and for which the State receives Federal matching pay - ments under paragraph (1) or (2) of section 474(a) of the Social Security Act (42 U.S.C. 674(a)), regardless of whether a coopera- tive agreement or contract between the State and an Indian tribe, tribal organization, or tribal consortium is in effect on such date or an Indian tribe, tribal organization, or tribal consortium elects subsequent to such date to operate a program under section 479B of such Act (as added by subsection (a) of this section)
or (2) affecting the responsibility of a State— (A) as part of the plan approved under section 471 of the Social Security Act (42 U.S.C. 671), to provide foster care maintenance payments, adoption assistance payments, and if the State elects, k inship guardianship assistance payments, for Indian children who are eligible for such payments and who are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to a program under such section 479B of such Act or a cooperative agreement or contract entered into between an Indian tribe, a tribal organization, or a tribal consortium and a State for the administration or payment of funds under part E of title I V of such Act; or (B) as part of the plan approved under section 477 of such Act (42 U.S.C. 677) to administer, supervise, or oversee programs carried out under that plan on behalf of Indian children who are eligible for such programs if such children are not otherwise being served by an Indian tribe, tribal organization, or tribal consortium pursuant to an approved plan under section 477( j )ofsuchActor a cooperative agreement or contract entered into under section 477(b)( 3 )( G ) of such Act. (e) REGULATIONS.— (1) IN GENERAL.—E x cept as provided in paragraph (2) of this subsection, not later than 1 year after the date of enact- ment of this section, the Secretary of H ealth and Human Serv- ices, in consultation with Indian tribes, tribal organizations, tribal consortia, and affected States, shall promulgate interim Deadlin e .42USC671 n ot e. 42 USC 671 note.
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