12 2 STA T .396 6 PUBLIC LA W 11 0– 3 5 1 —O CT. 7, 200 8subpar a g rap hof su c hs e c ti o n47 4 ( a ) ( 3 )on ly in accor d- ance w ith the regulations pro m ulgated by the S ecretary under section 3 01 (e)( 2 ) of the F ostering C onnections to Success and I ncreasing A doptions Act of 200 8.‘ ‘( v )C ONTI N GE N CYRUL E. — If , at the time e x pendi- tures are made for a fiscal year q uarter beginning after September 30, 2011, and before O ctober 1, 2014, for which a tribe, organi z ation, or consortium may receive payments for under section 474(a)(3) of this Act, no regulations required to be promulgated under section 301(e)(2) of the Fostering Connections to Suc- cess and Increasing Adoptions Act of 2008 are in effect, and no legislation has been enacted specifying other- wise— ‘‘(I) in the case of any quarter of fiscal year 2012, 2013, or 2014, the limitations on claiming in- k ind expenditures from third-party sources under clause (ii) of this subparagraph shall apply (without regard to fiscal limitation) for purposes of determining the non-Federal share of such expenditures
and ‘‘(II) in the case of any quarter of fiscal year 201 5 or any fiscal year thereafter, no tribe, organization, or consortium may claim in-kind expenditures from third-party sources for purposes of determining the non-Federal share of such expenditures if a State with a plan approved under section 471(a) of this Act could not claim in-kind expenditures from third-party sources for such pur- poses. ‘‘(2) CL A RI F ICATION OF TRI B AL AUT H ORITY TO E S TABLISH STAN D ARDS FOR TRIBAL FOSTER FA M ILY HOMES AND TRIBAL CHILD CARE INSTITUTIONS.—For purposes of complying with section 471(a)(10), an Indian tribe, tribal organization, or tribal consor- tium shall establish and maintain a tribal authority or authori- ties which shall be responsible for establishing and maintaining tribal standards for tribal foster family homes and tribal child care institutions. ‘‘(3) CONSORTIUM.— T he participating Indian tribes or tribal organizations of a tribal consortium may develop and submit a single plan under section 471 that meets the requirements of this section. ‘‘(d) D ETERMINATION OF FEDERAL M EDICAL ASSISTANCE P ERCENTAGE FOR FOSTER CARE MAINTENANCE AND ADO P TION ASSISTANCE PAYMENTS.— ‘‘(1) PER CAPITA INCOME.—For purposes of determining the Federal medical assistance percentage applicable to an Indian tribe, a tribal organization, or a tribal consortium under para- graphs (1), (2), and (5) of section 474(a), the calculation of the per capita income of the Indian tribe, tribal organization, or tribal consortium shall be based upon the service population of the Indian tribe, tribal organization, or tribal consortium, except that in no case shall an Indian tribe, a tribal organiza- tion, or a tribal consortium receive less than the Federal med- ical assistance percentage for any State in which the tribe, organization, or consortium is located.
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