Page:United States Statutes at Large Volume 122.djvu/3988

 12 2 STA T .3965PUBLIC LA W 11 0– 351 —O CT. 7, 200 8duringa n yf i sc a l y e ar q uar t er b eginning after S e p- te m ber 30,2 0 1 1, and bef o re O ctober 1, 201 4, for wh ich the tribe, organi z ation, or consortium is eligible for payments under any subparagraph of section 4 7 4 ( a ) (3) of this A ct, the only in- k ind e x penditures from third-party sources that may be claimed by the tribe, organization, or consor- tium for purposes of determining the non- F ederal share of such expenditures (without regard to whether the expenditures are specified on the list required under this subparagraph to be submitted with the plan) are in-kind expenditures that are specified in regulations promulgated by the Sec- retary under section 301(e)(2) of the Fostering C onnections to Success and I ncreasing Adoptions Act of 200 8 and are from an applicable third- party source specified in such regulations, and do not exceed the applicable percentage for claiming such in-kind expenditures specified in the regula- tions .‘ ‘(II) TRANSIT I O N PE RIO DF OR EAR LY APPRO V ED TRI B ES, OR G ANI Z ATIONS, OR C ONSORTIA. — Sub j ect to clause ( v ), if the tribe, organization, or consortium is an early approved tribe, organization, or consor- tium (as defined in subclause (III) of this clause), the Secretary shall not require the tribe, organiza- tion, or consortium to comply with such regulations before October 1, 2013. U ntil the earlier of the date such tribe, organization, or consortium comes into compliance with such regulations or October 1, 2013, the limitations on the claiming of in- kind expenditures from third-party sources under clause (ii) shall continue to apply to such tribe, organization, or consortium (without regard to fiscal limitation) for purposes of determining the non-Federal share of amounts expended by the tribe, organization, or consortium during any fiscal year quarter that begins after September 30, 2011, and before such date of compliance or October 1, 2013, whichever is earlier. ‘‘(III) D EFINITION OF EARLY APPROVED TRIBE, ORGANIZATION, OR CONSORTI UM .—For purposes of subclause (II) of this clause, the term ‘early approved tribe, organization, or consortium ’ means an Indian tribe, tribal organization, or tribal consortium that had a plan approved under section 471 in accordance with this section for any quarter of fiscal year 2010 or 2011. ‘‘(iv) FISCAL YEAR 2015 AND T H EREAFTER.—Subject to clause (v) of this subparagraph, with respect to amounts expended during any fiscal year quarter beginning after September 30, 2014, for which the tribe, organization, or consortium is eligible for pay- ments under any subparagraph of section 474(a)(3) of this Act, in-kind expenditures from third-party sources may be claimed for purposes of determining the non-Federal share of expenditures under any Ap p licab ili ty.

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