TITLE 9 HUMAN RIGHTS

CHAPTER 2 AGE

PART 20 CAPS ON REIMBURSEMENT FOR INDIRECT COSTS TO INDIAN TRIBAL

ORGANIZATIONS IN INTERGOVERNMENTAL AGREEMENTS

9.2.20.1 Issuing AgencY: New Mexico Aging and Long Term Services Department (NMALTSD)

[9.2.20.1 NMAC - Rp, 9.2.20.1 NMAC, 6/30/2015]

9.2.20.2 Scope: This part applies only to intergovernmental agreements with Indian tribal organizations.

[9.2.20.2 NMAC -Rp, 9.2.20.2 NMAC, 6/30/2015]

9.2.20.3 Statutory Authority: Aging and Long-Term Services Department Act, Sections 9-23-1 to 9-23-12 NMSA 1978; Older Americans Act of 1965, 42 U.S.C. Sections 3001 to 3058, and implementing regulations.

[9.2.20.3 NMAC -Rp, 9.2.20.3 NMAC, 6/30/2015]

9.2.20.4 Duration: Permanent.

[9.2.20.4 NMAC -Rp, 9.2.20.4 NMAC, 6/30/2015]

9.2.20.5 Effective Date: June 30, 2015, unless a later date is cited at the end of a section.

[9.2.20.5 NMAC -Rp, 9.2.20.5 NMAC, 6/30/2015]

9.2.20.6 Objective: The purpose of this rule is to establish the extent to which the department will reimburse Indian tribal organizations for indirect costs incurred in the performance of intergovernmental agreements.

[9.2.20.6 NMAC -Rp, 9.2.20.6 NMAC, 6/30/2015]

9.2.20.7 Definitions: As used in this part, “indirect cost” means a cost that has been incurred for common or joint purposes and benefits more than one (1) activity, such as an intergovernmental agreement or grant. Indirect costs cannot be readily identified with a particular activity without effort disproportionate to the results achieved.

[9.2.20.7 NMAC -Rp, 9.2.20.7 NMAC, 6/30/2015]

9.2.20.8 INDIRECT COSTS: The department shall allow for indirect costs in intergovernmental agreements for services with any Indian tribal organization of up to ten percent (10%) of the total agreement amount, as requested and as determined on a specific basis, provided that the Indian tribal organization has a federally approved indirect cost rate. No indirect costs shall be allowed for capital projects.

[9.2.20.6 NMAC -Rp, 9.2.20.8 NMAC, 6/30/2015]

HISTORY OF 9.2.20 NMAC:

History of the Repealed Material:

9.2.20 NMAC, filed 5/10/2001 - Repealed 6/30/2015.