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15.130 INDIAN EDUCATION_ASSISTANCE TO SCHOOLS

(Johnson-O'Malley)

FEDERAL AGENCY
BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

AUTHORIZATION
Johnson-O'Malley Act of April 16, 1934; as amended, 25 U.S.C. 452; Indian Self Determination and Education and Assistance Act, Public Law 93-638; 25 U.S.C. 455-457.

OBJECTIVES
To fund programs that meet the unique and specialized needs of eligible Indian students.

TYPES OF ASSISTANCE
Direct Payments for Specified Use.

USES AND USE RESTRICTIONS
Funds may be used for supplemental programs to meet the special educationally related needs of eligible Indian students. Funds under this program may not be used for capital expenditures.

Applicant Eligibility
Tribal organizations, Indian Corporations, school districts or States which have eligible Indian children attending public school districts and have established Indian Education Committees to approve supplementary or operational support programs beneficial to Indian students.

Beneficiary Eligibility
Children who are enrolled members of, or at least one-fourth or more degree of Indian blood descendant of a member of a federally recognized Indian tribal government eligible for service by the Bureau, and are between age 3 through grade 12 with priority given to those residing on or near Indian reservations.

Credentials/Documentation
As required for contract under 25 CFR Part 900.

Preapplication Coordination
BIA will provide technical assistance when requested by tribal organization. This program is excluded from coverage under E.O. 12372.

Application Procedure
Application forms may be obtained from the Area/Agency Education Program Administrator. Completed applications which include an education plan based on needs assessments and an estimated budget are sent to the appropriate BIA Area or Agency Office.

Award Procedure
The dollar value of the award depends upon the amount that has been prioritized by the individual Indian tribe through tribal participation in the Bureau of Indian Affairs' Tribal Priority Allocation budget formulation process. Contracts with Indian corporations, States and school districts are negotiated with the Agency/Area Education Program Administrator.

Deadlines
None.

Range of Approval/Disapproval Time
Applications will be processed within 90 days.

Appeals
An unsuccessful applicant may request an informal conference with the deciding official, or may appeal the denial of the application to the Interior Board of Indian Appeals, or may bring suit in U.S. District Court. Full appeal procedures are found in 25 CFR Part 900.

Renewals
Awards may be renewed indefinitely upon satisfactory performance by the contractor/grantee. A notice of intent to renew should be submitted at least 90 days prior to the expiration of the current award. The amount of the award may be adjusted as a result of individual tribal priorities established in the budget formulation process.

Formula and Matching Requirements
None.

Length and Time Phasing of Assistance
Awards are made on an annual basis and the funds remain available until expended by the contractor/grantee. Payments may be made in advance or by way of reimbursement. The timing of the payments will be negotiated with the Indian tribe.

Reports
Annual reports required following the close of the year, as specified in 25 CFR 273.

Audits
For awards made under this program, grantees are responsible for obtaining audits. All nonfederal entities that expend $500,000 or more of Federal awards in a year ($300,000 for fiscal year ending on or before December 30, 2003) are required to obtain an annual audit in accordance with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501 et. seq.) and OMB Circular A-133 Compliance Supplement and Government Auditing Standards. Nonfederal entities that expend less than $500,000 (for fiscal years ending after December 1, 2003) a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in OMB Circular A-133.

Records
Financial records must be retained for 3 years from the date of submission of the single audit report. Procurement records must be retained for 3 years from the date of final payment. Property records must be retained for 3 years from the date of disposition, replacement or transfer. Records pertaining to any litigation, audit exceptions or claims must be retained until the dispute has been resolved.

Account Identification
14-2100-0-1-501.

Obligations
FY 07 $16,371,000; FY 08 est. $12,000,000; and FY 09 est. $16,500,000.

Range and Average of Financial Assistance
$700 to $4,359,000; $72,000.

PROGRAM ACCOMPLISHMENTS
Annually approximately 272,000 students in 33 States are served.

REGULATIONS, GUIDELINES, AND LITERATURE
25 CFR, Part 273; 25 CFR Part 900.

Regional or Local Office
See Education Line Officers' addresses in Catalog Appendix IV.

Headquarters Office
Office of Indian Education Programs, Room MS 3609-MIB, 1849 C Street, N.W., Washington, DC 20240. Contact: Jim Martin. Telephone: (202) 208-5820.

Web Site Address
http://www.oiep.bia.edu/jom.htm; http://www.doi.gov/bureau-indian-affairs.html

RELATED PROGRAMS
None.

EXAMPLES OF FUNDED PROJECTS
Home school coordinators; remedial tutoring, educational field trips; and cultural programs.

CRITERIA FOR SELECTING PROPOSALS
Johnson-O'Malley Parent Committee determination through needs assessments.


General Services Administration
Office of Chief Acquisition Officer
Regulatory and Federal Assistance Division (VIR)