Index: ACYF-PI-CC-04-01 | Procedures | Compliance with Environmental Policy | Compliance with Historic Preservation | Application Checklist | Documents and Deadlines | (Collection available in Word and PDF)

Related Items: ACF Regional Administrators | Old Program Instructions: 2001 Construction and Renovation Procedures

Please Note: ACYF-PI-CC-04-01 has been superseded by 2007 Construction and Renovation Procedures for Tribal Lead Agencies

Program Instruction (ACYF-PI-CC-04-01)

1. Log No: ACYF-PI-CC-04-01

2. Issuance Date: January 23, 2004

3. Originating Office: Child Care Bureau

4. Key Word: Child Care and Development Fund (CCDF); Construction and Renovation Procedures for Indian Tribes

Tribal Lead Agencies administering child care programs under the Child Care and Development Block Grant (CCDBG) Act of 1990 as amended, and other interested parties. 

Section 658O(c)(6) of the Child Care and Development Block Grant Act of 1990 (CCDBG Act), as amended.  45 CFR 98.2, 98.83(g), and  98.84.  ACYF-PIQ-CC-99-01.

Procedures for Requests from Tribal Lead Agencies to Use CCDF Funds for Construction or Major Renovation of Child Care Facilities

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) amended the CCDBG Act to allow Tribal Lead Agencies to use CCDF funds for construction or renovation of child care facilities.  A Tribal Lead Agency must first request and receive approval from the Administration for Children and Families (ACF) before using CCDF funds for construction or major renovation.  Under the law, ACF must develop and implement uniform procedures for the solicitation and consideration of requests. This Program Instruction contains the uniform procedures.

This Program Instruction supersedes ACYF-PI-CC-01-01 (issued February 5, 2001).  The revised procedures contained in this new Program Instruction update the construction and renovation procedures by:

• Adding requirements for projects involving property or land not owned by the Tribal Lead Agency, in order to ensure access to the facility and protect the Federal interest.
• Requiring a new assurance to implement Executive Orders 13202 and 13208 related to the use of Project Labor Agreements.
• Requiring documentation to support a project's cost estimate.
• Requiring a Notice of Federal Interest to be filed at the beginning of a construction/renovation project, rather than its completion.
• Clarifying other requirements, including those related to mortgages, loans, deeds of trusts, or other agreements used to finance the construction or renovation.

A number of these changes are consistent with new Head Start regulations governing construction and renovation that were published May 1, 2003 (68 FR 23212).                

Direct all inquiries to the appropriate ACF Regional Administrator listed at Attachment F.