Program Instruction: ACYF-PI-CC-98-03

·Demonstrate how Indian tribal governments can integrate the employment, training and related services they provide in order to improve the effectiveness of those services;

· Reduce joblessness in Indian communities; and

· Serve tribally determined goals consistent with the policy of self-determination.

In accordance with P.L. 102-477, eligible tribal applicants may choose to streamline tribal services by submitting a consolidated plan for employment, training and related services to the Bureau of Indian Affairs (BIA), Department of the Interior.

Eligible applicants may include the newly integrated child care program, the "Child Care and Development Fund" (CCDF) in their 102-477 plan. The CCDF is comprised of two funding sources:

· Discretionary Funds - funding that is provided under the Child Care and Development Block Grant Act, as amended; and

A Tribe with fewer than 50 children under age 13 may participate in a consortium of eligible tribes. In order to be eligible to receive CCDF funds on behalf of its member Tribes, a consortium must:

· Consist of Tribes which meet the eligibility requirements for the CCDF program or which would meet the eligibility requirements if the Tribe or tribal organization had at least 50 children under age 13; and

· Adequately demonstrate it has authorization from each participating Tribe to receive CCDF funds on behalf of the Tribe.

Special Rule for Indian Tribes in Alaska:

Only specified Alaska Native entities may receive Tribal Mandatory Funds. The Metlakatla Indian Community of the Annette Islands Reserve and the following Alaska Native regional nonprofit corporations are eligible to receive Tribal Mandatory Funds:

· Arctic Slope Native Association;
· Kawerak, Inc.;
· Maniilaq Association;
· Association of Village Council Presidents;
· Tanana Chiefs Conference;
· Cook Inlet Tribal Council;
· Bristol Bay Native Association;
· Aleutian and Pribilof Island Association;
· Chugachmuit;
· Tlingit and Haida Central Council;
· Kodiak Area Native Association; and
· Copper River Native Association.

Discretionary Funds will continue to include a base amount of $20,000 plus approximately $19 per child for each Tribe or tribal consortium with a minimum of 50 children. Grants from the Tribal Mandatory Fund are calculated solely on a per-child basis (approximately $81 per child in FY 1998) and do not include a base amount.

Since the per-child amount depends upon the total number of children in all participating tribes, ACF cannot calculate in advance the exact per-child amount. However, Tribes and tribal organizations may use the FY 1999 Tribal Estimates Chart (See Attachment A) as a guide. A new applicant should use the base amount plus approximately $19 per child to estimate its allotment for Discretionary funding and should use approximately $81 per child to estimate its allotment for Tribal Mandatory funding.

A tribal consortium should estimate its allotment for Discretionary funding for each of its members by calculating a portion of the base amount that is equivalent to the ratio of the number of children in each member Tribe to 50, plus the additional per child amount. For example, a Tribe with 49 children is allotted 49/50ths of $20,000, or $19,600. The per child amount is then multiplied by 49 and added to the $19,600 base amount.

Important: These amounts are provided for the purpose of estimating the allotments that will become available on October 1, 1998 and may increase or decrease when updated data becomes available before the final grant awards are issued.

Self-Certification of Child Counts

For funds that become available on October 1, 1998, ACF will calculate grant awards based on the number of children under age 16. A Tribe must submit a declaration which certifies the number of Indian children, as defined in the 102-477 Plan, in the Tribe's most recent count, under age 16, who reside on or near the reservation or other tribal service area. The declaration must be included as an attachment to the 102-477 application and/or plan.

This declaration must be signed by the governing body of the Tribe or an individual authorized to act for the applicant Tribe or organization

The declaration should use the following language:

"The Tribal Lead Agency certifies that the number of Indian children under age 16 who reside on or near the reservation, or other service area is_____ ."

A tribal consortium must submit (as an attachment) individual child count declarations signed by the governing body of the Tribe, or an individual authorized to act for the Tribe, for each of its members participating in the consortium.

Note: Because of the statutory "Special Rule for Indian Tribes in Alaska" under Tribal Mandatory Funding (see Eligibility Section), some Alaska Native Regional Nonprofit Corporations will have to provide a separate child count certification for Discretionary Funding purposes. This count will consist of its self-certified Tribal Mandatory Funding count, minus the child count number for any Alaska Tribal grantee in its Region which applies directly to ACF for Discretionary Funding. In instances where a Regional Corporation has separate child counts for Discretionary and Tribal Mandatory Funds, both counts may be reported on the declaration, which is included as an attachment.

A Tribal Lead Agency should not count any children who are included in the child count of another CCDF Tribal grantee. To ensure unduplicated child counts, a Tribal grantee should confer with any other Tribal grantee that has an overlapping or neighboring service area. See Attachment A for a list of FY 1998 Tribal grantees.

If a Tribal Lead Agency chooses not to provide a self-certified child count, ACF will calculate the Tribe's grant award for funds that become available in FY 1999 using the same number of children used to determine the FFY 1998 grant award. Please be aware, however, that beginning with funds awarded in FY 2000, all Tribal Lead Agencies will be required to submit a self-certified child count for children under age 13 (see related discussion below).

A Tribe is not required to conduct a special count to obtain a child count number for funding that becomes available in FY 1999. Tribes may submit their most recent child count of such children. If a Tribe chooses to conduct a special count, it must be completed prior to the July 1 submission of the consolidated 102-477 application and plan (if applicable) .

For the allocation of funds that become available in FY 1999, ACF will allow children under age 16 to be counted in order to provide flexibility in the type of data used to derive this number.

Note: We had previously proposed that for funds available in FY 1999, tribal child count declarations would include only children under age 13 in accordance with the Child Care Development Block Grant statute (see the Notice of Proposed Rulemaking published July 23, 1997 at 62 FR 39633 and instructions for the FY 1998 CCDF Plan Preprint and 102-477 Consolidation).

For FY 1999 funds only, however, we are modifying this approach to continue to permit self-certification of tribal child counts to include children under age 16. While we fully embrace self-certification of tribal child counts, based on the practical experience in implementing this approach for FY 1998 tribal grant awards, we believe that more time is necessary for some Tribal Lead Agencies to plan for counting children under age 13. This additional time is particularly important since Tribes will no longer be able to use the data in the BIA Indian Service Population and Labor Force Estimates Report, and there is no frequently published national data source which provides counts of children under age 13 for all current or potential CCDF tribal grantees.

However, beginning in FY 2000, we will require self-certification of children under age 13 (rather than under age 16). In addition, beginning in FY 2000, all Tribes will be required to provide a self-certified child count since, as discussed above, no frequently published national data source provides information for children under age 13.

· Be eligible to receive CCDF funding (see Eligibility Section of this Program Instruction);

· Have submitted a consolidated 102-477 plan to BIA which includes the CCDF program; and

· Submit an annual application to BIA requesting CCDF program funds.

There is no required format for the application. However, the application must be signed by the tribal Chairperson (or his/her designee) and must include the following information:

1. Plan Period

The plan period for which the application is submitted. Note: CCDF Funds become available on October 1 of each funding year.

2. Lead Agency

Designation of a Lead Agency responsible for administering the CCDF funds.

3. Funds Requested

The amount of CCDF funds requested for this period, based on the estimated CCDF allotment for the applicant (see Attachment A - "FY 1999 Tribal Estimates Chart").

4. Child Count Declaration

A signed declaration which certifies the number of Indian children, under age 16 for FFY 1999 funding, who reside on or near the reservation or other tribal service area. Note: The child count self-certification process is explained under the "Funding Estimates and Allocation Formulas" section of this Program Instruction.

5. Statement of Intent

A Statement of intent to administer the CCDF program under a P.L. 102-477 consolidated plan.

Note: By applying for FY 1999 CCDF funds, a Tribe agrees to follow the provisions of the Child Care and Development Block Grant Act of 1990, as amended, and applicable regulations at 45 CFR Parts 98 and 99.

On July 23, 1997, ACF published a proposed rule (at 62 FR 39610-39657) that proposed amendments to the Child Care Development Block Grant regulations. If final regulations are published prior to October 1, 1998 as anticipated, the requirements in these new regulations will apply to FY 1999 CCDF funds. ACF will also provide guidance regarding any new CCDF regulations which may not be waived under an approved 102-477 plan.

By applying for FY 1999 CCDF funds, a current grantee recognizes that it continues to be bound by and to be required to meet the assurances and certifications provided in the 102-477 plan for the remainder of the Plan period. A new tribal applicant must include required assurances as part of its CCDF Plan submittal.

· A description of the way child care services are to be integrated and delivered and the results expected.

· The agency or agencies of the tribal government (or tribal consortium) to be involved in the delivery of CCDF services under the plan.

· A description of the public hearing process held to provide the Tribe (or member Tribes in the case of a tribal consortium) an opportunity to comment on the proposed CCDF activities under the consolidated 102-477 plan.

· A sliding fee scale that provides for cost sharing by families and is based on income and family size. A grantee may waive contributions from families whose incomes are at or below the poverty level for a family of the same size, or may apply different sliding fee scales. A copy of the sliding fee scale(s) must be included in the 102-477 plan.

· Definitions for 1) Indian Child; and 2) Indian Reservation or Tribal Service Area. Tribes have broad latitude in defining these terms, which are used to determine eligibility. An applicant's child count declaration, required in the annual CCDF application, is based on the definition of these terms.

· Any regulations, policies, or procedures that the tribe requests to be waived.

· A consortium must submit a demonstration (e.g., a tribal resolution) from each member Tribe which authorizes the consortium to receive CCDF funds on its behalf for the duration of the plan period.

Note: A member Tribe may fulfill this requirement by including a statement in its tribal resolution which clearly states that CCDF funds are included in the 102-477 plan. (The BIA requires that each Tribe participating in a consortium submit a tribal resolution which authorizes the consortium to enter into a 102-477 plan on its behalf.)

In completing a consolidated P.L. 102-477 plan, applicants should refer to the "Preparation of Tribal Plans, Pursuant to Public Law 102-477, PROPOSED GUIDANCE FOR TRIBAL GOVERNMENTS" prepared by BIA.

In order for a waiver of a regulation, policy or procedure to be granted, the tribal plan must contain:

• A request for a waiver of the specific regulation, policy or procedure;
• A justification of the need for the waiver; and
• A discussion of what the Tribe will use to replace the existing regulation, if applicable.

Waivers will be granted or denied on a case-by-case basis for each tribal plan. Blanket waiver requests are not acceptable. (See Attachment B - Statutory and Regulatory Requirements That Will Not be Waived.)

Bureau of Indian Affairs
Office of Economic Development
Division of Job Placement and Training
1849 C Street, NW
Mail Stop 4660 MIB
Washington, D.C. 20240

An additional copy must be sent to the:

Associate Commissioner , ACYF
Child Care Bureau
330 C. Street, S.W.
Room 2046
Washington, D.C. 20447