Program Instruction: ACYF-PI-CC-97-04

• 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. I

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
• Tribal Mandatory funds - funding that is provided to eligible Tribal organizations under section 418 of the Social Security Act

These two funding sources have now been integrated into the CCDF, a new child care program with amended rules.

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 $51 per child for each Tribe or Tribal consortium with a minimum of 50 children. Tribal mandatory funds are calculated solely on a per-child basis 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.

Tribes and Tribal organizations should use the Tribal allocation chart (see Attachment A) as a guide in preparing the budget section for the CCDF application. A new applicant should use the base amount plus approximately $51 per child to estimate its allotment for discretionary funding. A minimum of 63.75 percent of the total per child amount must be spend on direct child care services.

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.

Note: These amounts are provided for the purpose of estimating the allotments that will become available on October 1, 1997 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, 1997, ACF will calculate grant awards based on the number of children under the age of 16. A Tribe must submit a declaration, signed by the governing body of the Tribe or an individual authorized to act for the applicant Tribe or organization, 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 plan.

A Tribal consortium must submit 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 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 requested as an attachment under 1.8.

A Tribe is not required to conduct a special count to obtain a child count number for funding that becomes available on October 1, 1997. Tribes may submit their most recent child count of such children. If a Tribe chooses to conduct a special count, it must be completed by the July 1 application and plan (if applicable) due date and must be submitted with the consolidated 102-477 plan.

For the allocation of funds that become available on October 1, 1997, 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: If an application is submitted without a child count declaration, ACF will calculate the Tribe's grant award for funds that become available on October 1, 1997 using the same number of children used to determine the FFY 1996 Grant Award.

Beginning with funds that become available on October 1, 1998, child count declarations will be based on children under age 13, in conformance with the CCBDG Statute. Tribes and Tribal consortia will have to provide this information as an attachment to their annual application.

Final allotments will be indicated on the grant award to each Tribe and Tribal consortium. A separate information memorandum showing final allotments to all grantees will be issued early in the fiscal year.

• 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 - "Tribal Allocation Chart").

4. Funds for Construction/Renovation - if an applicant intends to use funds for construction or renovation, the lead agency estimates that the following amount will be used for this purpose: $      . (658o(c)(6)).

Note: The application does not give approval to spend funds on construction or renovation. Funds for this purpose cannot be spent until a Tribe or Tribal consortium has applied for and received approval, through a separate application process, from the Department of Health and Human Services (HHS).

As a part of a separate application process, a Tribe or Tribal consortium must show that adequate facilities are not otherwise available to carry out child care programs, and that the lack of facilities will inhibit the operation of such programs in the future. Furthermore, a Tribe or Tribal consortium cannot reduce the level of child care services, as compared to the preceding fiscal year, in order to spend funds on construction or renovation.

5. Child Count Declaration - a signed declaration which certifies the number of Indian children, under age 16 for FFY 1998 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 Funding Allocation Formulas" section of this Program Instruction.

6. The following statements/assurances/certifications

a. Statement of Intent to administer the CCDF program under a P.L. 102-477 Consolidated Plan;

b. Statement that the Lead Agency will comply with the List of Assurances found in Attachment B of this Program Instruction; and

c. Statement that the Indian Tribe will coordinate, to the maximum extent feasible, with the Lead Agency(ies) in the State(s) in which the CCDF programs or activities will be carried out. (Section 658o(c)(2)(a))

If an applicant chooses to include CCDF in a consolidated 102-477 plan, the following CCDF requirements must be included:

• 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 CCDF 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 C - 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
Child Care Bureau
Administration on Children, Youth
and Families, Room 320-F
200 Independence Avenue, S.W.
Washington, D.C. 20201