Clarification of the Terms and Conditions for Tribal Grant Awards |
| Index: ACYF-IM-CC-99-02 | Terms and Conditions FFY97-99 | (Collection available in Word and PDF) |
| Related Item: ACF Regional Administrators | FFY 2001 Final Tribal Allocations and Earmarks |
FFY 1997 Construction or Major Renovation Funding for Tribes Terms and Conditions |
DEPARTMENT OF HEALTH AND HUMAN SERVICES
(DHHS)
ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)
CHILD CARE AND DEVELOPMENT FUND
CONSTRUCTION OR MAJOR RENOVATION FUNDING
(TRIBES)
TERMS AND CONDITIONS
FFY 1997
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (Public Law 104-193) amended the Child Care and Development Block Grant Act of 1990 to allow Tribal Lead Agencies, upon requesting and receiving approval from the Administration for Children and Families (ACF), to use Child Care and Development Fund (CCDF) funds for construction or renovation of child care facilities.
This award is subject to the following terms and conditions:
| 1. | These terms and conditions apply to funds for construction or major renovation. "Construction" means the building of a child care facility which does not currently exist. "Major Renovation" involves structural changes to the foundation, roof, floor, exterior or load-bearing walls of a facility, or the extension of a facility to increase its floor area. "Major Renovation" also includes any extensive alteration of a facility such as to significantly change its function and purpose, even if such renovation does not include any structural change. |
| 2. | The Tribal Lead Agency may not use these funds until its construction/renovation
application is approved by ACF. The Tribal Lead Agency must administer
these funds in accordance with its construction/renovation application
that was approved by ACF and in accordance with the requirements
in Program Instruction ACYF-PI-CC-05, dated August 18, 1997. These
funds must be obligated and liquidated by September 30, 1999.
They are 100% Federal funds and no Tribal match is required to
use these funds.
Funds, from the Tribal Lead Agency's CCDF grant award, have been transferred to this separate grant award to be used for construction and renovation activities up to the amount of this award and may be used for construction and renovation. The balance, if any, must be used for allowable CCDF activities. If the Tribal Lead Agency determines that all or part of these funds are not needed for construction or renovation, it must notify ACF in writing before it uses the funds for other allowable CCDF activities. The written notification must specify the amount of funds that will be used for CCDF activities other than construction or renovation. Mail notification to: The Administration on Children, Youth and Families Child Care Bureau |
| 3. | CCDF funds used to pay for planning or consultant costs related to construction or major renovation must come from this grant award (i.e., the separate construction and renovation grant award). Prior to ACF approval of its construction/renovation application, a Tribal Lead Agency may use CCDF funds from its general Tribal Mandatory or Discretionary grant award for planning or consultation costs; however, once ACF approves the application, a retroactive adjustment must be made to charge these costs to the separate construction and renovation grant award. |
| 4. | Funds cannot be used to purchase an existing building or facility. |
| 5. | Funds may be used to pay for the costs of constructing or renovating a modular unit, including the costs of buying and installing the unit, if such costs were included in the Tribal Lead Agency's construction/renovation application that has been approved by ACF. A "modular unit" is a portable structure made at another location and moved to a site for use by a Tribe to carry out a CCDF program. |
| 6. | Funds can be used for the costs of a construction or major renovation project that was ongoing or completed at the time the Tribal Lead Agency submitted its construction/renovation application, if the costs were included in the application that has been approved by ACF and if the project began after October 1, 1996. |
| 7. | Tribal Lead Agencies must submit an
original annual financial status report, ACF-696T, of expenditures
within 90 days after the end each fiscal year until all funds
are expended. Tribes are encouraged to submit final reports as
soon as all funds are expended for a fiscal year.
Mail these reports to: The Administration on Children, Youth and Families Child Care Bureau |
| 8. | These grant funds may not be used to meet the matching requirements of other Federal grant programs. |
| 9. | The expenditure of funds under this program is subject to the annual audit requirements under the Single Audit Act of 1984 (P.L. 98-502) and the Office of Management and Budget Circular A-133. |
| 10. | Tribal Lead Agencies must comply with Public Law 103-227, Part
C -Environmental Tobacco Smoke, also known as the Pro-Children
Act of 1994. This Act requires that smoking not be permitted in
any portion of any indoor facility owned or leased or contracted
by an entity and used routinely or regularly for the provision
of health, day care, education, or library services to children
under the age of 18, if the services are funded by Federal programs
either directly or through State and local governments. Federal
programs include grants, cooperative agreements, loans or loan
guarantees, and contracts. The law does not apply to children's
services provided in private residences, facilities funded solely
by Medicare or Medicaid funds, and portions of facilities used
for inpatient drug and alcohol treatment.
The Tribal Lead Agency further agrees that the above language will be included in any sub-awards which contain provisions for children's services and that all subgrantees shall certify compliance accordingly. Failure to comply with the provisions of this law may result in the imposition of a civil monetary penalty of up to $1,000 per day. |
The U.S. General Accounting Office maintains a toll free telephone number, (800) 424-5454, for receiving information concerning fraud, waste or abuse under grants and cooperative agreements. Such reports are kept confidential, and callers may decline to give their names if they choose to remain anonymous.
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| Index: ACYF-IM-CC-99-02 | Terms and Conditions FFY97-99 | (Collection available in Word and PDF) |
| Related Item: ACF Regional Administrators | FFY 2001 Final Tribal Allocations and Earmarks |