FEDERAL AGENCY:

BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR

AUTHORIZATION:

Indian Self-Determination and Education Assistance Act, Public Law 93-638, 25 U.S.C. 450 et seq., as amended, Title IV; Tribal Self-Governance Act of 1994, Public Law 103-413.

OBJECTIVES:

To provide safe, functional, code and standards compliant, economical, and energy-efficient adult and/or juvenile detention facilities.

TYPES OF ASSISTANCE:

Direct Payments for Specified Use. Place Cursor Here for Definition

USES AND USE RESTRICTIONS:

Funds are provided for advanced planning, design, and construction for facilities improvement and repair to Bureau detention facilities (e.g. renovations, improvements, demolitions, or additions) when economically justified with emphasis on addressing critical health and safety needs identified in Bureau safety reports and meeting emergency needs.

ELIGIBILITY REQUIREMENTS:

Applicant Eligibility:   Federally Recognized Indian Tribal Governments who have a prioritized Facilities Improvement and Repair project for a Bureau detention facility for which funds have been appropriated.

Beneficiary Eligibility:   Federally Recognized Indian Tribal Governments.

Credentials/Documentation:   An initial application must be accompanied by a copy of the authorizing resolution from the Federal Recognized Indian Tribal Government to be served. If a currently effective authorizing resolution covering the scope of a project has already been provided, a reference to that resolution.

Pre-application Coordination:   An informal conference with BIA agency representatives is recommended. This program is excluded from coverage under E.O. 12372.

Application Procedure:   Applications must be filed in accordance with 25 CFR Part 900 "Contracts under the Indian Self-Determination and Education Assistance Act."

Award Procedure:   Projects are prioritized before the funds are appropriated. Funds must be appropriated before the award can be made. The award is made in accordance with the procedures contained in 25 CFR Part 900 "Contracts under the Indian Self-Determination and Education Assistance Act."

Deadlines:   Applications must be submitted in accordance with applicable procedures.

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:   Depending upon the size and complexity of the construction project, it may take several increments of funding assistance to complete the project. The initial award is issued as a new contract/grant, with second and subsequent funding increments issued as renewals to the existing contract/grant.

ASSISTANCE CONSIDERATIONS:

Formula and Matching Requirements:   Not applicable.

Length and Time Phasing of Assistance:   Funds remain available until expended in accordance with the terms of the award.

POST ASSISTANCE REQUIREMENTS:

Reports:   Financial status reports, SF 269A, are required. Program progress reporting requirements will be negotiated with the Self- Determination contractor/grantee.

Audits:   For awards made under this program grantees/contractors are responsible for obtaining audits in accordance with the Single Audit Act Amendments of 1996 ( 31 U.S.C. 7501 et seq.).

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.

FINANCIAL INFORMATION:

Account Identification:   14-2301-0-1-452.

Obligations:   FY 01 $125,000; FY 02 est $1,412,100; and FY 03 est $1,416,600.

Range and Average of Financial Assistance:   Facilities Improvement and Repair: The amount of financial assistance can range significantly from a few thousand dollars to approximately $3 million. There are several categories of projects that are included under Facilities Improvement and Repair, such as, Emergency, Roofing and Environmental. The average amount of financial assistance can vary depending on the category. ARRA-funded projects range from less than $1.1 million to $1.6 Million.

Funds are used to address environmental projects, asbestos abatement, minor repairs, emergency repairs, and safety and health and other code deficiencies.

REGULATIONS, GUIDELINES, AND LITERATURE:

25 CFR, Part 900, Contracts under the Indian Self-Determination and Education Assistance Act; OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments; Bureau of Indian Affairs Manual, Chapter 25, Supplements 18 and 19; Indian Affairs Manual, Chapter 40, Law Enforcement and Detention; and BIA's Adult Detention Handbook, Juvenile Detention Handbook, and/or Model Inmate Handbook, as applicable.

INFORMATION CONTACTS:

Regional or Local Office:   Bureau of Indian Affairs agency or regional office as listed in Appendix IV.

Headquarters Office:   Deputy Director, Office of Facilities Management and Construction, Bureau of Indian Affairs, 1011 Indian School Road, Suite 335, Albuquerque, New Mexico 87104 Phone: (505) 563-5142.

Web Site Address:  
http://www.bia.gov

EXAMPLES OF FUNDED PROJECTS:

The emphasis of this program is to remedy life safety and health related deficiencies in existing facilities. An emergency stand-by generator to power security systems and enlargement of exercise yard to comply with program requirements were done at a detention facility in Arizona. Another project at a Montana detention facility addressed miscellaneous life safety, handicap, and environmental deficiencies including installation of rest rooms to accommodate the handicapped, new electrical wiring, and asbestos removal. A project at a facility in New Mexico included heating and cooling system improvements, site drainage, and a new back- up generator to power security systems.

CRITERIA FOR SELECTING PROPOSALS:

Criteria to evaluate Bureau owned and operated detention facilities for prioritization emphasize eliminating critical health and safety-related deficiencies. For more information on the priority ranking process for Facilities Improvement and Repair of Bureau owned and operated detention facilities, contact the local Bureau of Indian Affairs agency or regional office as listed in Appendix IV of the Catalog or the Headquarters Offices listed above.