+-------------+-------------------------+-----------------------------+
| ACF         | U.S. DEPARTMENT OF      |                             |
|             | HEALTH AND HUMAN        |                             |
| Adm         | SERVICES                |                             |
| inistration |                         |                             |
|             | Administration on       |                             |
| for         | Children, Youth and     |                             |
| Children    | Families                |                             |
|             |                         |                             |
| and         |                         |                             |
| Families    |                         |                             |
+-------------+-------------------------+-----------------------------+
|             | **1. Log No.            | **2. Issuance Date: Nov. 4, |
|             | ACYF-PI-CC-97-06**      | 1997**                      |
+-------------+-------------------------+-----------------------------+
|             | **3. Originating        |                             |
|             | Office:** Child Care    |                             |
|             | Bureau                  |                             |
+-------------+-------------------------+-----------------------------+
|             | **4. Key Word:** Child  |                             |
|             | Care and Development    |                             |
|             | Fund; Construction and  |                             |
|             | Renovation for Tribal   |                             |
|             | Lead Agencies           |                             |
+-------------+-------------------------+-----------------------------+

**CHILD CARE AND DEVELOPMENT FUND**

**PROGRAM INSTRUCTION**

+-------------+--------------------------------------------------------+
| **TO:**     | Tribal Child Care and Development Fund (CCDF) Lead     |
|             | Agencies and Other Interested Parties                  |
+-------------+--------------------------------------------------------+
| *           | Compliance with the National Environmental Policy Act  |
| *SUBJECT:** | and the National Historic Preservation Act when Using  |
|             | CCDF Funds for Construction or Major Renovation of     |
|             | Child Care Facilities                                  |
+-------------+--------------------------------------------------------+
| **LEGAL AND | Section 6580(c)(6) of the Child Care and Development   |
| RELATED     | Block Grant (CCDBG) Act of 1990 (P.L. 101-508) as      |
| RE          | amended by P.L. 102-401, P.L. 102-586, P.L. 103-171,   |
| FERENCES:** | and P.L. 104-193. The National Environmental Policy    |
|             | Act (NEPA) of 1969 (42 U.S.C. §4321 et seq) and its    |
|             | implementing regulations (40 CFR Parts 1500-1508). The |
|             | National Historical Preservation Act of 1966, as       |
|             | amended (16 U.S.C. §470f).                             |
+-------------+--------------------------------------------------------+
| **BA        | The Personal Responsibility and Work Opportunity       |
| CKGROUND:** | Reconciliation Act of 1966 (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. Requests   |
|             | must follow uniform procedures (ACYF-PI-CC-97-05;      |
|             | August 18, 1997).                                      |
|             |                                                        |
|             | These uniform procedures (Section VI \"Application     |
|             | Requirements, item 20, page 8) require applicants to   |
|             | provide information that is necessary to comply with   |
|             | the National Environmental Policy Act and the National |
|             | Historic Preservation Act. This Program Instruction    |
|             | provides guidance regarding compliance with these      |
|             | Federal laws.                                          |
+-------------+--------------------------------------------------------+
| **I         | Direct all inquiries to the appropriate ACF Regional   |
| NQUIRIES:** | Administrator.                                         |
+-------------+--------------------------------------------------------+

> [/s/]{.underline}\
> James A. Harrell\
> Deputy Commissioner\
> Administration for Children, Youth\
> and Families

**Attachments:**\
**A -** National Environmental Policy Act\
**B -** National Historical Preservation Act\
**C -** ACF Regional Administrators

**Attachment A**

**National Environmental Policy Act**

The uniform procedures for requesting to use Child Care and Development
Fund (CCDF) monies for construction or renovation (ACYF-PI-CC-97-05);
August 18, 1997) require that a tribal Lead Agency include in its
written application:

An assessment of the impact of the proposed construction or renovation
on the human environment, addressing in particular any significant
change in land use (including substantial increases in traffic in the
surrounding area due to the provision of transportation services),
pursuant to section 102(2)(C) of the National Environmental Policy Act
(NEPA) of 1969 (42 U.S.C. §4332(2)(C) and its implementing regulations
(40 CFR Parts 1500-1508).

The purpose of the assessment is to determine whether the proposed
construction or renovation will or will not significantly affect the
quality of the human environment. The assessment should evaluate the
expected environmental consequences of the proposed
construction/renovation by means of the following steps:

[Identify those things that will happen as a result of the proposed
construction/renovation project.]{.underline} A project normally
produces a number of consequences (e.g., will involve construction
activity; will result in the provision of child care services).

[Identify the \"human environments\" that the proposed
construction/renovation will affect.]{.underline} The human environments
include terrestrial, aquatic, subterranean and aerial environments, such
as islands, cities, rivers, or parts thereof.

[Identify the kinds of changes that the proposed construction/renovation
will cause on these \"human environments.\"]{.underline} A change occurs
when a proposed construction/renovation project causes the human
environment to be different in the future than it would have been absent
the proposed project. For example, an increase in a human population;
the introduction of a new chemical compound to natural environments; or
an increase of traffic through residential neighborhoods. Effects in
both the near term (e.g., during the construction or renovation process)
and long term (e.g., after the construction or renovation has been
completed) must be considered. Identify the magnitude of any change
(e.g., whether the change will affect one neighborhood, the entire
tribal service area, etc.).

[Identify whether these changes are significant]{.underline}.
Determining whether or not a proposed construction/renovation project
will cause [significant]{.underline} changes involves a case-by-case
determination. This determination should consider:

-   Impacts that may be both beneficial and adverse. A significant
    effect may exist even if on balance the affect will be beneficial.

-   The degree to which the proposed project affects public health and
    safety.

-   Unique characteristics of the geographic area such as proximity to
    historic or cultural resources, park lands, prime farmlands,
    wetlands, wild and scenic rivers, or ecologically critical areas.

-   The degree to which the effects on the quality of the human
    environment are likely to be highly controversial.

-   The degree to which the possible effects on the human environment is
    highly uncertain or involves unique or unknown risks.

-   The degree to which the project may establish a precedent for future
    actions with significant effects or represents a decision in
    principle about a future consideration.

-   Whether the project is related to other actions with individually
    insignificant but cumulatively significant impacts. Significance
    exists if it is reasonable to anticipate a cumulatively significant
    impact on the environment. Significance cannot be avoided by terming
    a project temporary or by breaking it down into small component
    parts.

-   The degree to which the project may adversely affect districts,
    sites, highways, structures, or objects listed in or eligible for
    listing in the National Register of Historic Places or may cause
    loss or destruction of significant scientific, cultural, or
    historical resources.

-   The degree to which the project may adversely affect an endangered
    or threatened species or its habitat that has been determined to be
    critical under the Endangered Species Act of 1973. The establishment
    of a species in or removal of a species from an environment is
    significant.

-   Whether the project threatens a violation of law or requirements
    imposed for the protection of the environment.

-   Whether the project changes the characterization of an environment
    (e.g. from terrestrial to aquatic); such a change is considered
    significant.

Examples of changes that would [not]{.underline} be judged significant
include changes which:

-   Do not produce direct, indirect, or cumulative effects, which will
    last beyond one year.

-   Are remotely possible and involve a relatively small environment.

The assessment should also identify any reasonable, appropriate
alternatives to the proposed construction/renovation project, and
discuss the environmental impacts of these alternatives.

Finally, preparation of the assessment should involve consulting with
interested agencies and persons, and the assessment should include a
listing of any agencies and persons consulted.

The Tribal Lead Agency should provide public notice of: (1) any public
hearings or meetings that occur as part of the preparation of this
assessment; and (2) the availability of the environmental assessment
document for review by the public. Public notice might include
publication in local newspapers or newsletters, use of other local
media, or direct mailing to owners and occupants of nearby or affected
property.

Direct any questions to the appropriate ACF Regional Office (listed in
Attachment C).

The above guidance is based on NEPA regulations issued by the Council on
Environmental Quality (40 CFR Parts 1500-1508) and the Department of
Health and Human Services\' General Administrative Manual, Part 30 -
Environmental Protection, Chapter 30-60 - NEPA Review.

**Attachment B**

**National Historic Preservation Act**

The uniform procedures for requesting to use Child Care and Development
Fund (CCDF) monies for construction or renovation (ACYF-PI-CC-97-05;
August 18, 1997) require that a tribal Lead Agency include in its
written application such information as may be necessary to comply with
the National Historic Preservation Act of 1966, as amended (16 U.S.C.
§470f).

Section 106 of the National Historic Preservation Act states that the
Advisory Council for Historic Preservation (ACHP) will have an
opportunity to comment on any proposed Federal undertaking which will
affect a historic property which is listed on or eligible for listing in
the National Register of Historic Places (the Register).

Properties that meet the criteria for listing in the Register, which is
administered and maintained by the National Park Service, are normally
over 50 years of age (although there are exceptions for extremely
significant recent properties), and include districts, sites, buildings,
structures, and objects that are significant in American history,
architecture, archeology, engineering, and culture. More detailed
criteria are found in National Park Service regulations (36 CFR Part
60).

If either the tribal Lead Agency or the ACF Regional Office concludes
that the property (affected by the proposed construction/renovation
project) may be eligible for listing in the Register, ACF will submit a
letter to the Department of the Interior requesting a decision
concerning eligibility.

If a proposed construction/renovation project will affect a property
which is on or determined eligible for the Register, the tribal Lead
Agency must submit to ACF written materials regarding the impact of the
proposed construction/renovation project on the property. These
materials will be sent to ACHP for comment. For more detailed
information about the ACHP review process, see regulations at 36 CFR
Part 800.

Direct any questions to the appropriate ACF Regional Office (listed in
Attachment C).

The above guidance is based on information provided by the Advisory
Council on Historic Preservation on the World Wide Web
(http://www.achp.gov) and the Department of Health and Human Services\'
General Administrative Manual, Part 30 - Environmental Protection,
Chapter 30-40 - Cultural Asset Review.