List of Appendices

1. CCDF Program Instruction (ACYF-PI-CC-04-01), dated January 23, 2004
2. CCDF Policy Interpretation Question (ACYF-PIQ-CC-99-01), dated February 24, 1999
3. Sample Notice of Federal Interest
4. Application of Title III (Public Accommodations) of the Americans with Disabilities Act (ADA) to the Tribes
5. U.S. Department of Housing and Urban Development Indian Housing Area Office of Native American Programs (ONAP) Directory
6. Tribal Child Care Technical Assistance Center Fact Sheet
7. National Child Care Information Center Fact Sheet
8. Child Care Bureau Staff List
9. ACF Regional Office Tribal Lead Contacts List
10. National Head Start Facilities Assistance Desk Fact Sheet

Appendix C: Sample Notice of Federal Interest

Upon completion of construction or major renovation with CCDF funds of a facility, the grantee must record a Notice of Federal Interest in the appropriate official records for the jurisdiction in which the facility is located. Below is a sample:

Notice of Federal Interest

This is to serve as notice to all potential sellers, purchasers, transferrers, and grantees of a transfer of the real property described below as to the Federal Government's reversionary interests as set forth in 45 CFR Part 92, which have arisen as a result of [GRANTEE'S NAME] receipt and use of Department of Health and Human Services's grant funds in connection with said property. These grant funds were awarded on [DATE] in accordance with the Child Care and Development Block Grant Act. The property to which this notice is applicable is [ADDRESS] and identified as Parcel [INSERT APPROPRIATE NUMBER(S)] in the books and records of [INSERT APPROPRIATE NAME OF RECORDING AGENCY]. Said real property is also described as: [INSERT LEGAL DESCRIPTION.]

In accordance with 45 CFR 92.31, this property may not be mortgaged, used as collateral, sold, leased, or otherwise transferred, or its title encumbered, without the prior written permission of the Administration for Children and Families, Department of Health and Human Services. There is a prohibition against the use of this property during its useful life for other than the purpose for which the property was financed for or for any purpose inconsistent with that authorized by the Child Care and Development Block Grant Act and applicable regulations. These grant conditions and requirements cannot be altered or nullified through a transfer of ownership. Further information as to the Federal Government's interests referred to above can be obtained from the Administration for Children and Families, 370 L'Enfant Promenade, S.W., Washington, D.C. 20024.

This Notice of Federal Interest was completed by [NAME, TITLE, SIGNATURE] on [DATE].

Appendix D: Application of Title III (Public Accommodations) of the Americans with Disabilities Act (ADA) to the Tribes

In a long awaited decision, the 11th Circuit Court of Appeals ruled on February 3, 1999, in Florida Paraplegic Association, Inc. v. Miccosukee Tribe of Indians of Florida, that while Title III of the Americans with Disabilities Act (ADA), (the part that applies to public accommodations) does apply to the tribes, tribal sovereign immunity prevents the filing of individual lawsuits against tribes. However, the court also ruled that the Attorney General for the United States can pursue an action against tribes failing to comply with the ADA.¹

This lawsuit was filed by the Florida Paraplegic Association and the Association for Disabled Americans. They alleged that the Miccosukee Indian Tribe's restaurant and entertainment facility was in violation of Title III of the ADA because the handicapped parking was inadequate, the bathrooms were not properly equipped, the ramps were too steep, etc. The tribe argued it was immune from such a lawsuit.

The appeals court first found that the ADA did apply to the tribes: they decided that the ADA is a general law and as such it is presumed to govern the tribes unless certain conditions are met which were not met here. However, it also found that the tribes were immune from private suit, because tribal sovereign immunity is never to be abrogated unless it is eliminated in unmistakably clear and explicit language which was not done in the drafting of the ADA.

Nonetheless, according to this court decision, tribes must still comply with Title III of the Americans with Disabilities Act (ADA). This is because the ADA allows the United States Attorney General (AG) to bring suit against "any person or group of persons...engaged in a pattern or practice of discrimination" and tribal sovereign immunity does not bar suits by the United States.

Cases brought by the Attorney General are for pattern or practice discrimination or cases of general public importance; the Attorney General does not file lawsuits in every case in which a private litigant could file a lawsuit. Also, by contrast with private lawsuits which include no monetary damages, lawsuits by the AG can result in fines (up to $50,000 for the first violation and up to $100,000 for subsequent violations), as well as compensatory damages for the individual if requested by the Department of Justice. Punitive damages are not available. In determining the amount of damages courts may take into consideration good faith efforts at compliance.

This was a case of first impression, meaning it was the first court decision to address the issue. The ruling is binding on the Eleventh Circuit which includes the states of Alabama, Florida and Georgia.

Prepared by: Abby J. Cohen
Child Care Law & Policy Consultant
5337 College Avenue, Suite 332
Oakland, CA 94618

¹A specific exclusion in Title I (which deals with employment) already had made clear that Indian Tribes are not considered employers under the ADA thereby excluding them from coverage for employment discrimination based on disability. (See 42 U.S.C. Section 12111(5)(B)(i)). (Return to text)

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