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Prior to the founding of Hobbs Straus, Jerry Straus was lead Washington, D.C. counsel in the first large scale case for the restoration of historic Indian land – the restoration of the 48,000 acre Blue Lake lands to the Taos Pueblo.

GENERAL MEMORANDUM 11-069

GENERAL MEMORANDUM 11-069
Labor-HHS-Education and Related Agencies FY 2011 Appropriations

In this Memorandum we report on the final funding levels for the FY 2011 Labor-Health and Human Services-Education and Related Agencies appropriations bill. It is included in the Department of Defense and Full-Year Continuing Appropriations Act (HR 1473, PL 112-10) which was signed into law April 15, 2011. PL 112-10 funds all federal agencies through the end of the fiscal year, September 30, 2011. There are no accompanying House, Senate, or Conference reports for FY 2011 appropriations. Federal agencies were instructed to file operating plans with Congress within 30 days of enactment regarding the allocation of FY 2011 funds.

Section 1119 of PL 112-10 imposes a 0.2 percent across-the-board funding reduction for domestic discretionary programs; however, the amounts that appear in the text of PL 112-10 do not reflect the reduction found in Section 1119 because Congress left it to the federal agencies to do the 0.2 percent reduction calculations. The FY 2011 enacted figures in this Memorandum include the 0.2 percent reduction as reported by the federal agencies in their operating plans.

PL 112-10 contains no funding earmarks and provides that any reference to earmarks in FY 2010 appropriations bills or FY 2010 accompanying reports have no effect with regard to FY 2011 funding.

We have listed the amounts requested by the Obama Administration for FY 2011 funding when the proposed budget was submitted in February 2010. During the year-long budget negotiations the Administration agreed, in many instances, to reductions to the amounts originally requested.

DEPARTMENT OF LABOR

Section 166 Program for Indian Tribes, Urban Indians, Hawaiians, and Samoans

FY 2010 Enacted $52.8 million
FY 2011 Admin. Request $55.0 million
FY 2011 Enacted $52.6 million

This program, authorized under the Workforce Investment Act of 1998 (WIA), provides formula grant funding to tribes and other Native American groups for employment, training, and related services activities. The FY 2011 funding is inconsistent with the WIA requirement that a minimum of $55 million is to be provided for the Section 166 program. The program year begins on July 1, 2011, and ends on June 30, 2012. One percent of the funds, $526,525, is reserved for technical assistance.

Supplemental Youth Services

FY 2010 Enacted $924.1 million
FY 2011 Admin. Request $1.025 billion
FY 2011 Enacted $825.9 million

Youth Activities, authorized by the WIA, consolidates the Summer Youth Employment and Training Program under JTPA Title II–B, and Youth Training Grants under JTPA Title II–C. Tribes will receive 1.5 percent of the funds, or $12,388,708. This is a reduction of 10.6 percent ($1,472,327) below program year 2010.

Tribal New (Native Employment Works) Program

Tribes receive funding under the NEW program as a capped entitlement program at $7.6 million annually. The NEW program replaced the JOBS authorization in the welfare reform law (PL 104-193).

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Native Americans (ANA)

FY 2010 Enacted $48.8 million
FY 2011 Admin. Request $48.8 million
FY 2011 Enacted $48.6 million

Low-Income Home Energy Assistance Program

FY 2010 Enacted $5.1 billion
FY 2011 Admin. Request $3.3 billion
FY 2011 Enacted $4.7 billion

Head Start
FY 2010 Enacted $7.23 billion
FY 2011 Admin. Request $8.22 billion
FY 2011 Enacted $7.56 billion

The total Head Start amount includes funding for Early Head Start. Tribes share a 13 percent allocation of the Head Start total with the territories, migrant workers, and disabled children. The reauthorization provided that Indian Head Start programs would receive at least the previous year's funding (Head Start and Early Head Start combined) plus inflation.

Child Care and Development Block Grant

Discretionary Funds:
FY 2010 Enacted $2.13 billion
FY 2011 Admin. Request $2.93 billion
FY 2011 Enacted $2.22 billion

FY 2010 Entitlement Funds $2.9 billion
FY 2011 Entitlement Funds $3.7 billion

Tribes receive by statute not less than one percent and not more than two percent of the combined total of discretionary and entitlement funds under the Child Care and Development Block Grant. Tribes should receive approximately $118 million in FY 2011 funds.

Promoting Safe and Stable Families Program (Title IV-B, Subpart 2)

FY 2010 Enacted $345 million mandatory and $63.3 million discretionary funds
FY 2011 Admin. Request $345 million mandatory and $63.3 million discretionary funds
FY 2011 Enacted $345 million mandatory and $63.2 million discretionary funds

Tribes and tribal consortia receive a three percent statutory allocation of the mandatory and discretionary funds, for a FY 2011 total of approximately $12 million.

Child Welfare (Title IV-B, subpart 1)

FY 2010 Enacted $281.7 million
FY 2011 Admin. Request $281.7 million
FY 2011 Enacted $281.2 million

Although the statute does not specify a percentage or amount of funding for tribes, tribes receive formula funds under this program which is authorized under Title IV-B, Subpart 1 of the Social Security Act. Tribes expect to receive approximately $5.5 million from this program in FY 2011.

Child Welfare Training

FY 2010 Enacted $7.2 million
FY 2011 Admin. Request $7.2 million
FY 2011 Enacted $7.1 million

Foster Care Initiative

There is $20 million for a new foster care initiative. Funding will be for innovative strategies that improve outcomes for children in long-term foster care. Funding is under the Child Welfare Training and Demonstrations Account and is in addition to the $7.1 million above.

Kinship Guardianship

FY 2010 $56 million
FY 2011 Projected $83 million

The Kinship Guardianship program, authorized under Title IV-E of the Social Security Act, first became available in FY 2009. It provides subsidies to a relative taking legal guardianship of a child for whom being returned home or adoption are not appropriate permanency options. Funding is on an entitlement basis.
Tribes directly administering the Title IV-E Foster Care and Adoption Assistance programs would be eligible to offer Kinship Guardianship payments; or a tribe which has an IV-E agreement with a state might be able to access such payments through the agreement.

Chaffe Foster Care Independent Living Program

FY 2010 Enacted $140 million
FY 2011 Admin. Request $140 million
FY 2011 Enacted $140 million

Authorized under Title IV-E of the Social Security Act, the Independent Living program provides funding to assist youth who are aging out of foster care. It is a capped entitlement program, with most funds being provided to states via formula. The Fostering Connections to Success and Increasing Adoptions Act (PL 110-35l, signed in 2008) authorized tribes with an approved Title IV-E plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Independent Living funds to serve tribal youth. Currently the Prairie Band of Potawatomi, Santee Sioux Nation, Confederated Tribes of Warm Springs, and Port Gamble S'Klallam Tribe receive these funds.

Education and Training Vouchers for Youth Leaving Foster Care

FY 2010 Enacted $45.4 million
FY 2011 Admin. Request $45.4 million
FY 2011 Enacted $45.3 million

This program, authorized under the Safe and Stable Families Amendments of 2001 (PL 107-133), provides vouchers for college or vocational/technical training for youth who age out of the foster care system. States may allow youth to participate in the voucher program up to age 23, and the maximum voucher amount is $5,000 per year. States receive funding according to their proportion of youth in foster care. The Foster Care Independence Act requires states to provide services to Indian youth aging out of foster care and to consult with tribes on these services.

The Fostering Connections to Success and Increasing Adoptions Act (PL 110-35l, signed in 2008) authorized tribes with an approved Title IV-E Foster Care and Adoption Assistance plan or a Title IV-E tribal/state agreement to receive directly from HHS a portion of the state's Education and Training Voucher funding to serve tribal youth. Currently the Prairie Band of Potawatomi, Confederated Tribes of Warm Springs, and Port Gamble S'Klallam Tribe receive these funds.

Mentoring Children of Prisoners

FY 2010 Enacted $49.3 million
FY 2011 Admin. Request $49.3 million
FY 2011 Enacted –0–

The Safe and Stable Families Act authorized a mentoring program for children whose parent(s) is (are) incarcerated. Applicants were required to consult, to the extent appropriate, with various public and private entities including tribes and urban Indian organizations.

Under this program a national mentoring support organization received funds to identify children of prisoners who need mentoring services. The organization was to place a priority on identifying children who reside in an area not served by a recipient of a Mentoring Children of Prisoners Grant, who reside in an area that has a substantial number of children or prisoners, and/or reside in a rural area or who are Indian.

The remaining funds were awarded competitively, and tribes were among the eligible applicants.

Community Services Block Grant (CSBG)

FY 2010 Enacted $700 million
FY 2011 Admin. Request $700 million
FY 2011 Enacted $678 million

In FY 2010 tribes received $5 million from the CSBG program; there were 56 tribal grantees.

Battered Women's Shelters

FY 2010 Enacted $130.0 million
FY 2011 Admin. Request $140.0 million
FY 2011 Enacted $129.8 million

Tribes receive ten percent of funds from the Battered Women's Shelter program, which is authorized in the Family Violence Prevention and Services Act. These funds, which are distributed through a formula, are used primarily for counseling, advocacy, and self-help services for victims and their children.

Administration on Aging

FY 2010 Enacted $1.52 billion
FY 2011 Admin. Request $1.62 billion
FY 2011 Enacted $1.49 billion

Within the total are the following Native-specific funding:
• $27.7 million for formula grants for tribes and Native Hawaiian organizations. Funding is for services for the elderly including transportation, nutrition, and health screening. The Administration requested $29.7 million.
• $6.4 million for competitive grants to tribes for the Native American Caregiver Support Program. Funds are to assist tribes in providing support services for family caregivers as well as for grandparents caring for grandchildren. The Administration requested $8.4 million.
• $692,000 for a National Resource Center on Native Americans.

Substance Abuse and Mental Health Services Administration (SAMHSA)

FY 2010 House $3.43 billion
FY 2011 Admin. Request $3.54 billion
FY 2011 Enacted $3.38 billion

Under the mental health programs, the Act provides the following:
• Programs of Regional and National Significance: $350 million
• Mental Health Block Grant: $399 million
• Children's Mental Health Services: $118 million
• Protection and Advocacy Program: $36.3 million
• American Indian Suicide Prevention: $2.9 million (request was $5.9 million)
Under the substance abuse programs, the Act provides the following:
• Substance Abuse Treatment Programs of Regional and National Significance: $444 million
• Substance Abuse Prevention and Treatment Block Grant: $1.78 billion
• Substance Abuse Prevention Activities of Regional and National Significance: $195 million.

Health Resources and Services Administration (HRSA)

FY 2010 Enacted $7.49 billion
FY 2011 Admin. Request $7.61 billion
FY 2011 Enacted $6.27 billion

National Health Service Corps
FY 2010 Enacted $141.9 million
FY 2011 Admin. Request $168.6 million
FY 2011 Enacted $314.8 million ($290 million is from the
Affordable Care Act)

Community Health Centers
FY 2010 Enacted $2.19 billion
FY 2011 Admin. Request $2.43 billion
FY 2011 Enacted $2.58 billion ($14.4 million is for Native
Hawaiian Health Care; $1 billion is from the Affordable Care Act)

Nurse Loan Repayment Program for Shortage Area Service
FY 2010 Enacted $93.9 million
FY 2011 Admin. Request $93.9 million
FY 2011 Enacted $93.3 million

This program repays student loans for nurses in exchange for their working at least two years in an Indian Health Service health center, Native Hawaiian health center, public hospital, community or migrant health center, or rural health clinic.
Centers of Excellence
FY 2010 Enacted $24.6 million
FY 2011 Admin. Request $24.6 million
FY 2011 Enacted $24.5 million

Centers of Excellence funds are designed to strengthen the capacity of institutions that train a significant number of minority health professionals.

Rural Outreach Grants
FY 2010 Enacted $56.0 million
FY 2011 Admin. Request $57.3 million
FY 2011 Enacted $55.7 million

Rural Outreach Grants provide resources for new and innovative delivery of health services in rural areas, including telemedicine projects.

Area Health Education Centers
FY 2010 Enacted $33.3 million
FY 2011 Admin. Request $33.3 million
FY 2011 Enacted $33.1 million

Health Careers Opportunity Program
FY 2010 Enacted $22.1 million
FY 2011 Admin. Request $22.1 million
FY 2011 Enacted $21.9 million

Funding is for medical and other health professions schools for recruitment of disadvantaged students and pre-professional school preparations.

Telehealth Program

FY 2010 Enacted $11.6 million
FY 2011 Admin. Request $11.6 million
FY 2011 Enacted $11.5 million

Ryan White AIDS Programs
FY 2010 Enacted $2.23 billion
FY 2011 Admin. Request $2.33 billion
FY 2011 Enacted $2.33 billion

Denali Commission
FY 2010 Enacted $10.0 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–
Funding for the Denali Commission in Alaska was for the construction and renovation of health clinics, hospitals, and social service facilities, as authorized by PL 106-113, the FY 2002 Omnibus Appropriations Act.

Health Care-Related Facilities and Activities
FY 2010 Enacted $338 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

Much of the funds under this program were earmarked for specific projects.

Maternal, Infant, and Childhood Home Visiting Programs. The Affordable Care Act created a new entitlement program under Title V of the Social Security Act (Maternal and Child Health Services) for home visits to families with young children or who are expecting children and live in communities at risk for poor maternal and child health. For the fiscal years 2010-2014, a total of $1.5 billion is appropriated (not merely authorized) for this program. The Act makes tribes, tribal organizations and urban Indian organizations eligible to apply for grants under this program and reserves three percent of funds for grants to those entities (or consortia thereof). The Indian set-aside is valued at $45 million over the five-year period. A grant recipient will be required to conduct a needs assessment and to develop a program with measurable three-year and five-year benchmarks for demonstrating improvement in several areas, including improved maternal and newborn health and prevention of child abuse and neglect.

For FY 2011 there is $250 million for this program; the Indian allocation will be
$7.5 million.

DEPARTMENT OF EDUCATION

Title I, Education for the Disadvantaged

Basic Grants to Local Education Agencies (program level)
FY 2010 Enacted $6.59 billion
FY 2011 Admin. Request $6.59 billion
FY 2011 Enacted $6.58 billion

The Bureau of Indian Education (BIE)-funded schools and territories share a one percent allocation from the Title I basic and concentration grants. The BIE reported in its FY 2011 budget justification that in School Year 2009-2010 (SY09–10), BIE schools received $101.1 million in Title I funds.

Concentration Grants
FY 2010 Enacted $1.36 billion
FY 2011 Admin. Request $1.36 billion
FY 2011 Enacted $1.36 billion

School Improvement Grants
FY 2010 Enacted $545.6 million
FY 2011 Admin. Request $900.0 million
FY 2011 Enacted $534.5 million

Funds are provided to states and local educational agencies (LEA's) for use at the lowest performing schools according to student achievement results to implement one of four specific intervention models (e.g., Turnaround, Restart, School Closure, and Transformation).

Striving Readers
FY 2010 Enacted $200 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

The FY 2010 appropriations Act provided a large funding increase in order to overhaul the Striving Readers program into a comprehensive literacy program that provides services to all students from birth through 12th grade. There is a 0.5 percent set-aside for BIE-funded schools. The Administration proposed no separate funding for Striving Readers in lieu of a new Effective Teaching and Learning: Literacy program described under School Improvement Programs.

Even Start
FY 2010 Enacted $66.5 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

Even Start is a unified family literacy program that combines early childhood education, parenting instruction, and adult education components. The set-aside for migrants and Native Americans is six percent if appropriations for the program reach $200 million (five percent if less). The Administration proposed no separate funding for Even Start in lieu of a new Effective Teaching and Learning: Literacy program described under School Improvement Programs.

Improving Literacy Through School Libraries
FY 2010 Enacted $19.1 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

This program provides grants to school libraries to update its materials and/or technology in the media center, or to provide well-trained/certified media specialists. The BIE-system schools receive 0.5 percent of the appropriated funds. In SY09–10, the BIE schools received $95,725.

High School Graduation Initiative
FY 2010 Request $50.0 million
FY 2010 Enacted $50.0 million
FY 2011 Enacted $48.9 million

This competitive grants program provides funds to LEAs for comprehensive approaches that seek to improve high school graduation rates through prevention and reentry systems for students at risk of not graduating, especially at high schools and their feeder schools with particularly low rates of graduation.

Impact Aid
Basic Support Payments (Section 8003(b))
FY 2010 Enacted $1.14 billion
FY 2011 Admin. Request $1.14 billion
FY 2011 Enacted $1.13 billion

This account includes funding for Heavily Impacted Districts (Section 8003(f)).

Payments for Children with Disabilities (Section 8003(d))
FY 2010 Enacted $48.6 million
FY 2011 Admin. Request $48.6 million
FY 2011 Enacted $48.5 million

Federal Property (Section 8002)
FY 2010 Enacted $67.2 million
FY 2011 Admin. Request $67.2 million
FY 2011 Enacted $67.0 million

Facilities Maintenance (Section 8008)
FY 2010 Enacted $4.8 million
FY 2011 Admin. Request $4.8 million
FY 2011 Enacted $4.8 million

Construction and Renovation (Section 8007)
FY 2010 Enacted $17.5 million
FY 2011 Admin. Request $17.5 million
FY 2011 Enacted $17.4 million

School Improvement Programs

State Grants for Improving Teacher Quality
FY 2010 Enacted $2.95 billion
FY 2011 Admin. Request –0–
FY 2011 Enacted $2.46 billion

These funds are provided to states and schools to help them attain the No Child Left Behind Act (NCLBA) goal that all teachers be highly qualified. States are authorized to retain 2.5 percent of funds for state activities, changes to teacher certification or licensure requirements, alternative certification, tenure reform, merit-based teacher performance systems, differential and bonus pay for teachers in high-need subject areas, and professional development programs for principals. Local uses of funds include professional development, class size reduction, recruitment and retraining of teachers and principals, merit pay, mentoring, and other activities. The NCLBA reserves 0.5 percent of the funds for this program for BIE-funded schools. In SY09–10, the BIE schools received $14.6 million.

Math and Science Partnerships
FY 2010 Request $178.9 million
FY 2010 Enacted $180.5 million
FY 2011 Enacted $175.1 million

This program provides formula grants to partnerships of state educational agencies, higher education institutions, and school districts to improve academic achievement in mathematics and science through strong teaching skills for elementary and secondary school teachers. Funds may be used to develop rigorous mathematics and science curricula, distance learning programs, and incentives to recruit college graduates holding math and science degrees into the teaching profession.

Twenty-First Century Community Learning Centers
FY 2010 Enacted $1.17 billion
FY 2011 Admin. Request $1.17 billion
FY 2011 Enacted $1.15 billion

The 21st Century Community Learning Centers program enables communities to create or expand centers that provide activities offering significant extended learning opportunities, such as before- and after-school programs for students, and related services to their families. Centers must target services to students who attend schools that are eligible to operate a school-wide program under Title I of the Elementary and Secondary Education Act or that serve high percentages of students from low-income families. Up to one percent of program funding is allocated to the BIA and outlying areas. In SY09–10, the BIE schools received $8.1 million from this program.

Educational Standards and Assessment
FY 2010 Enacted $410.7 million
FY 2011 Admin. Request $450.0 million
FY 2011 Enacted $389.9 million

Funding is distributed by formula to states and the BIA for the development and/or improvement of educational assessments and standards. The BIA will receive 0.5 percent of these funds ($2 million in SY09–10).

Gifted and Talented
FY 2010 Enacted $7.4 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

This program awarded discretionary grants to states, LEAs, institutions of higher education, and public and private entities to support the needs of gifted and talented elementary and high school students.

Alaska Native Education Equity Assistance Program
FY 2010 Enacted $33.3 million
FY 2011 Admin. Request $33.3 million
FY 2011 Enacted $33.2 million

Rural Education
FY 2010 Enacted $174.9 million
FY 2011 Admin. Request $174.9 million
FY 2011 Enacted $174.5 million

Rural education funding, authorized under Title VI-B of the Elementary and Secondary Education Act, is divided equally between the Small, Rural School Achievement Program and the Rural and Low-Income School Program, under which the BIA-system schools receive 0.5 percent. These funds are provided to small schools that do not qualify for the Achievement program and have a child poverty rate of at least 20 percent. Under both programs, schools are able to consolidate various federal education funds. However, if schools do not meet progress goals within three years, the rural education funds must be used for Title I school improvement activities. In SY09–10, the BIE schools received $433,455 in Rural Education funds.

Indian Education Act

FY 2010 Enacted $127.3 million
FY 2011 Admin. Request $127.3 million
FY 2011 Enacted $127.0 million

The Administration proposed level funding of the Indian Education accounts. The allocations at the request level are: Grants to LEAs ($104.1 million), Special Programs for Indian Children ($19.02 million) and National Activities ($3.88 million) which funds research that focuses on filling the gaps in national information on the educational status and needs of Indians, identifying educational practices that are effective with Indian students, and technical assistance to public school districts that receive Indian Education grants. In SY09–10, the BIE schools received $2.89 million in Title VII Indian Education Act funds.

Innovation and Improvement

Teacher Incentive Fund (TIF)
FY 2010 Enacted $400.0 million
FY 2011 Admin. Request $800.0 million
FY 2011 Enacted $399.2 million

The Teacher Incentive Fund (TIF) provides formula grants to reward effective teachers and create incentives to attract qualified teachers to high-need schools and provides competitive grants to design and implement performance-based compensation systems.

School Leadership
FY 2010 Enacted $29.2 million
FY 2011 Admin. Request $79.2 million
FY 2011 Enacted $29.1 million

The funds are for high-need local education agencies (LEAs) to develop, or enhance innovative programs that recruit, train, and provide support for individuals currently serving as principals (including assistant principals) and/or seeking to become principals.
Charter Schools Grants
FY 2010 Enacted $256 million
FY 2011 Admin. Request $310 million
FY 2011 Enacted $255 million

This program funds "effective charter and other effective autonomous schools; providing resources to States and districts in implementing comprehensive systems of choice that improve public school options for students; and supporting the development and implementation of parent information and outreach programs." (F-91)

Safe Schools and Citizenship Education

Promise Neighborhoods
FY 2010 Enacted $ 10 million
FY 2011 Admin. Request $ 210 million
FY 2011 Enacted $29.9 million

The Promise Neighborhoods program provides competitive one-year planning grants and five-year implementation grants to community-based organizations for the development and implementation of comprehensive neighborhood programs that address the needs of children in distressed communities. The program includes tribal communities under Absolute Priority 3.

Elementary and Secondary School Counseling
FY 2010 Enacted $55 million
FY 2011 Admin. Request –0–
FY 2011 Enacted $52 million

Carol E. White PE for Progress
FY 2010 Enacted $ 79 million
FY 2011 Admin. Request –0–
FY 2011 Enacted $78.8 million

Civic Education
FY 2010 Enacted $35.0 million
FY 2011 Admin. Request –0–
FY 2011 Enacted $1.15 million

All funds are allocated for the Cooperative Education Exchange program. In FY 2010, there was nearly $13.4 million for this program, which was comprised of funds for the Center for Civic Education and the National Council on Economic Education. No funds are provided for the We the People program (funded at $21.6 million in FY 2010; including $2.9 million for the comprehensive education program on democratic institutions).

English Language Acquisition Grants

FY 2010 Enacted $ 750 million
FY 2011 Admin. Request $ 800 million
FY 2011 Enacted $733.5 million
This program provides formula grants for services to limited English proficient students and professional development for teachers. The statute allocates 0.5 percent or $5 million, whichever is greater, of the language acquisition funds for BIE system schools and other tribal, Native Hawaiian, and Pacific Islander entities for programs in schools that serve predominantly Native American children.

Individuals with Disabilities Education Act (IDEA)

State Grants and Indian Allocation
FY 2010 Enacted $11.50 billion
FY 2011 Admin. Request $11.75 billion
FY 2011 Enacted $11.48 billion

Funding is provided through Part B Section 611(a) grants to BIE-system schools for supplemental services to disabled children between the ages of 5 and 21. In SY09–10, the BIE schools received $73.6 million under this program.

Formula funding is provided to tribes with BIE-system schools through Part B Section 611(3) grants. The funds are used to assist State Education Agencies in the provision of special education and related services to children with disabilities between the ages of three and five years. Based on the FY 2010 appropriation, the estimated tribal preschool amount would be $18.3 million (with the 0.2 percent reduction).

IDEA, Part C, Grants for Infants and Families
FY 2010 Enacted $439.4 million
FY 2011 Admin. Request $439.4 million
FY 2011 Enacted $438.5 million

Tribes with BIE schools on their lands are eligible for formula funding under this program to coordinate state early intervention services to families whose infants and toddlers have disabilities. The FY 2011 budget request estimated the tribal set-aside would be $5.4 million.

Pre-School Grants
FY 2010 Enacted $374.1 million
FY 2011 Admin. Request $374.1 million
FY 2011 Enacted $373.3 million

These are additional funds for states to provides services for children ages 3-5 with disabilities.

Vocational Rehabilitation

State Grants
FY 2010 Enacted $3.08 billion
FY 2011 Admin. Request $3.14 billion
FY 2011 Enacted $3.08 billion

Tribes receive an allocation of one to 1.5 percent ($38 million FY 2011) from the amount appropriated for Basic State Grants which are awarded competitively.

Career and Technical Education

Basic State Grants
FY 2010 Enacted $1.16 billion
FY 2011 Admin. Request $1.26 billion
FY 2011 Enacted $1.12 billion

Tribes and tribal organizations receive a 1.25 percent allocation of basic state grants, which equals $15.75 million in FY 2011. The tribal vocational education grants are awarded competitively.

Tech-Prep Education (State Grants)
FY 2010 Enacted $102.9 million
FY 2011 Admin. Request –0–
FY 2011 Enacted –0–

The BIE-funded schools and tribal colleges were eligible to apply for Tech-Prep grants, which were used to establish four-year vocational/academic programs comprised of two years of high school and two years of college.

Higher Education

Tribally Controlled Postsecondary Career and Technical Institutions
FY 2010 Enacted $8.16 million
FY 2011 Admin. Request $8.16 million
FY 2011 Enacted $8.14 million

These funds are awarded to United Tribes Technical College and Navajo Technical College.

Strengthening Alaska Native and Native Hawaiian-Serving Institutions
FY 2010 Enacted $15.1 million
FY 2011 Admin. Request $15.8 million
FY 2011 Enacted $13.4 million, plus $15 million in mandatory
funding per HEA III-F, Sec. 371.

These funds are distributed to colleges serving at least 20 percent Alaska Native or ten percent Native Hawaiian students.

Strengthening Tribal Colleges
FY 2010 Enacted $30.2 million
FY 2011 Admin. Request $31.7 million
FY 2011 Enacted $26.8 million, plus $30 million in mandatory
funding per HEA III-F, Sec. 371.

In FY 2010, it was stipulated that funding priority be given to continuation grants and planning/development grants.

Strengthening Native American Non-Tribal Institutions
FY 2010 Enacted $3.6 million
FY 2011 Admin. Request $3.7 million
FY 2011 Enacted $3.1 million, plus $5 million in mandatory
funding per HEA III-F, Sec. 371.

Fund for the Improvement of Postsecondary Education (FIPSE)
FY 2010 Enacted $159.4 million
FY 2011 Admin. Request $ 64.0 million
FY 2011 Enacted $ 19.6 million

Much of the funding under this program was earmarked for specific projects.

TRIO Programs
FY 2010 Enacted $ 853 million
FY 2011 Admin. Request $ 853 million
FY 2011 Enacted $826.5 million

The Operating Plan does not provide line item details to reflect reductions to specific TRIO programs. The FY 2011 budget justification had reported that at the higher request level, the TRIO programs would be as follows: Upward Bound discretionary ($306.9 million); Upward Bound Math-Science ($35 million); Upward Bound mandatory ($57 million); Educational Opportunity Centers ($46.8 million); Student Support Services ($301 million); the Ronald D. McNair Post-Baccalaureate Achievement Program ($47.6 million); Talent Search ($142 million); Staff Training ($3.4 million); Administration/Peer Review ($3.9 million), and Evaluation ($1.5 million).

GEAR UP
FY 2010 Enacted $ 323 million
FY 2011 Admin. Request $ 323 million
FY 2011 Enacted $302.8 million

The Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP), authorized under the Higher Education Act Amendments of 1998, is designed to help low-income elementary and secondary school students become college-ready.

Teacher Quality Partnership Grants
FY 2010 Enacted $ 43 million
FY 2011 Admin. Request –0–
FY 2011 Enacted $42.9 million

This program, authorized under Title II of the Higher Education Act Amendments of 1998, provides grants to states for teacher preparation and recruitment.

Campus-Based Child Care
FY 2010 Enacted $16 million
FY 2011 Admin. Request $16 million
FY 2011 Operating Plan $16 million

Among the eligible applicants for the program are tribal colleges.

CORPORATION FOR PUBLIC BROADCASTING

Funding for the Corporation for Public Broadcasting (CPB) is provided two years in advance. The FY 2011 appropriations bill will provide FY 2013 CPB core funding, most of which is distributed via a statutory formula to public television and radio stations. Efforts among some conservative Republicans to not fund public broadcasting failed.

FY 2012 Enacted $445 million
FY 2013 Request $460 million
FY 2013 Enacted $445 million

Five minority public broadcasting organizations collectively called the National Minority Consortia — Native American Public Telecommunications; Pacific Islanders in Communications; National Black Programming Consortium; Latino Public Broadcasting; and the Center for Asian American Media — receive operational and programming funds through the CPB budget.

Others who receive funding from the CPB include public and community radio stations, a number of which are Native-owned, and the Independent Television Service.

Please let us know if we may provide further information or assistance regarding FY 2011 Labor-HHS-Education and Related Agencies appropriations.

# # #

Inquiries may be directed to:
Karen Funk (kfunk@hobbsstraus.com)
Marie Osceola-Branch (mosceola-branch@hobbsstraus.com)

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