Gila River Indian Community, DAB No. 954 (1988)

DEPARTMENTAL GRANT APPEALS BOARD

Department of Health and Human Services

SUBJECT:  Gila River Indian Community

Docket No. 88-41
Audit Control No. A-09-87-05510
Decision No. 954

DATE: May 11, 1988

DECISION

Gila River Indian Community (Grantee) appealed a determination by the
Office of Human Development Services (OHDS) disallowing $110,557 with
respect to Grantee's Headstart program for the year ended September 30,
1986.  OHDS found that Grantee was in violation of 45 C.F.R. 1305.4
(1978), which requires that at least 90% of children enrolled in a
Headstart program be from low-income families.  The disallowance
represents the amount allocable to ineligible children beyond the 10%
allowed to participate in the program.

Similar disallowances for three earlier program years were appealed by
Grantee.  The Board sustained the disallowance in each case.  Gila River
Indian Community, DGAB No. 937, (1988); Gila River Indian Community,
DGAB No. 339 (1982); Gila River Indian Community, DGAB No. 264 (1982).
The Board concluded that 45 C.F.R. 1305.4 justified the disallowance,
and that Grantee should have known that a disallowance could be taken
for failure to comply with the regulation.  The Board further concluded
that ineligible children were properly allocated a proportionate share
of the program costs since all children benefitted equally in an
accounting sense from the costs.  The Board also found that fixed costs
were properly allocated to ineligible children, even if such costs would
have been incurred regardless of the number of children participating in
the program.  In addition, the Board rejected Grantee's argument that
the disallowance should be offset by the amount of its cash and in-kind
contributions.  The Board found that since such contributions did not
reduce the amount of federal funds used by Grantee, they could not be
used to offset the disallowance.  In DGAB No. 937, however, the Board
noted that Grantee's contributions may have covered costs which could
have been paid for with federal funds, and that OHDS had stated that it
was willing to pay allowable costs which Grantee did not charge to the
grant up to the amount of the award from funding made available by the
disallowance.

The parties agreed that, in view of the disposition of the prior
appeals, it would be appropriate for the Board to issue a summary
decision in this appeal which sustained the disallowance.  Accordingly,
based on the reasoning in the prior appeals, we sustain the disallowance
in the amount of $110,557.  OHDS's willingness in DGAB No. 937 to allow
additional costs not previously charged to the grant would presumably
extend to this case as well.


     ______________________ Cecilia Sparks Ford


     ______________________ Norval D. (John) Settle


 _____________________ Donald F. Garrett Presiding Board