Unit States Department of the interior

OFFICE OF THE SECRETARY
WASHINGTON, D.C. 20240

'Exhibit H

Honorable Sidney R. Yates

Chairman, Subcommittee on Interior

and Related Agencies

Committee on Appropriations
U.S. House of Representatives
Washington, D.C. 20515

Dear Mr. Yates:

Construction

SEPT 13:1990

Management (OCM) is requesting

The Office of
authorization to reprogram $387,500 under the Facilities
Improvement and Repair (FI&R) program of the Bureau of Indian
Affairs to cover renovation costs resulting from a fire at the
Mescalero School in Mescalero, New Mexico.

Funds to cover these costs will be made available from construction funds for juvenile detention centers authorized under the 1986 Anti-Drug Abuse Act (P.L. 99-570). During FY 1990, Planning of New Institutions (PONI) studies for the top ten ranked of these detention projects will be completed. However, designs for construction, which are contingent on the PONI results, will not be completed until FY 1991. Therefore, we will not be able to obligate funds during fiscal year 1990.

The Mescalero School, which provides grades kindergarten through sixth grade, is a public school. However, with the destruction of the facility by fire, and inability to restore the buildings through the public school district, the Mescalero Apache Tribe has assumed responsibility for the school facilities. As a result, the Tribe has invested its own funding toward restoration of the Tribal Community Center to allow the children to attend school and has requested funds from the BIA in the form of a grant for reimbursement of these renovation costs. This approach has been taken by the Tribe, particularly in view of the significant distance of the school from other public schools.

The Bureau's decision to assist in the facilities needs was based on the Tribe and public school district reaching an agreement to operate an accredited public school. It is expected that such an agreement will be forthcoming, and funding will not be used toward any operational activities normally funded by the school district. Reimbursement of funds applied toward renovations undertaken by the Tribe will enable the Tribe to provide classes during the upcoming school year.

This letter is being submitted in accordance with the arrangements and understanding the Department has with the House and Senate Committees on Appropriations with respect to reprogramming procedures. As provided under those procedures, we intend to proceed with this reprogramming unless we hear from you within 30 days in receipt of this letter.

An identical letter is being sent to the Honorable Robert C. Byrd, Chairman, Subcommittee on the Department of the Interior and Related Agencies, Committee on Appropriations, United States Senate.

Sincerely,

CC:

LOU GALLEGOS

Assistant Secretary

Policy, Management and Budget

Honorable Ralph Regula
Ranking Minority Member
Subcommittee on Interior
and Related Appropriations
House of Representatives
Washington, D.C.

20515

On September 13, 1990, the office of Construction Management
(OCM) requested authorization to reprogram $387,500 under the
Facilities Improvement and Repair (FI&R) program of the
Bureau of Indian Affairs (BIA) to cover renovation costs
resulting from a fire at the Mescalero School in Mescalero,
New Mexico (Enclosure). That letter stated that the Bureau's
decision to assist in the facilities needs was based on the
Tribe and public school district reaching an agreement to
operate an accredited public school.

This will bring the Committee up to date on events that have
transpired since our initial reprogramming request and
request further consideration of the reprogramming in view of
the situation as noted below.

Although efforts have been made toward an agreement between
the Mescalero Tribe and the Tularosa School Board, it
appears, at this time that such an agreement will not be
forthcoming. To address this situation, the Tribe has
procured a facility to accommodate the current 250 student
population and erected it in accordance with applicable
construction standards; established an academic program that
encompasses all State educational course requirements; and
has begun to undertake a required three phase process for
regional accreditation. A BIA Office of Indian Education
Programs (OIEP) evaluation of the academic program indicates
that education standards for the State of New Mexico are
being met. This has resulted in the Bureau requesting
funding in the FY 1992 President's budget for the Indian
School Equalization Program (ISEP) for the school. A BIA
safety and facilities management inspection has deemed the
facility acceptable for inclusion in the Bureau's inventory,
with the condition that the Tribe enlarge the water main to
the sprinkler system, which the Tribe has agreed to do.

The Tribal Council has been designated as the official school board and has hired a school administrator and teachers, all of whom, except a librarian, meet applicable state

licensure/certification.

The Tribe currently is faced with absorbing all costs for the school during this initial period. Recently, a catastrophic fire destroyed the Tribal timber saw mill, adding an additional financial burden. Furthermore, funds previously provided under the United States Department of Agriculture's Hot Lunch Program are no longer available to the school, given its status as a Private school. Additionally, other costs such as the replacement of textbooks from the fire damage must be incurred by the Tribe without assistance from other sources. Therefore, the Tribe is in need of the funding requested in the September 13, 1990 letter.

Given these circumstances, and as a result of the efforts being undertaken by the Tribe for State accreditation, further consideration of the September 13, 1990 reprogramming letter is being requested.

An identical letter is being sent to the Honorable Sidney R. Yates, Chairman, Subcommittee on Interior and Related Agencies, Committee on Appropriations, House of Representatives.