Office of Tribal Self-Governance Negotiation Cooperative Agreement

The summary for the Office of Tribal Self-Governance Negotiation Cooperative Agreement grant is detailed below. This summary states who is eligible for the grant, how much grant money will be awarded, current and past deadlines, Catalog of Federal Domestic Assistance (CFDA) numbers, and a sampling of similar government grants. Verify the accuracy of the data provides by visiting the webpage noted in the Link to Full Announcement section or by contacting the appropriate person listed as the Grant Announcement Contact. If any section is incomplete, please visit the website for the Indian Health Service, which is the U.S. government agency offering this grant.
Office of Tribal Self-Governance Negotiation Cooperative Agreement: The purpose of this Negotiation Cooperative Agreement is to provide Tribes with resources to help defray the costs associated with preparing for and engaging in Tribal Self-Governance Program (TSGP) negotiations. TSGP negotiations are a dynamic, evolving, and tribally-driven process that requires careful planning, preparation and sharing of precise, up-to-date information by both Tribal and Federal parties. Because each Tribal situation is unique, a Tribe's successful transition into the TSGP, or expansion of their current program, requires focused discussions between the Federal and Tribal negotiation teams about the Tribe's specific health care concerns and plans. One of the hallmarks of the TSGP is the collaborative nature of the negotiations process, which is designed to: 1) enable a Tribe to set its own priorities when assuming responsibility for Indian Health Service (IHS) Programs, Services, Functions, and Activities (PSFAs); 2) observe and respect the Government-to-Government relationship between the U.S. and each Tribe; and 3) involve the active participation of both Tribal and IHS representatives, including the Office of Tribal Self-Governance (OTSG). Negotiations are a method of determining and agreeing upon the terms and provisions of a Tribe's Compact and Funding Agreement (FA), the implementation documents required for the Tribe to enter into the TSGP. The Compact sets forth the general terms of the Government-to-Government relationship between the Tribe and the Secretary of the U.S. Department of Health and Human Services (HHS). The FA: 1) describes the length of the agreement (whether it will be annual or multi-year); 2) identifies the PSFAs, or portions thereof, the Tribe will assume; 3) specifies the amount of funding associated with the Tribal assumption; and 4) includes terms required by Federal statute and other terms agreed to by the parties. Both documents are required to participate in the TSGP and they are mutually negotiated agreements that become legally binding and mutually enforceable after both parties sign the documents. Either document can be renegotiated at the request of the Tribe. The negotiations process has four major stages, including: 1) planning; 2) pre-negotiations; 3) negotiations; and 4) post-negotiations. Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) requires that a Tribe or Tribal organization complete a planning phase to the satisfaction of the Tribe. The planning phase must include legal and budgetary research and internal Tribal Government planning and organizational preparation relating to the administration of health care programs. See 25 U.S.C. §5383(d). The planning phase is critical to negotiations and helps Tribes make informed decisions about which PSFAs to assume and what organizational changes or modifications are necessary to support those PSFAs. A thorough planning phase improves timeliness and efficient negotiations and ensures that the Tribe is fully prepared to assume the transfer of IHS PSFAs to the Tribal health program.During pre-negotiations, the Tribal and Federal negotiation teams review and discuss issues identified during the planning phase. Pre-negotiations provide an opportunity for the Tribe and the IHS to identify and discuss issues directly related to the Tribe's Compact, FA and Tribal shares. They may take the form of a formal meeting or a series of informal meetings or conference calls. In advance of final negotiations, the Tribe should work with the IHS to secure the following: 1) program titles and descriptions; 2) financial tables and information; 3) information related to the identification and justification of residuals; and 4) the basis for determining Tribal shares (distribution formula). The Tribe may also wish to discuss financial materials that show estimated funding for next year, and the increases or decreases in funding it may receive in the current year, as well as the basis for those changes. Having reviewed the draft documents and funding tables, at final negotiations both negotiation teams work together in good faith to determine and agree upon the terms and provisions of the Tribe's Compact and FA. Negotiations are not an allocation process; they provide an opportunity to mutually review and discuss budget and program issues. As issues arise, both negotiations teams work through the issues to reach agreement on the final documents. There are various entities involved throughout the negotiations process. For example, a Tribal government selects its representative(s) for negotiations and the Tribal negotiations team, which may include a Tribal leader from the governing body, a Tribal health director, technical and program staff, legal counsel, and other consultants. Regardless of the composition of the Tribal team, Tribal representatives must have decision making authority from the Tribal governing body to successfully negotiate and agree to the provisions within the agreements. The Federal negotiations team is led by the Area Lead Negotiator (ALN) and may include area and headquarters staff, including staff from the OTSG, the Office of Finance and Accounting, and the Office of the General Counsel. The ALN is the only member of the Federal negotiations team with delegated authority to negotiate on behalf of the IHS Director. The ALN is the designated official that provides Tribes with Self-Governance information, assists Tribes in planning, organizes meetings between the Tribe and the IHS, and coordinates the Agency's response to Tribal questions during the negotiations process. The ALN role requires detailed knowledge of the IHS, awareness of current policy and practice, and understanding of the rights and authorities available to a Tribe under Title V of the ISDEAA. In post-negotiations, after the Compact, FA and all negotiations are complete, the documents are signed by the authorizing Tribal official and submitted to the ALN who reviews the final package to ensure each document accurately reflects what was negotiated. Once the ALN completes this review, then the final package is submitted to the OTSG to be prepared for the IHS Director's signature, provided that no outstanding issues delay or prevent signature. After the Compact and FA have been signed by both parties, they become legally binding and enforceable agreements. A signed Compact and FA are necessary for the payment process to begin. The negotiating Tribe then becomes a "Self-Governance Tribe" and a participant in the TSGP.Acquiring a Negotiation Cooperative Agreement is not a prerequisite to enter the TSGP. A Tribe may use other resources to develop and negotiate its Compact and FA. See 42 CFR § 137.26. Tribes that receive a Negotiation Cooperative Agreement are not obligated to participate in Title V and may choose to delay or decline participation or expansion in the TSGP.
Federal Grant Title: Office of Tribal Self-Governance Negotiation Cooperative Agreement
Federal Agency Name: Indian Health Service (HHS-IHS)
Grant Categories: Health
Type of Opportunity: Discretionary
Funding Opportunity Number: HHS-2019-IHS-TSGN-0001
Type of Funding: Cooperative Agreement
CFDA Numbers: 93.444
CFDA Descriptions: Information not provided
Current Application Deadline: October 23rd, 2019
Original Application Deadline: October 23rd, 2019
Posted Date: August 13th, 2019
Creation Date: August 13th, 2019
Archive Date: November 22nd, 2019
Total Program Funding: $240,000
Maximum Federal Grant Award: $48,000
Minimum Federal Grant Award: $48,000
Expected Number of Awards: 5
Cost Sharing or Matching: No
Last Updated: August 13th, 2019
Applicants Eligible for this Grant
Native American tribal governments (Federally recognized) - Native American tribal organizations (other than Federally recognized tribal governments) - Others (see text field entitled "Additional Information on Eligibility" for clarification.)
Additional Information on Eligibility
To be eligible for the New Negotiation Cooperative Agreement under this announcement, an applicant must: A) Be an "Indian Tribe" as defined in 25 U. S. C. § 5304(e); a "Tribal Organization" as defined in 25 U.S.C. § 5304(l); or an "Inter-Tribal Consortium" as defined at 42 CFR §137.10. However, Alaska Native Villages or Alaska Native Village Corporations are not eligible if they are located within the area served by an Alaska Native regional health entity. See Consolidated Appropriations Act, 2014, Pub. L. No. 113-76 and Consolidated Appropriations Act, 2018, Pub. L. No. 115-141. By statute, the Native Village of Eyak, Eastern Aleutian Tribes, and the Council for Athabascan Tribal Governments have also been deemed Alaska Native regional health entities and therefore are eligible to apply. Those Alaska Tribes not represented by a Self-Governance Tribal consortium FA within their area may still be considered to participate in the Tribal Self-Governance Program (TSGP).B) Applicant must request participation in self-governance by resolution or other official action by the governing body of each Indian tribe to be served. Please see IV. Application and Submission Information, 2. Content and Form Application Submission, Additional Required Documentation, Tribal Resolution(s) for details. C) Demonstrate for three fiscal years, financial stability and financial management capability. The Indian Tribe must provide evidence that, for the three fiscal years prior to requesting participation in the TSGP, the Indian Tribe has had no uncorrected significant and material audit exceptions in the required annual audit of the Indian Tribe's Self-Determination Contracts or Self-Governance Funding Agreements (FAs) with any Federal Agency. See 25 U.S.C. §5383; 42 CFR §§137.15-23.For Tribes or Tribal organizations (T/TO) that expended $750,000 or more ($500,000 for fiscal years ending after December 31, 2003) in Federal awards, the Office of Tribal Self-Governance (OTSG) shall retrieve the audits directly from the Federal Audit Clearinghouse. For T/TO that expended less than $750,000 ($500,000 for fiscal years ending after December 31, 2003) in Federal awards, the T/TO must provide evidence of the program review correspondence from Indian Health Service (IHS) or Bureau of Indian Affairs officials. See 42 CFR §§ 137.21-23
Link to Full Grant Announcement
Full Notice of Funding Opportunity in the Federal Register
Grant Announcement Contact
Paul E Gettys
Grant Systems Coordinator
Phone 301-443-2114
Division of Grants Management
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