Opportunity Information: Apply for HHS 2015 IHS TSGN 0001
Apply for HHS 2015 IHS TSGN 0001
- The Indian Health Service in the health sector is offering a public funding opportunity titled "Office of Tribal Self Governance Negotiation Cooperative Agreement" and is now available to receive applicants.
- Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 93.444 Tribal Self Governance Program Planning and Negotiation Cooperative Agreement.
- This funding opportunity was created on Feb 19, 2015 and posted on Feb 19, 2015.
- Applicants must submit their applications by Jun 3, 2015. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
- The funding agency has allocated a total of $240,000.00 to eligible and selected applicants.
- Each selected applicant is eligible to receive up to $48,000.00 in funding.
- The number of recipients for this funding is limited to 5 candidate(s).
- Eligible applicants include: 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).
- To be eligible for this Limited Competition Negotiation Cooperative Agreement under this announcement, an applicant must A. Be an Indian Tribe as defined in 25 U.S.C. 450b(e) a Tribal Organization as defined in 25 U.S.C. 450b(l) or an Inter Tribal Consortium as defined at 42 C.F.R. 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. 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 Funding Agreement within their area may still be considered to participate in the TSGP. B. Submit a Tribal resolution from the appropriate governing body of each Indian Tribe to be served by the ISDEAA Compact authorizing the submission of the Negotiation Cooperative Agreement application. Tribal consortia applying for a TSGP Negotiation Cooperative Agreement shall submit Tribal Council resolutions from each Tribe in the consortium. Tribal resolutions can be attached to the electronic online application. Applications by Tribal organizations will not require a specific Tribal resolution if the current Tribal resolution(s) under which they operate would encompass the proposed grant activities. C. Demonstrate, for three fiscal years, financial stability and financial management capability. The Indian Tribe must provide evidence that, for the three years prior to participation in Self Governance, the Indian Tribe has had no uncorrected significant and material audit exceptions in the required annual audit of the Indian Tribes Self Determination Contracts or Self Governance Funding Agreements with any Federal agency. See 25 U.S.C. 458aaa 2 42 C.F.R. 137.15 23.
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Opportunity Summary:
The Office of Tribal Self Governance Negotiation Cooperative Agreement is an Indian Health Service (IHS) funding opportunity designed to help Tribes cover practical, up-front costs associated with preparing for and carrying out negotiations to enter the Tribal Self Governance Program (TSGP) under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA), or to expand an existing self-governance program. The central goal is to make it easier for Tribes to do the intensive planning, research, coordination, and document development that negotiations require, recognizing that the process is Tribally driven and depends on precise, current information being shared between Tribal and federal parties. The opportunity supports negotiations that are intended to respect the government-to-government relationship, allow Tribes to set their own priorities when taking on IHS programs, services, functions, and activities (PSFAs), and ensure active participation from Tribal representatives and IHS, including the Office of Tribal Self-Governance (OTSG).
The grant is structured around the four main stages of the TSGP negotiation process: planning, pre-negotiations, negotiations, and post-negotiations. In the planning stage, Title V requires that the Tribe or Tribal organization complete planning to the Tribe’s satisfaction, which includes legal and budget research as well as internal Tribal government preparation for administering health care programs. During pre-negotiations, Tribal and federal negotiation teams review and discuss issues identified during planning, and key draft documents are developed and circulated, including a draft Compact, a draft Funding Agreement, and draft funding tables (often prepared by the Tribe). These drafts then serve as the working foundation for both pre-negotiations and final negotiations. Final negotiations are where both teams meet to settle and agree to the specific terms and provisions that will govern the Tribe’s Compact and Funding Agreement, including the details tied to program responsibilities and funding.
The opportunity also explains how the negotiation teams are typically organized and how authority works on the federal side. The Tribal negotiation team must include a Tribal leader from the governing body (either an elected leader or an authorized designee such as a Tribal Health Director) and may also include technical or program staff, legal counsel, and consultants. The federal negotiation team is led by the Agency Lead Negotiator (ALN) and commonly includes an OTSG program analyst and an Office of the General Counsel representative, with other IHS subject matter experts brought in as needed. A key point is that the ALN is the only member of the federal team with delegated authority to negotiate on behalf of the IHS Director. The negotiations themselves are described as a good-faith, problem-solving process focused on reaching agreement on program and budget issues; they are explicitly not described as an “allocation process.†After negotiations conclude, the Tribe signs and submits the final Compact and Funding Agreement package to the ALN for review to confirm the documents reflect what was negotiated, then the package goes to OTSG for processing for the IHS Director’s signature. Once both parties sign, the Compact and Funding Agreement become legally binding and enforceable, and the Tribe becomes a Self-Governance Tribe participating in the TSGP.
On funding details, this was a discretionary cooperative agreement under CFDA 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement). The opportunity anticipated making 5 awards with an estimated total funding amount of $240,000. The award amount was set at a fixed level: both the award floor and award ceiling were $48,000 per award. There was no cost sharing or matching requirement. The Funding Opportunity Number was HHS-2015-IHS-TSGN-0001, it was posted February 19, 2015, and the application closing date was June 3, 2015 (with an archive date of July 3, 2015).
Eligibility was limited and tied closely to ISDEAA and TSGP requirements. Eligible applicants included federally recognized Native American tribal governments, Tribal organizations, and inter-tribal consortia as defined in federal law and regulation (including 25 U.S.C. 450b and 42 C.F.R. 137.10). The announcement included specific Alaska-related limitations: Alaska Native Villages or Alaska Native Village Corporations were generally not eligible if located within an area served by an Alaska Native regional health entity, with certain statutory exceptions and clarifications (including named entities deemed eligible as regional health entities). The application also required appropriate Tribal authorization in the form of a Tribal resolution from the governing body (and for consortia, resolutions from each Tribe in the consortium), unless an applying Tribal organization’s existing resolution(s) already covered the proposed activities. In addition, applicants had to demonstrate financial stability and financial management capability for three fiscal years, including showing there were no uncorrected significant and material audit exceptions in required annual audits of ISDEAA contracts or self-governance funding agreements with any federal agency for the three years prior to participation, consistent with Title V requirements and related regulations.
Finally, the announcement emphasizes two important participation points to reduce risk for applicants. First, receiving a Negotiation Cooperative Agreement is not a prerequisite to enter the TSGP; a Tribe can use other resources to develop and negotiate its Compact and Funding Agreement. Second, Tribes that receive this cooperative agreement are not obligated to ultimately participate in Title V self-governance or to expand their program; they may choose to delay or decline participation even after using the funds to support negotiation preparation. For access issues with the full announcement, the notice listed a grants contact (Paul Gettys, Grant Systems Coordinator, IHS Grants Policy Office) with a phone number for assistance.
Frequently Asked Questions (FAQs)
What is the Office of Tribal Self Governance Negotiation Cooperative Agreement?
It is an Indian Health Service (IHS) funding opportunity intended to help Tribes cover practical, up-front costs for preparing for and carrying out negotiations to enter the Tribal Self Governance Program (TSGP) under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA), or to expand an existing self-governance program.
What is the main purpose of this funding opportunity?
The central goal is to make it easier for Tribes to complete the intensive planning, research, coordination, and document development needed for Title V negotiations. The opportunity recognizes that the negotiation process is Tribally driven and depends on precise, current information being shared between Tribal and federal parties.
What does the opportunity support Tribes in doing during negotiations?
It supports Tribes as they prepare for and conduct negotiations in a way that respects the government-to-government relationship, allows Tribes to set their own priorities when taking on IHS programs, services, functions, and activities (PSFAs), and ensures active participation from Tribal representatives and IHS (including the Office of Tribal Self-Governance, or OTSG).
How is the negotiation process described and structured?
The opportunity is organized around four stages of the TSGP negotiation process: planning, pre-negotiations, negotiations, and post-negotiations.
What happens in the planning stage?
Title V requires that the Tribe or Tribal organization complete planning to the Tribe's satisfaction. Planning includes legal and budget research and internal Tribal government preparation for administering health care programs.
What happens during pre-negotiations?
Tribal and federal negotiation teams review and discuss issues identified during planning. Key draft documents are developed and circulated, including a draft Compact, a draft Funding Agreement, and draft funding tables (often prepared by the Tribe). These drafts serve as the working foundation for pre-negotiations and final negotiations.
What happens in final negotiations?
Both teams meet to settle and agree to the specific terms and provisions that will govern the Tribe's Compact and Funding Agreement, including details tied to program responsibilities and funding.
What happens after negotiations conclude (post-negotiations)?
After negotiations, the Tribe signs and submits the final Compact and Funding Agreement package to the Agency Lead Negotiator (ALN) for review to confirm the documents reflect what was negotiated. The package then goes to OTSG for processing for the IHS Director's signature. Once both parties sign, the Compact and Funding Agreement become legally binding and enforceable, and the Tribe becomes a Self-Governance Tribe participating in the TSGP.
How are the Tribal and federal negotiation teams typically organized?
The Tribal negotiation team must include a Tribal leader from the governing body (either an elected leader or an authorized designee such as a Tribal Health Director). The Tribal team may also include technical or program staff, legal counsel, and consultants. The federal negotiation team is led by the Agency Lead Negotiator (ALN) and commonly includes an OTSG program analyst and an Office of the General Counsel representative, with other IHS subject matter experts brought in as needed.
Who has authority to negotiate on behalf of IHS?
The Agency Lead Negotiator (ALN) is the only member of the federal negotiation team with delegated authority to negotiate on behalf of the IHS Director.
Are negotiations described as an allocation process?
No. The negotiations are described as a good-faith, problem-solving process focused on reaching agreement on program and budget issues, and they are explicitly not described as an "allocation process."
What is the CFDA number for this opportunity?
CFDA 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement).
What kind of award is this?
This opportunity is a discretionary cooperative agreement.
How many awards were anticipated and what was the total estimated funding?
The opportunity anticipated making 5 awards, with an estimated total funding amount of $240,000.
What was the award amount per recipient?
The award amount was set at a fixed level of $48,000 per award. Both the award floor and the award ceiling were $48,000.
Is there any cost sharing or matching requirement?
No. There was no cost sharing or matching requirement.
What is the Funding Opportunity Number (FON)?
HHS-2015-IHS-TSGN-0001.
When was the opportunity posted and when did it close?
It was posted on February 19, 2015. The application closing date was June 3, 2015, and the archive date was July 3, 2015.
Who was eligible to apply?
Eligible applicants included federally recognized Native American tribal governments, Tribal organizations, and inter-tribal consortia as defined in federal law and regulation (including 25 U.S.C. 450b and 42 C.F.R. 137.10).
Were there special eligibility limitations related to Alaska?
Yes. Alaska Native Villages or Alaska Native Village Corporations were generally not eligible if located within an area served by an Alaska Native regional health entity, with certain statutory exceptions and clarifications (including named entities deemed eligible as regional health entities).
Was Tribal authorization required to apply?
Yes. The application required appropriate Tribal authorization in the form of a Tribal resolution from the governing body. For inter-tribal consortia, resolutions from each Tribe in the consortium were required, unless an applying Tribal organization's existing resolution(s) already covered the proposed activities.
Were there financial stability or audit requirements to participate?
Yes. Applicants had to demonstrate financial stability and financial management capability for three fiscal years. They also needed to show there were no uncorrected significant and material audit exceptions in required annual audits of ISDEAA contracts or self-governance funding agreements with any federal agency for the three years prior to participation, consistent with Title V requirements and related regulations.
Is receiving this cooperative agreement required to enter the Tribal Self Governance Program?
No. Receiving a Negotiation Cooperative Agreement is not a prerequisite to enter the TSGP. A Tribe can use other resources to develop and negotiate its Compact and Funding Agreement.
Does accepting this cooperative agreement obligate a Tribe to participate in Title V self-governance or expand its program?
No. Tribes that receive this cooperative agreement are not obligated to ultimately participate in Title V self-governance or to expand their program. They may choose to delay or decline participation even after using the funds to support negotiation preparation.
Which IHS office is specifically referenced as participating in the process?
The Office of Tribal Self-Governance (OTSG) is specifically referenced, including its role in processing the final package for the IHS Director's signature and participation on the federal negotiation team through an OTSG program analyst.
Who was listed as the grants contact for access issues with the full announcement?
Paul Gettys, Grant Systems Coordinator, IHS Grants Policy Office, was listed as the contact for assistance, with a phone number provided in the notice.
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