Opportunity Information: Apply for HHS 2014 IHS TSGN 0001

  • The Indian Health Service in the health sector is offering a public funding opportunity titled "Office of Tribal Self Governance Program 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 Jul 30, 2014 and posted on Jul 30, 2014.
  • Applicants must submit their applications by Aug 29, 2014. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
  • The funding agency has allocated a total of $144,000.00 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 3 candidate(s).
  • Eligible applicants include: Others (see text field entitled Additional Information on Eligibility for clarification) Native American tribal organizations (other than Federally recognized tribal governments) Native American tribal governments (Federally recognized).
  • 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. Sect. 450b(e) a Tribal Organization as defined in 25 U.S.C. Sect. 450b(l) or an Inter Tribal Consortium as defined at 42 C.F.R. Sect. 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, Inc., 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. Draft Tribal resolutions are acceptable in lieu of official signed resolutions and can be submitted along with the electronic application. However, an official signed Tribal resolution must be received by the Division of Grants Management (DGM) prior to the beginning of the Objective Review. If the DGM does not receive an official signed resolution by the Review, the application will be considered incomplete and ineligible. 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. Sect. 458aaa 2 42 C.F.R. Sect. 137.15 23.
Apply for HHS 2014 IHS TSGN 0001

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Opportunity Summary:

The Office of Tribal Self-Governance Program Negotiation Cooperative Agreement is an Indian Health Service (IHS) funding opportunity meant to help eligible Tribes and Tribal organizations cover the practical costs of getting ready for, and taking part in, Tribal Self-Governance Program (TSGP) negotiations under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA). The central idea is straightforward: negotiations require time, staff, technical expertise, and accurate financial and program information, and this cooperative agreement provides targeted support so Tribes can do that work thoroughly and on their own terms. The negotiations are described as Tribally driven and structured to respect the government-to-government relationship, while allowing each Tribe to set priorities as it considers assuming responsibility for IHS programs, services, functions, and activities (PSFAs).

The grant is built around the full negotiations lifecycle, which the announcement breaks into four stages: planning, pre-negotiations, negotiations, and post-negotiations. In the planning stage, the Tribe completes preparation to its own satisfaction, including legal and budget research plus internal governmental planning and organizational readiness for administering health care programs. Pre-negotiations then focus on reviewing and discussing issues surfaced during planning and turning that work into draft documents. Typically, the Tribe prepares a draft Compact, a draft Funding Agreement, and supporting funding tables, and those drafts become the working materials for pre-negotiations and final negotiations. Final negotiations are where both sides come together to settle the terms and provisions of the Compact and Funding Agreement, including program and budget details and the Tribe’s shares. After negotiations, the post-negotiation stage includes final document review, signature routing, and completing the steps needed to make the agreement legally effective.

The opportunity also explains who participates and how authority is structured. On the Tribal side, the negotiation team must include a Tribal leader from the governing body (or a designee such as a Tribal Health Director), and it can also include technical and program staff, legal counsel, and consultants. On the Federal side, the negotiation team is led by the Agency Lead Negotiator (ALN) and commonly includes an Office of Tribal Self-Governance (OTSG) program analyst and Office of the General Counsel representation, plus other IHS subject matter experts as needed. A key detail is that the ALN is the only federal team member with delegated authority to negotiate on behalf of the IHS Director. The announcement emphasizes that negotiations are meant to be good-faith, problem-solving discussions to refine and strengthen each self-governance agreement; they are not framed as an allocation process, but rather as a joint review of program and budget issues with the goal of reaching clear agreement in the final documents.

Once the parties reach agreement, the Tribe signs and submits the final Compact and Funding Agreement to the ALN for review to confirm the documents match what was negotiated. The package then goes to OTSG for preparation for the IHS Director’s signature. After 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. Importantly, the announcement makes two boundaries clear: receiving this Negotiation Cooperative Agreement is not required to enter the TSGP, and Tribes that receive the cooperative agreement are not obligated to proceed into Title V participation right away (or at all). A Tribe may choose to delay, decline, or use other resources to negotiate instead.

From a funding and administrative standpoint, this is a discretionary cooperative agreement in the health category under CFDA 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement). The total estimated funding listed is $144,000, with an expectation of 3 awards. Each award is set at a fixed amount: a $48,000 floor and a $48,000 ceiling, and there is no cost sharing or matching requirement. The funding opportunity number is HHS-2014-IHS-TSGN-0001. It was posted July 30, 2014, and closed August 29, 2014 (with an archive date of September 28, 2014), which signals this specific announcement is historical, even though the summary of purpose and structure reflects the program’s general approach.

Eligibility is limited and specific. Applicants must be an Indian Tribe (as defined at 25 U.S.C. 450b(e)), a Tribal organization (25 U.S.C. 450b(l)), or an inter-tribal consortium (42 C.F.R. 137.10). The announcement includes Alaska-specific restrictions: 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, per the Consolidated Appropriations Act, 2014 (Pub. L. No. 113-76). At the same time, the Native Village of Eyak, Eastern Aleutian Tribes, Inc., and the Council for Athabascan Tribal Governments are treated as Alaska Native regional health entities and are therefore eligible to apply. The notice also indicates that Alaska Tribes not represented by a Self-Governance Tribal consortium Funding Agreement within their area may still be considered for participation in the TSGP, reflecting the program’s attention to how representation and service areas are organized in Alaska.

The application package must include authorizing Tribal documentation. A Tribal resolution from the appropriate governing body is required for each Tribe to be served by the ISDEAA Compact, authorizing submission of the application; consortia must submit resolutions from each Tribe in the consortium. Tribal organizations do not need a new resolution if their existing operating resolutions already cover the proposed activities. Draft resolutions can be submitted with the application, but a signed official resolution must reach the Division of Grants Management before objective review begins; otherwise the application is treated as incomplete and ineligible. In addition, applicants must demonstrate financial stability and financial management capability over three fiscal years, including evidence that for the three years prior to self-governance participation there were no uncorrected significant and material audit exceptions in the required annual audits of the Tribe’s self-determination contracts or self-governance funding agreements with any federal agency (citing 25 U.S.C. 458aaa-2 and 42 C.F.R. 137.15-23).

Overall, this cooperative agreement is best understood as a practical negotiation support tool. It is designed to help Tribes do the upfront legal, budget, organizational, and document development work needed to negotiate a Compact and Funding Agreement that accurately reflects their health care priorities and the programs they intend to manage, while also supporting a structured, documented process with clear federal negotiating authority and a defined path from draft documents to legally binding agreements. Contact information in the notice points applicants to the IHS Grants Policy Office, specifically Paul Gettys (Grant Systems Coordinator) at 301-443-2114 for help accessing the full announcement.

Frequently Asked Questions (FAQ)

What is the Office of Tribal Self-Governance Program Negotiation Cooperative Agreement?

It is an Indian Health Service (IHS) funding opportunity designed to help eligible Tribes and Tribal organizations pay for the practical costs of preparing for and participating in Tribal Self-Governance Program (TSGP) negotiations under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA).

What is the purpose of this cooperative agreement?

The purpose is to provide targeted support for the work required to conduct thorough Title V negotiations, including staff time, technical expertise, and the development and use of accurate financial and program information.

What kinds of work does the funding support during negotiations?

Based on the announcement, negotiations can involve legal and budget research, internal governmental planning, organizational readiness to administer health care programs, drafting negotiation documents (such as a Compact and Funding Agreement), developing supporting funding tables, and completing final review and signature steps after terms are agreed upon.

How does the opportunity describe the negotiation approach?

The negotiations are described as Tribally driven and structured to respect the government-to-government relationship. They are framed as good-faith, problem-solving discussions to refine and strengthen the self-governance agreement, rather than as an allocation process.

What are PSFAs in this context?

PSFAs refers to programs, services, functions, and activities associated with IHS that a Tribe may consider assuming responsibility for under Title V.

What are the stages of the negotiations lifecycle described in the announcement?

The announcement describes four stages: planning, pre-negotiations, negotiations, and post-negotiations.

What happens during the planning stage?

During planning, the Tribe completes preparation to its own satisfaction. This includes legal and budget research, internal governmental planning, and assessing organizational readiness for administering health care programs.

What happens during the pre-negotiations stage?

Pre-negotiations focus on reviewing and discussing issues identified during planning and converting that work into draft documents. Typically, the Tribe prepares a draft Compact, a draft Funding Agreement, and supporting funding tables, which become working materials for pre-negotiations and final negotiations.

What happens during final negotiations?

Final negotiations are when the parties settle the terms and provisions of the Compact and Funding Agreement, including program and budget details and the Tribe's shares.

What happens during the post-negotiation stage?

Post-negotiation work includes final document review, signature routing, and completing the steps needed to make the agreement legally effective.

Who must be on the Tribal negotiation team?

The Tribal negotiation team must include a Tribal leader from the governing body or a designee (for example, a Tribal Health Director). The team may also include technical and program staff, legal counsel, and consultants.

Who is typically on the Federal negotiation team?

The Federal negotiation team is led by the Agency Lead Negotiator (ALN). It commonly includes an Office of Tribal Self-Governance (OTSG) program analyst and representation from the Office of the General Counsel, plus other IHS subject matter experts as needed.

Who has authority to negotiate for IHS during these negotiations?

The announcement states that the Agency Lead Negotiator (ALN) is the only federal team member with delegated authority to negotiate on behalf of the IHS Director.

Are these negotiations treated as an allocation process?

No. The announcement emphasizes that negotiations are not framed as an allocation process. They are described as a joint review of program and budget issues aimed at reaching clear agreement reflected in the final documents.

What documents are negotiated and finalized?

The primary documents described are the Compact and the Funding Agreement, along with supporting funding tables.

What happens once the parties reach agreement on the Compact and Funding Agreement?

Once agreement is reached, the Tribe signs and submits the final Compact and Funding Agreement to the ALN to confirm the documents match what was negotiated. The package then goes to OTSG for preparation for the IHS Director's signature.

When do the Compact and Funding Agreement become legally binding?

After 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.

Is receiving this Negotiation Cooperative Agreement required to enter the Tribal Self-Governance Program?

No. The announcement makes clear that receiving the Negotiation Cooperative Agreement is not required to enter the TSGP.

Does accepting this cooperative agreement require a Tribe to proceed into Title V participation?

No. The announcement states that Tribes that receive the cooperative agreement are not obligated to proceed into Title V participation right away, or at all. A Tribe may choose to delay, decline, or use other resources to negotiate instead.

What type of award is this?

This opportunity is described as a discretionary cooperative agreement in the health category.

What is the CFDA number listed for this opportunity?

The CFDA number listed is 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement).

What is the funding opportunity number?

The funding opportunity number is HHS-2014-IHS-TSGN-0001.

How much total funding was estimated under this announcement?

The total estimated funding listed is $144,000, with an expectation of 3 awards.

How much is each award?

Each award is a fixed amount of $48,000. The announcement lists a $48,000 floor and a $48,000 ceiling.

Is cost sharing or matching required?

No. The announcement states there is no cost sharing or matching requirement.

When was this funding opportunity posted and when did it close?

It was posted on July 30, 2014, and closed on August 29, 2014. The archive date listed is September 28, 2014.

Is this specific announcement current or historical?

Based on the posted, closed, and archive dates provided, this specific announcement is historical.

Who is eligible to apply?

Eligibility is limited to: (1) an Indian Tribe (as defined at 25 U.S.C. 450b(e)); (2) a Tribal organization (25 U.S.C. 450b(l)); or (3) an inter-tribal consortium (42 C.F.R. 137.10).

Are there Alaska-specific eligibility restrictions?

Yes. 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, consistent with the Consolidated Appropriations Act, 2014 (Pub. L. No. 113-76).

Which Alaska entities are explicitly described as eligible in the announcement?

The announcement indicates that the Native Village of Eyak, Eastern Aleutian Tribes, Inc., and the Council for Athabascan Tribal Governments are treated as Alaska Native regional health entities and are therefore eligible to apply.

Does the announcement address Alaska Tribes that are not represented by a Self-Governance Tribal consortium Funding Agreement in their area?

Yes. The notice indicates that Alaska Tribes not represented by a Self-Governance Tribal consortium Funding Agreement within their area may still be considered for participation in the TSGP.

What Tribal documentation is required to authorize the application?

A Tribal resolution from the appropriate governing body is required for each Tribe to be served by the ISDEAA Compact, authorizing submission of the application. For consortia, resolutions from each Tribe in the consortium must be submitted.

Do Tribal organizations always need a new resolution?

No. The announcement states that Tribal organizations do not need a new resolution if their existing operating resolutions already cover the proposed activities.

Can draft resolutions be submitted with the application?

Yes. Draft resolutions can be submitted with the application, but a signed official resolution must reach the Division of Grants Management before objective review begins.

What happens if the signed official resolution is not received before objective review begins?

The application is treated as incomplete and ineligible if the signed official resolution does not reach the Division of Grants Management before objective review begins.

What financial capability requirements are described?

Applicants must demonstrate financial stability and financial management capability over three fiscal years. The announcement also requires evidence that, for the three years prior to self-governance participation, there were no uncorrected significant and material audit exceptions in required annual audits of the Tribe's self-determination contracts or self-governance funding agreements with any federal agency (citing 25 U.S.C. 458aaa-2 and 42 C.F.R. 137.15-23).

Who is listed as a contact for help accessing the full announcement?

The notice points applicants to the IHS Grants Policy Office, specifically Paul Gettys (Grant Systems Coordinator) at 301-443-2114 for assistance accessing the full announcement.

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