Opportunity Information: Apply for HHS 2016 IHS TSGN 0001
Apply for HHS 2016 IHS TSGN 0001
- The HHS-IHS 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.
- This funding opportunity was created on Mar 24, 2016 and posted on Mar 24, 2016.
- Applicants must submit their applications by Jun 03, 2016. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
- 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: Others (see text field entitled Additional Information on Eligibility for clarification).
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Opportunity Summary:
The Office of Tribal Self-Governance Negotiation Cooperative Agreement (Funding Opportunity Number HHS-2016-IHS-TSGN-0001) is a discretionary cooperative agreement offered by the U.S. Department of Health and Human Services, Indian Health Service (HHS-IHS), under CFDA 93.444. Its core purpose is straightforward: it helps Tribes cover and reduce the practical, real-world costs of getting ready for and carrying out negotiations to enter or expand participation in the Tribal Self-Governance Program (TSGP). In other words, the funding is meant to support the work a Tribe must do to prepare for Title V self-governance discussions, not to fund direct clinical services itself, and not to function as a general allocation of program dollars.
The opportunity is built around the reality that TSGP negotiations are not a one-size-fits-all event. They are described as dynamic and Tribally driven, meaning the process is expected to evolve based on each Tribe's circumstances, priorities, and plans for taking on responsibility for IHS Programs, Services, Functions, and Activities (PSFAs). The negotiation framework is intended to do three big things at once: allow a Tribe to set its own priorities when assuming IHS PSFAs, respect the government-to-government relationship between the United States and each Tribe, and require active participation from both Tribal representatives and IHS staff, including the Office of Tribal Self-Governance (OTSG). A major theme is that successful transition into self-governance (or expansion of an existing agreement) depends on careful preparation and the exchange of precise, up-to-date information by both sides.
The notice lays out four major stages of the negotiations process: planning, pre-negotiations, negotiations, and post-negotiations. The planning stage is required by Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) and must be completed to the satisfaction of the Tribe. Planning is described as substantial work, including legal and budgetary research, internal Tribal government planning, and organizational preparation tied to administering health care programs. Pre-negotiations then focus on reviewing and discussing the issues uncovered during planning. During this stage, a draft compact, funding agreement, and funding tables are developed, typically by the Tribe, and shared with both the Tribal and Federal teams. Those draft documents become the working baseline for pre-negotiations and final negotiations, helping both sides identify and work through compact language, funding terms, and Tribal shares in a structured way. Final negotiations are the point where both teams meet to reach agreement on the final terms and provisions of the compact and funding agreement.
The opportunity also describes who is expected to be at the table. The Tribal negotiation team must include a Tribal leader from the governing body, which can be an elected leader or a designated representative such as a Tribal Health Director. Tribes may also include technical and program staff, legal counsel, and other consultants, reflecting how complex these agreements can be. On the Federal side, the negotiation team is led by the Agency Lead Negotiator (ALN) and usually includes an OTSG Program Analyst and an Office of the General Counsel representative, with additional IHS staff and subject matter experts brought in 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, which clarifies how decision-making authority is structured during negotiations.
An important point in the description is what negotiations are and are not. They are framed as a good-faith, collaborative process intended to strengthen each self-governance agreement, not an "allocation process." Instead of simply dividing money, the negotiations are meant to jointly review and resolve budget and program issues, with both parties working through questions until they can agree on final documents. After negotiations conclude, the authorizing Tribal official signs the compact and funding agreement and submits the package to the ALN for review to confirm the documents match what was negotiated. The ALN then forwards the final package to OTSG to prepare it 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.
In terms of award basics, the posting indicates an expected five awards with an award ceiling of $48,000. The opportunity was posted and created on March 24, 2016, with a closing date of June 3, 2016. The funding instrument is a cooperative agreement, which typically signals that the agency expects to have substantial involvement during the period of performance compared with a standard grant. Eligibility is listed as "Others" with additional clarification referenced in the full eligibility section, but the narrative makes clear the intended applicants are Tribes and potentially Tribal organizations preparing for or undertaking Title V self-governance negotiations with IHS.
Finally, the notice is explicit about what this funding does not do. Receiving a Negotiation Cooperative Agreement is not required to enter the TSGP; a Tribe can use other resources to develop and negotiate its compact and funding agreement. Likewise, if a Tribe receives this cooperative agreement, it is not forced to enter or expand Title V participation. A Tribe can still decide to delay, decline, or postpone participation or expansion even after using the award for negotiation preparation and related activities.
Frequently Asked Questions (FAQs)
What is the Office of Tribal Self-Governance Negotiation Cooperative Agreement?
It is a discretionary cooperative agreement offered by the U.S. Department of Health and Human Services, Indian Health Service (HHS-IHS) to help cover and reduce the real-world costs a Tribe faces when preparing for and carrying out negotiations to enter or expand participation in the Tribal Self-Governance Program (TSGP) under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA).
What is the Funding Opportunity Number (FON) for this award?
The Funding Opportunity Number is HHS-2016-IHS-TSGN-0001.
What CFDA number is associated with this funding opportunity?
The CFDA number listed is 93.444.
Who is the awarding agency?
The awarding agency is the U.S. Department of Health and Human Services, Indian Health Service (HHS-IHS).
What is the main purpose of this funding?
The purpose is to support Tribal work needed to get ready for and conduct Title V self-governance negotiations, including preparation and development work tied to negotiating a compact and funding agreement and addressing issues related to assuming IHS Programs, Services, Functions, and Activities (PSFAs).
Is this funding meant to pay for direct clinical services?
No. The notice emphasizes that the funding is meant to support negotiation preparation and related activities, not to fund direct clinical services, and not to serve as a general allocation of program dollars.
Is this cooperative agreement an "allocation" of IHS program funding?
No. Negotiations are described as a good-faith, collaborative process to strengthen self-governance agreements by jointly reviewing and resolving budget and program issues. They are explicitly described as not an "allocation process."
What does "dynamic and Tribally driven" mean in the context of TSGP negotiations?
It means the negotiation process is expected to evolve based on each Tribe's circumstances, priorities, and plans for taking on responsibility for IHS PSFAs. The framework is intended to allow Tribes to set priorities, respect the government-to-government relationship, and require active participation by both Tribal representatives and IHS staff.
What are PSFAs?
PSFAs refers to IHS Programs, Services, Functions, and Activities that a Tribe may assume responsibility for through the self-governance compact and funding agreement process.
What are the stages of the negotiation process described in the notice?
The notice describes four major stages: planning, pre-negotiations, negotiations, and post-negotiations.
What happens during the planning stage?
The planning stage is required by Title V of ISDEAA and must be completed to the satisfaction of the Tribe. It is described as substantial work and can include legal and budgetary research, internal Tribal government planning, and organizational preparation tied to administering health care programs.
What happens during the pre-negotiations stage?
Pre-negotiations focus on reviewing and discussing issues uncovered during planning. During this stage, a draft compact, funding agreement, and funding tables are developed (typically by the Tribe) and shared with both the Tribal and Federal teams. These drafts serve as the working baseline for pre-negotiations and final negotiations.
What is developed as part of pre-negotiations?
The notice describes development of a draft compact, a draft funding agreement, and draft funding tables, which help both sides identify and work through compact language, funding terms, and Tribal shares in a structured way.
What happens during final negotiations?
Final negotiations are when the Tribal and Federal teams meet to reach agreement on the final terms and provisions of the compact and funding agreement.
What happens after negotiations are completed (post-negotiations)?
After negotiations conclude, the authorizing Tribal official signs the compact and funding agreement and submits the package to the Agency Lead Negotiator (ALN) for review to confirm the documents match what was negotiated. The ALN forwards the final package to the Office of Tribal Self-Governance (OTSG) to prepare it 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.
Who must be included on the Tribal negotiation team?
The Tribal negotiation team must include a Tribal leader from the governing body. The notice states this can be an elected leader or a designated representative, such as a Tribal Health Director.
Who else may participate on the Tribal negotiation team?
The notice indicates Tribes may include technical and program staff, legal counsel, and other consultants, reflecting the complexity of compacts and funding agreements.
Who leads the Federal negotiation team?
The Federal negotiation team is led by the Agency Lead Negotiator (ALN).
Which IHS offices or roles are typically included on the Federal team?
The Federal team usually includes an OTSG Program Analyst and a representative from the Office of the General Counsel, with additional IHS staff and subject matter experts brought in as needed.
Who has authority to negotiate on behalf of the IHS Director?
The notice specifies that the Agency Lead Negotiator (ALN) is the only Federal team member with delegated authority to negotiate on behalf of the IHS Director.
Why does the notice emphasize careful preparation and current information?
Because successful transition into self-governance (or expansion of an existing agreement) is described as depending on careful preparation and the exchange of precise, up-to-date information by both the Tribe and IHS.
What is the funding instrument type for this opportunity?
The funding instrument is a cooperative agreement.
What does a cooperative agreement imply for this opportunity?
The notice indicates it is a cooperative agreement, which typically signals the agency expects substantial involvement during the period of performance compared with a standard grant.
How many awards are expected?
The posting indicates an expected five awards.
What is the award ceiling?
The award ceiling listed is $48,000.
When was this opportunity posted and created?
The posting and creation date is March 24, 2016.
What was the closing date for applications?
The closing date listed is June 3, 2016.
Who is eligible to apply?
Eligibility is listed as "Others" with additional clarification referenced in the full eligibility section. Based on the narrative description, the intended applicants are Tribes (and potentially Tribal organizations) preparing for or undertaking Title V self-governance negotiations with IHS.
Is receiving a Negotiation Cooperative Agreement required to enter the Tribal Self-Governance Program (TSGP)?
No. The notice explicitly states that receiving a Negotiation Cooperative Agreement is not required to enter the TSGP; a Tribe may use other resources to develop and negotiate its compact and funding agreement.
Does receiving this cooperative agreement require a Tribe to enter or expand Title V participation?
No. The notice states that receiving the cooperative agreement does not force a Tribe to enter or expand Title V participation. A Tribe can decide to delay, decline, or postpone participation or expansion even after using the award for negotiation preparation and related activities.
What documents are negotiated and finalized through this process?
The notice centers the negotiation process around a compact and a funding agreement, supported by draft funding tables developed during pre-negotiations and finalized during negotiations.
When do the compact and funding agreement become legally binding?
They become legally binding and enforceable once both parties sign (the authorizing Tribal official signs, and the IHS Director signs after OTSG preparation and ALN forwarding).
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