Opportunity Information: Apply for HHS 2012 IHS TSGN 0001
Apply for HHS 2012 IHS TSGN 0001
- The Indian Health Service in the health sector is offering a public funding opportunity titled "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 Aug 9, 2012 and posted on Aug 9, 2012.
- Applicants must submit their applications by Sep 9, 2012. (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: Others (see text field entitled Additional Information on Eligibility for clarification) Native American tribal governments (Federally recognized) Native American tribal organizations (other than Federally recognized tribal governments).
- 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. Entities must be eligible to receive IHS funds for the provision of health care services pursuant to the ISDEAA in order to be eligible for this award. Pursuant to the Consolidated Appropriations Act, 2012, Pub. L. No. 112 74, the Indian Health Service may not disburse funds for the provision of health care services pursuant to the ISDEAA to any Alaska Native village or Alaska Native village corporation that is located within the area served by an Alaska Native regional health entity. B. Submit a Tribal resolution from the appropriate governing body of each Indian Tribe to be served under the ISDEAA compact and 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. Draft resolutions can be submitted with the application in lieu of an official signed resolution however an official signed Tribal resolution must be received by the Division of Grants Management (DGM), prior to the Objective Review on September 12, 2012. Official signed resolutions can be mailed to the DGM, Attn John Hoffman, 801 Thompson Avenue, TMP, Suite 360, Rockville, MD 20852. Please contact John Hoffman by telephone at (301) 443 5204 prior to September 12, 2012 regarding submission questions. If the DGM does not receive an official signed resolution by September 11, 2012, then the application will be considered incomplete and ineligible for review or further consideration. C. Demonstrate, for three fiscal years, financial stability and financial management capability. Applicants are required to submit complete annual audit report for the three fiscal years prior to the year the applicant is applying for the Negotiation Cooperative Agreement. The Indian Tribe must provide evidence that for the three years prior to applying for the Negotiation Cooperative Agreement the 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 with any Federal agency. See 42 CFR 137.21 23. Scanned electronic copies of the documents can be attached to the electronic online application. If the applicant determines that the audit reports are too lengthy, then the applicants may submit them separately via regular mail by the due date, September 9, 2012. Applicants sending audits via regular mail must submit two copies of the complete audits for the three previous fiscal years under separate cover directly to the DGM, Attn John Hoffman, 801 Thompson Avenue, TMP Suite 360, Rockville, MD 20852. Applicants must reference the following information in their cover letter transmitting the required complete audits 1) the Funding Opportunity Number HHS 2012 IHS TSGN 0001, 2) the grant tracking number assigned to their electronic submission from http://www.Grants.gov, and 3) the date submitted via http://www.Grants.gov. If the DGM does not receive this documentation by September 9, 2012, then the application will be considered incomplete and ineligible for review or further consideration.
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Opportunity Summary:
The Tribal Self Governance Program Negotiation Cooperative Agreement is an Indian Health Service (IHS) funding opportunity designed to help eligible Tribes and Tribal organizations cover the real, practical costs of getting ready for and carrying out negotiations to enter the Tribal Self Governance Program (TSGP). The core idea is not to pay for direct health care services, but to provide targeted support that allows a Tribe to plan thoroughly, assemble the right expertise, develop accurate documentation, and participate effectively in a structured negotiation process required under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA). Because each Tribe’s health system goals, service delivery realities, and financial circumstances differ, the agreement recognizes that successful entry into self-governance depends on careful, Tribe-driven preparation and clear information sharing between the Tribe and the federal negotiation team.
The opportunity emphasizes that TSGP negotiations are meant to strengthen a government-to-government relationship while enabling Tribes to set their own priorities when they assume responsibility for IHS programs, services, functions, and activities (PSFAs). The negotiation model is described as collaborative and evolving, with active participation by both Tribal representatives and IHS staff, including the IHS Office of Tribal Self Governance (OTSG). Importantly, the announcement frames negotiations as a good-faith problem-solving process rather than an “allocation” exercise; the goal is to jointly review program and budget issues, address questions as they arise, and produce agreements that accurately reflect what both sides decided.
The process for entering TSGP is laid out in four stages: planning, pre-negotiations, negotiations, and post-negotiations. During the planning stage, the Tribe completes a planning phase to its own satisfaction, consistent with Title V requirements. In pre-negotiations, the Tribal and federal teams review issues identified during planning, and the Tribe typically prepares draft documents including a Compact, a Funding Agreement, and a funding table. Those drafts are shared with both sides and become the working basis for pre-negotiations and final negotiations. The pre-negotiation stage is where many key details get surfaced and discussed, particularly items directly tied to Compact language, Funding Agreement provisions, and Tribal shares. Final negotiations then bring both teams together to reach agreement on the final terms, provisions, and funding arrangements. After negotiations, the Tribe signs and submits the final package to the Area Lead Negotiator (ALN), who reviews it to confirm it matches what was agreed to, then forwards it to OTSG for preparation and signature by the IHS Director. Once signed by both parties, the Compact and Funding Agreement become legally binding and enforceable, and the Tribe becomes a Self-Governance Tribe participating in TSGP.
The announcement also clarifies typical roles in the negotiation structure. On the Tribal side, the negotiation team may include a Tribal leader or designee, the Tribal Health Director, technical and program staff, legal counsel, and consultants. On the federal side, the team is led by the ALN and generally includes an OTSG Program Analyst and an Office of General Counsel representative, with other IHS subject matter experts added 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 matters for understanding who can commit the agency during negotiation sessions.
From a funding and administrative standpoint, this is a discretionary cooperative agreement (not a formula award), under the health funding activity category. The Funding Opportunity Number is HHS-2012-IHS-TSGN-0001, and the CFDA number is 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement). IHS anticipated making 5 awards, with total estimated funding of $240,000. Each award was set at a fixed amount: $48,000 as both the floor and ceiling, and there was no cost sharing or matching requirement. The posting date was August 9, 2012, with an application closing date of September 9, 2012 (and the opportunity archived October 9, 2012).
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), and they must be eligible to receive IHS funds for health care services under ISDEAA to qualify for this negotiation support. The announcement also includes a statutory restriction tied to the Consolidated Appropriations Act, 2012: IHS may not disburse ISDEAA health care service funds to an Alaska Native village or Alaska Native village corporation located within the area served by an Alaska Native regional health entity, which affects eligibility in certain Alaska contexts. Applicants are required to submit a Tribal resolution authorizing the application from the appropriate governing body (and consortia must include resolutions from each Tribe in the consortium). Draft resolutions could be submitted initially, but a signed official resolution had to be received by IHS Division of Grants Management (DGM) prior to the objective review date; otherwise, the application would be deemed incomplete and ineligible.
In addition to governance authorization, the opportunity requires strong proof of financial capability. Applicants must demonstrate financial stability and management capacity over three fiscal years by submitting complete annual audit reports for the three fiscal years prior to applying. The Tribe must show there were no uncorrected significant and material audit exceptions related to required annual audits of Self-Determination contracts or Self-Governance Funding Agreements with any federal agency, consistent with 42 C.F.R. 137.21-137.23. Audits could be uploaded electronically, but if too lengthy they could be mailed, with specific instructions to include identifying information (funding opportunity number, the Grants.gov tracking number, and the electronic submission date). Failure to provide the audits by the deadline would also render the application incomplete and ineligible.
For practical support and access, the announcement points applicants to the full funding opportunity announcement for complete details and provides a contact for systems or access issues: Paul Gettys, Grant Systems Coordinator, Grants Policy Office, at 301-443-2114.
Frequently Asked Questions (FAQs)
What is the Tribal Self Governance Program Negotiation Cooperative Agreement?
It is an Indian Health Service (IHS) discretionary cooperative agreement designed to help eligible Tribes and Tribal organizations cover the real, practical costs of 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).
What is the main purpose of this funding opportunity?
The purpose is to support Tribe-driven preparation and effective participation in the structured negotiation process required for TSGP entry. The funding is meant to help a Tribe plan thoroughly, assemble appropriate expertise, develop accurate documentation, and work through program and budget issues during negotiations with the federal team.
Does this funding pay for direct health care services?
No. The announcement emphasizes that the core idea is not to pay for direct health care services, but to provide targeted support for planning and negotiation activities needed to enter TSGP.
How are TSGP negotiations described in the announcement?
Negotiations are framed as a collaborative, evolving, good-faith problem-solving process. They are intended to strengthen the government-to-government relationship and to jointly review program and budget issues, address questions as they arise, and produce agreements that accurately reflect what both sides decided.
What are PSFAs in this context?
PSFAs refers to IHS programs, services, functions, and activities that a Tribe may assume responsibility for when participating in TSGP.
What are the four stages for entering the Tribal Self Governance Program (TSGP)?
The process is described in four stages: planning, pre-negotiations, negotiations, and post-negotiations.
What happens during the planning stage?
During planning, the Tribe completes a planning phase to its own satisfaction, consistent with Title V requirements. This stage is where the Tribe prepares internally for the requirements and decisions involved in entering self-governance.
What happens during the pre-negotiation stage?
During pre-negotiations, the Tribal and federal teams review issues identified during planning. The Tribe typically prepares and shares draft documents that become the working basis for discussions, including a Compact, a Funding Agreement, and a funding table. Many key details are surfaced and discussed at this stage, particularly those tied to Compact language, Funding Agreement provisions, and Tribal shares.
What happens during final negotiations?
Final negotiations bring both the Tribal and federal teams together to reach agreement on final terms, provisions, and funding arrangements.
What happens after negotiations are complete?
After negotiations, the Tribe signs and submits the final package to the Area Lead Negotiator (ALN). The ALN reviews it to confirm it matches what was agreed to and then forwards it to the IHS Office of Tribal Self Governance (OTSG) for preparation and signature by the IHS Director. Once signed by both parties, the Compact and Funding Agreement become legally binding and enforceable, and the Tribe becomes a Self-Governance Tribe participating in TSGP.
What documents are typically drafted for pre-negotiations and negotiations?
The announcement notes that the Tribe typically prepares draft documents including a Compact, a Funding Agreement, and a funding table. These drafts are shared with both sides and used as the working basis for pre-negotiations and final negotiations.
Who is typically on the Tribal negotiation team?
The Tribal negotiation team may include a Tribal leader or designee, the Tribal Health Director, technical and program staff, legal counsel, and consultants.
Who is typically on the federal negotiation team?
The federal team is led by the Area Lead Negotiator (ALN) and generally includes an OTSG Program Analyst and an Office of General Counsel representative, with other IHS subject matter experts included as needed.
Who has authority to negotiate on behalf of the IHS Director?
The announcement states that the Area Lead Negotiator (ALN) is the only federal team member with delegated authority to negotiate on behalf of the IHS Director. This matters because it clarifies who can commit the agency during negotiation sessions.
What type of award is this?
This is a discretionary cooperative agreement (not a formula award) under the health funding activity category.
What is the Funding Opportunity Number and CFDA number?
The Funding Opportunity Number is HHS-2012-IHS-TSGN-0001. The CFDA number is 93.444 (Tribal Self Governance Program Planning and Negotiation Cooperative Agreement).
How many awards were anticipated and what was the total estimated funding?
IHS anticipated making 5 awards with total estimated funding of $240,000.
How much was each award?
Each award was a fixed amount of $48,000. The announcement lists $48,000 as both the floor and the ceiling.
Is cost sharing or matching required?
No. The announcement states there was no cost sharing or matching requirement.
When was the opportunity posted and when did it close?
The posting date was August 9, 2012. The application closing date was September 9, 2012. The opportunity was archived October 9, 2012.
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). Applicants must also be eligible to receive IHS funds for health care services under ISDEAA to qualify for this negotiation support.
Are there any special eligibility restrictions related to Alaska?
Yes. The announcement cites a restriction tied to the Consolidated Appropriations Act, 2012: IHS may not disburse ISDEAA health care service funds to an Alaska Native village or Alaska Native village corporation located within the area served by an Alaska Native regional health entity. This affects eligibility in certain Alaska contexts.
Is a Tribal resolution required with the application?
Yes. Applicants must submit a Tribal resolution authorizing the application from the appropriate governing body. For Inter-Tribal Consortia, resolutions from each Tribe in the consortium are required.
Can a draft Tribal resolution be submitted initially?
Yes. The announcement allows draft resolutions to be submitted initially, but a signed official resolution had to be received by the IHS Division of Grants Management (DGM) prior to the objective review date.
What happens if the signed Tribal resolution is not received on time?
If the signed official resolution is not received by IHS DGM prior to the objective review date, the application would be deemed incomplete and ineligible.
What financial capability documentation is required?
Applicants must demonstrate financial stability and management capacity over three fiscal years by submitting complete annual audit reports for the three fiscal years prior to applying.
Are there specific audit-related standards that must be met?
Yes. The Tribe must show there were no uncorrected significant and material audit exceptions related to required annual audits of Self-Determination contracts or Self-Governance Funding Agreements with any federal agency, consistent with 42 C.F.R. 137.21-137.23.
How can audit reports be submitted?
Audits could be uploaded electronically. If audits were too lengthy to upload, they could be mailed with instructions to include identifying information: the funding opportunity number, the Grants.gov tracking number, and the electronic submission date.
What happens if the audits are not provided by the deadline?
Failure to provide the required audits by the deadline would render the application incomplete and ineligible.
Who should applicants contact for systems or access issues?
The announcement provides this contact for systems or access issues: Paul Gettys, Grant Systems Coordinator, Grants Policy Office, 301-443-2114.
Which IHS offices are referenced as being involved in the negotiation and signature process?
The announcement references the IHS Office of Tribal Self Governance (OTSG), the Area Lead Negotiator (ALN), the IHS Division of Grants Management (DGM), and the IHS Director (as the signer on the federal side).
When do the Compact and Funding Agreement become legally binding?
They become legally binding and enforceable once signed by both parties (the Tribe and IHS, with IHS signature by the IHS Director after OTSG preparation).
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