Office of Tribal Self-Governance Negotiation Cooperative Agreement | HHS 2018 IHS TSGN 0001

Opportunity Information: Apply for HHS 2018 IHS TSGN 0001

The Office of Tribal Self-Governance Negotiation Cooperative Agreement is a discretionary funding opportunity from the U.S. Department of Health and Human Services (HHS), Indian Health Service (IHS), designed to help Tribes cover the real, practical costs of getting ready for and taking part in Tribal Self-Governance Program (TSGP) negotiations. The core idea is straightforward: negotiations under Title V are detailed, time-sensitive, and specific to each Tribe, so this cooperative agreement provides financial support to help Tribes do the planning, research, coordination, and technical work needed to negotiate effectively with IHS.

This grant focuses on the negotiations process that leads to two key, legally binding documents required for participation in the TSGP: a Compact and a Funding Agreement (FA). The Compact lays out the broad government-to-government relationship between the Tribe and the Secretary of HHS. The Funding Agreement is the operational document and spells out the length of the agreement (annual or multi-year), which IHS Programs, Services, Functions, and Activities (PSFAs) the Tribe will assume (or which portions of them), the funding that goes with that assumption, and any terms required by federal law plus any additional terms both parties agree to. Once signed by both sides, these agreements are enforceable, and they can be renegotiated later at the Tribe’s request.

A major emphasis in the opportunity is that TSGP negotiations are not a simple funding allocation exercise. They are meant to be a collaborative, tribally driven process where both Tribal and federal teams work through program and budget details in good faith, using accurate and current information. The negotiations model is intended to support Tribal priority-setting when taking on IHS PSFAs, respect the government-to-government relationship, and ensure active participation by Tribal representatives and IHS officials, including the Office of Tribal Self-Governance (OTSG).

The opportunity outlines four main stages of negotiations: 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 expected to include legal and budget research, internal governmental planning, and organizational preparation tied to administering health care programs. This stage is positioned as critical because it helps Tribes decide what PSFAs they want to assume and what internal changes they may need to manage those responsibilities. Strong planning is also framed as a way to make later negotiations faster and more efficient.

During pre-negotiations, the Tribe and IHS review and discuss the issues surfaced in planning. This may happen through formal meetings, informal meetings, or conference calls, and it is used to tee up the key questions tied to the Compact, the FA, and Tribal shares. Before final negotiations, the Tribe is encouraged to work with IHS to gather concrete materials that will drive the final agreement, including program titles and descriptions, financial tables and supporting information, details on residuals (including identification and justification), and the basis for determining Tribal shares, such as distribution formulas. Tribes may also review projections for the coming year and understand why funding may increase or decrease in the current year.

Final negotiations are the point where both teams align on the final terms and provisions in the Compact and Funding Agreement. The process anticipates that issues will come up and requires both teams to work through them until the written documents reflect what has been agreed to. Post-negotiations then covers the final review and signature workflow: the authorizing Tribal official signs and submits the package to the Agency Lead Negotiator (ALN), who reviews it to confirm it matches what was negotiated. After that, the package goes to OTSG to be prepared for the IHS Director’s signature, assuming no unresolved issues block execution. Once both parties sign, the Compact and FA take effect, and the Tribe can move into payment processes and participation as a Self-Governance Tribe.

The description also clarifies who is involved. On the Tribal side, the Tribe selects its negotiation representatives, which may include elected leadership, a health director, technical staff, legal counsel, and consultants. A key requirement is that Tribal negotiators have decision-making authority from the Tribal governing body so agreements can be reached. On the federal side, the negotiations team is led by the ALN, and can include IHS area and headquarters staff, OTSG, finance and accounting staff, and the Office of the General Counsel. Importantly, the ALN is identified as the only federal team member with delegated authority to negotiate on behalf of the IHS Director, and the ALN also serves as a central coordinator for information, planning support, meeting logistics, and responses to Tribal questions.

From the published funding details, the opportunity number is HHS-2018-IHS-TSGN-0001, created April 18, 2018, with an original closing date of June 18, 2018. It uses a cooperative agreement funding instrument within the health activity category (CFDA 93.444). Eligible applicants include federally recognized Tribal governments, Tribal organizations (including those other than federally recognized Tribal governments, with additional eligibility details referenced in the full announcement), and other applicants as allowed by the notice. The award ceiling is $48,000, and IHS expected to make about 5 awards.

Finally, the notice makes two important boundary points. First, receiving a Negotiation Cooperative Agreement is not required to enter the TSGP; Tribes can use other resources to plan and negotiate (referencing 42 C.F.R. 137.26). Second, even if a Tribe receives the award, it is not obligated to enter Title V; a Tribe can still choose to delay participation, decline participation, or decide not to expand an existing self-governance arrangement.

• The Department of Health and Human Services, 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.
• This funding opportunity was created on Apr 18, 2018.
• Applicants must submit their applications by Jun 18, 2018. (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: 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).

Apply for HHS 2018 IHS TSGN 0001

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