Indian Self-Determination

To enable Indian tribes to assume the management and operation of programs, functions, services, and activities (PFSA) for the delivery of health care to Indian people.

To enter into a self- determination contract or contracts with Indian tribes or tribal organizations (T/TO) interested in transferring
the responsibility for the administration and provision of health services from the government to tribal leadership.

Agency - Department of Health and Human Services

The Department of Health and Human Services is the Federal government's principal agency for protecting the health of all Americans and providing essential human services, especially to those who are least able to help themselves.

Office - None.

Program Contact: Jennifer Cooper, Acting Director, Office of Direct Service and Contracting Tribes, 5600 Fishers Lane, Mail Stop: 08E02, Rockville, MD 20857.

Telephone: (301) 443-1104. Grants Management Contact: Mr. Robert Tarwater, Director, Division of Grants Management, Indian Health Service, 5600 Fishers Lane, Mail Stop 09E70, Rockville, MD 20857.

Telephone: (301) 443-5204, Fax (301) 594-0899.
Website Address

http://www.ihs.gov




Program Accomplishments

Not Applicable.

Uses and Use Restrictions

Funds are for the tribes to provide the PFSAs transferred from the Indian Health Service (IHS).

The funds are not available for construction unless specifically authorized by Congress.

Tribes can reallocate funds within their budget from one line item to another without contract modifications.

Tribes also receive administrative funds for the contracted programs.

Eligibility Requirements

Applicant Eligibility

Any federally-recognized tribe that formally requests, through a governing body action, a resolution, to enter into a self-determination contract or contracts for the purpose of planning, conducting, and administering programs, or portions thereof, including construction programs, provided that the T/TO submits a contract proposal that conforms to the requirements contained in 25 CFR 900.8 may apply.

Beneficiary Eligibility

Indian tribes will benefit.

Credentials/Documentation

No Credentials or documentation are required. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

The Agency shall, within 30 days of receipt of a notice of intent to contract, provide the tribe pre- proposal technical assistance, if requested to do so.

The Agency will also notify the tribe of the amount of funds available to contract, under 106(a) of the ISDA, and begin planning for the transfer of responsibilities and funding to the tribe.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. A tribe or tribal organization may submit a proposal for a self-determination contract or a proposal to amend or renew an existing contract. Unless there is a declination issue the Secretary shall within 90 days after receiving the proposal, approve the proposal and award a contract to the tribe. Declination issues are: (A) The service to be rendered to the Indian beneficiaries of the particular program or function to be contracted will not be satisfactory; (B) adequate protection of trust resources is not assured; (C) the proposed project or function to be contracted for cannot be properly completed or maintained by the proposed contract; (D) the amount of funds proposed under the contract is in excess of the applicable funding level for the contract as determined under Section 106(a); or (E) the program, function, service, or activity (or portion thereof) that is the subject of the proposal is beyond the scope of programs, functions, services, or activities covered under paragraph (1) because the proposal includes activities that cannot lawfully be carried out by the contractor.

Award Procedures

The agency negotiation team and the representatives of the tribe shall develop the agenda for the contract negotiation session(s). The agency negotiation team should assure that any issues identified during the proposal review stage, together with any agency recommendations for overcoming these issues, are raised at the negotiations. Title I contracts are generally awarded at the area office level. They are awarded for a definite period of time (1 to 3 years) or may be designated as 'mature' and awarded for a definite or indefinite period of time.

Deadlines

Contact the headquarters or regional office, as appropriate, for application deadlines.

Authorization

Indian Self-Determination and Education Assistance Act, Title 1, Section 102, Public Law 93-638.

Range of Approval/Disapproval Time

From 60 to 90 days.

Appeals

Section 102 of the ISDA and Subpart L of the regulations are the basic sections covering the appeal procedures. Section 900.150 of 25 CFR lists the decisions a T/TO can appeal under Subpart L (25 CFR 900.150-169). The procedures here apply to those appeals. Also, 25 CFR Section 900.151 of the regulations describes appeals that are covered under Subpart N of the regulations and other appeals. The T/TO has three options in appealing a decision under 25 CFR 900-150. The T/TO can request an informal conference and/or can file a formal appeal. The T/TO also has the option of going directly to the Federal court at any time.

Renewals

Annual funding agreements are renegotiated and renewed annually. Title I contracts may be designated as 'mature' and awarded for a definite or indefinite period of time.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. Matching Requirements: A T/TO may use funds provided under a Title I contract to meet matching or close participation requirements under other Federal and nonfederal programs. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

n/a. Method of awarding/releasing assistance: quarterly.

Post Assistance Requirements

Reports

No reports are required.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503. Section 5(f) of the ISDA requires a T/TO to submit an annual 'Single Audit Act' as required by Chapter 75 of Title 31 U.S.C. OMB Circular No. A-133, Audits of States, Local Governments and Nonprofit Organizations, revised June 24, 1997, rescinded circular No. A-128 and superseded the Prior version of A-133. Revised circular No. A-133 now applies to T/TO.

Records

Department of Health and Human Services (DHHS) and the Comptroller General of the United States or any of their authorized representatives, shall have the right to access any books, documents, papers, or other records of a grantee, subgrantee, contractor, or subcontractor, which are pertinent to the HHS award, in order to make audits, examinations, excerpts, and transcripts. Grantees are required to maintain accounting records 3 years after the end of the budget period of the award. If any litigation, claim, negotiation, audit or other action involving the records shall be retained until completion of the action and resolution of all issues arising from it, or until the end of the regular 3-year period, whichever is later.

Financial Information

Account Identification

75-0391-0-1-551.

Obigations

(Direct Payments for Specified Use) FY 16 $458,327,678; FY 17 est $458,327,678; and FY 18 est $458,327,678

Range and Average of Financial Assistance

$31,963 to $25,950,652; $1,722,872.

Regulations, Guidelines, and Literature

Public Law 93-638, as amended, Internal Agency Procedures Manual for Contracting Under Title I of the Indian Self-Determination and Education Assistance Act; Indian Health Circular No. 2000-01, 'Contract Support Costs apply.'

Information Contacts

Regional or Local Office

None. Program Contact: Jennifer Cooper, Acting Director, Office of Direct Service and Contracting Tribes, 5600 Fishers Lane, Mail Stop: 08E02, Rockville, MD 20857. Telephone: (301) 443-1104. Grants Management Contact: Mr. Robert Tarwater, Director, Division of Grants Management, Indian Health Service, 5600 Fishers Lane, Mail Stop 09E70, Rockville, MD 20857. Telephone: (301) 443-5204, Fax (301) 594-0899.

Headquarters Office

Grants Policy Office, 5600 Fishers Lane, Mail Stop: 09E70, Rockville, Maryland 20857 Email: grantspolicy@ihs.gov Phone: (301) 443-5204.

Criteria for Selecting Proposals

Applicants who meet the requirements of Section 102 of Public Law 93-638, as amended, and provide a proposal in accordance with 25 CFR 900 will be funded.



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