Office of Tribal Self-Governance Negotiation Cooperative Agreement | HHS 2019 IHS TSGN 0001

Opportunity Information: Apply for HHS 2019 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 practical costs of getting ready for and taking part in Tribal Self-Governance Program (TSGP) negotiations. The central idea is straightforward: negotiations require time, staff, expertise, preparation, and accurate financial and program information, and this cooperative agreement helps defray those expenses so Tribes can participate effectively and on equal footing. The opportunity recognizes that TSGP negotiations are tribally driven and that each Tribe enters the process with its own healthcare priorities, organizational realities, and plans for assuming responsibility for IHS Programs, Services, Functions, and Activities (PSFAs).

At the heart of this grant is support for the negotiation process that leads to two key, legally binding documents required for participation in TSGP: the Compact and the 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 implementation document that gets specific, including how long the agreement will last (annual or multi-year), which PSFAs (or portions of them) the Tribe will assume, the funding amount associated with that assumption, and any mandatory statutory terms plus other mutually agreed provisions. Once signed by both parties, these documents are enforceable, and either one can be renegotiated at the Tribe’s request, which reflects the ongoing and adaptable nature of self-governance.

The opportunity also explains the four major stages of negotiations that the funding is meant to help Tribes navigate: planning, pre-negotiations, negotiations, and post-negotiations. The planning phase is emphasized as essential and is required under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA). During planning, Tribes undertake legal and budget research and internal government preparation tied to administering health care programs (referenced at 25 U.S.C. 5383(d)). This is where a Tribe assesses what it wants to assume, what resources and organizational changes are needed, and how to structure its health program to successfully manage transferred PSFAs. Strong planning is presented as a way to reduce delays later and to ensure the Tribe is ready to take on new responsibilities once agreements are finalized.

During pre-negotiations, the Tribal and Federal teams begin working through the issues surfaced in planning and start aligning on the building blocks of the Compact and FA. This phase can happen through formal meetings or a series of calls and working sessions. A practical focus here is gathering and validating key information that will drive final agreement, such as program titles and descriptions, financial tables, the identification and justification of residuals, and the formula or basis for determining Tribal shares. Tribes may also review projected funding for upcoming years and understand why funding might increase or decrease in the current year. This phase sets the table for final negotiations by reducing uncertainty and making sure the parties are working from shared, current data.

Final negotiations are described as a good-faith effort by both sides to agree on the terms and provisions of the Compact and Funding Agreement. Importantly, the notice clarifies that negotiations are not an allocation process; instead, they are meant to be a structured way to jointly review and resolve program and budget issues so the final documents accurately reflect what the Tribe will assume and how it will be funded. As new issues come up, both teams work through them to reach agreement. After negotiations conclude, post-negotiations involve final review and signature routing. The Tribe signs and submits the package to the Area Lead Negotiator (ALN), who checks that the documents match what was negotiated and then forwards them to the Office of Tribal Self-Governance (OTSG) for preparation for the IHS Director’s signature, assuming no unresolved issues remain. Once both sides sign, the Compact and FA are in force and the payment process can begin, at which point the Tribe becomes a Self-Governance Tribe participating in TSGP.

The opportunity highlights who typically participates in negotiations and how authority is structured. On the Tribal side, the Tribe selects its negotiation representatives, often including leadership, a health director, technical and program staff, legal counsel, and consultants. A key requirement in practice is that Tribal negotiators must have decision-making authority from the Tribal governing body so they can finalize agreement terms. On the Federal side, the negotiation team is led by the Area Lead Negotiator, supported by area and headquarters staff such as OTSG, finance, and legal counsel. The ALN is specifically 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 organizer and information conduit throughout planning and negotiations.

Administratively, the funding opportunity is listed as HHS-2019-IHS-TSGN-0001 under CFDA 93.444 (health). The funding instrument is a cooperative agreement, which typically means there is an expectation of involvement or partnership-style coordination with the federal agency compared to a standard grant. Eligible applicants include federally recognized Native American tribal governments, Native American tribal organizations (other than federally recognized tribal governments), and other eligible entities as described in the full eligibility language. The opportunity was created August 13, 2019, with an original closing date of October 23, 2019. Awards were expected to be limited in number (5 anticipated awards) with an award ceiling of $48,000.

Finally, the notice makes two important participation points that prevent misunderstandings. First, receiving a Negotiation Cooperative Agreement is not required to enter the Tribal Self-Governance Program; Tribes can use other resources to develop and negotiate their Compact and Funding Agreement (referencing 42 CFR 137.26). Second, receiving this cooperative agreement does not obligate a Tribe to enter or expand within Title V self-governance. A Tribe can accept the support for negotiation preparation and still decide to delay, scale back, or ultimately decline participation or expansion, depending on what it determines is best for its community and health system goals.

• 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 Aug 13, 2019.
• Applicants must submit their applications by Oct 23, 2019. (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).

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