Content provided by the Catalog of Federal Domestic Assistance
HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN SERVICES
Self-Determination and Education Assistance Act, Title I, Public
Law 93-638, as amended, Section 102; Contract Disputes Act of 1978;
31 U.S.C. 75.
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.
Direct Payments for Specified Use.|
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AND USE RESTRICTIONS:
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: 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.
AND AWARD PROCESS:
Eligibility: Indian tribes will benefit.
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. This program is excluded
from coverage under E.O. 12372.
Procedure: 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
Procedure: The agency negotiation learn 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
(1) The tribe must be notified within 2 days of the receipt of
a proposal that the agency has received their proposal; (2) within
7 days of the receipt of a proposal the agency will assemble a
proposal review team; (3) within 15 days of the receipt of a proposal
the tribe will be notified of any missing information; (4) if
a tribe requests technical assistance it will be provided within
30 days of the date of the request from the tribe; (5) final negotiations
should be completed within 60 days of the receipt of a proposal;
and (6) the agency has 90 days from the date of the receipt of
a proposal to review and award or decline a contract proposal.
of Approval/Disapproval Time: Provisions of
the Contract Disputes Act of 1978 (CDA) describe the procedures
the agency will follow for claims in excess of $100,000 and claims
for less than $100,000.
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.
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.
and 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.
and Time Phasing of Assistance: Not applicable.
Unless required by statute, there are no mandatory reporting requirements
for Title I contracts. Each T/TO shall negotiate with the agency
the type and frequency of program narrative and program data report(s),
that respond to the needs of the contracting parties and that are
appropriate for the purposes of the contract.
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 USC. 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. In accordance with the provisions of OMB Circular No.
A-133, (Revised, June 24, 1997), "Audits of States, Local Governments,
and Nonprofit Organizations," nonfederal entities that expend
financial assistance of $300,000 or more in Federal awards will
have a single or a program-specific audit conducted for that year.
Nonfederal entities that expend less than $300,000 a year in Federal
awards are exempt from Federal audit requirements for the year,
except as noted in Circular No. A-133.
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
Identification: 75-0390-0-1-551; 75-0391-0-1-551.
(Direct Payments) FY 01 $472,067,000; FY 02 est $490,000,000;
and FY 03 est $509,600,000.
and Average of Financial Assistance:
From $31,963 to $25,950,652. Average: $1,722,872.
The transfer of responsibility for the delivery of health care from
the IHS to the tribes for the delivery of their own health care
has been successful. Forty-two percent of the IHS budget has been
transferred to contracting and compacting tribes to deliver IHS
funded services to their own communities. The remaining 58 percent
of the IHS budget funds IHS managed health care delivery systems.
There are Indian self-determination contracts covering tribally
operated facilities that include three hospitals, 97 health centers,
one school health center, and 65 health stations. Similar support
is expected in fiscal year 2002 and fiscal year 2003.
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."
or Local Office: Aberdeen Area IHS, Alaska Area
IHS, Albuquerque Area IHS, Bemidji Area IHS, Billings Area IHS,
California Area IHS, Nashville Area IHS, Navajo Area IHS, Oklahoma
City Area IHS, Phoenix Area IHS, Portland Area IHS, and Tucson Area
Office: Mr. Douglas Black, Director, Office
of Tribal Programs, Indian Health Service, 801 Thompson Avenue,
Suite 220, Rockville, MD 20852. Telephone: (301) 443-1104.
Site Address: http://www.ihs.gov
OF FUNDED PROJECTS:
Hospitals and Health Clinics, Dental Health, Mental Health, Alcohol
and Substance Abuse, Contract Health Service, HIV/AIDS, Public Health
Nursing, Health Education, Community Health Representatives, Immunization
AK, Indian Health Professionals, Director Operations, Contract Support
Costs, Diabetes, Catastrophic Health Emergency Fund, Facilities
Maintenance and Improvement, Sanitation Facilities Construction,
Health Care Facilities Construction, Facilities and Environmental
Health Support, Equipment, and Personnel Quarters.
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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