Office of Tribal Self-Governance Negotiation Cooperative Agreement | HHS 2017 IHS TSGN 0001

Opportunity Information: Apply for HHS 2017 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), intended to help Tribes cover practical, up-front costs tied to preparing for and taking part in Tribal Self-Governance Program (TSGP) negotiations. The basic idea is to reduce the financial burden of getting ready for negotiations that can be detailed and time-intensive, especially because every Tribe comes to the table with different health system needs, organizational structures, and plans for assuming IHS programs. The opportunity recognizes that negotiations under the TSGP are not a one-size-fits-all exercise. They are described as Tribally driven and collaborative, requiring accurate, current information sharing between the Tribe and the Federal government so both sides can work through program and funding details in an informed way.

At the center of TSGP participation are two negotiated implementation documents: 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 gets more specific and functions as the operational and financial blueprint for self-governance in health. It spells out how long the agreement will last (annual or multi-year), which IHS programs, services, functions, and activities (PSFAs) the Tribe will assume (in whole or in part), the funding tied to that assumption, and any required statutory terms along with other mutually agreed provisions. Once signed by both parties, these documents become legally binding and enforceable. The opportunity also emphasizes Tribal flexibility: either the Compact or the FA can be renegotiated at the Tribe's request, reflecting that self-governance arrangements can evolve as Tribal priorities or capacities change.

The grant is structured around the realities of the negotiations process, which is described in four stages: planning, pre-negotiations, negotiations, and post-negotiations. The planning stage is required under Title V of the Indian Self-Determination and Education Assistance Act (ISDEAA) and must be completed to the Tribe's satisfaction. Planning is expected to include legal research, budgetary research, and internal Tribal government preparation related to administering health care programs, as referenced in 25 U.S.C. Section 5383(d). This phase is treated as essential because it helps a Tribe decide which PSFAs to take on, identify what organizational changes may be needed to manage them, and enter negotiations with a clear and workable strategy. Strong planning is also framed as a way to make later negotiations more timely and efficient and to ensure the Tribe is ready for the operational transfer of responsibilities from IHS to the Tribal health program.

Pre-negotiations follow, giving both the Tribal and Federal teams a chance to review and talk through issues uncovered during planning. These discussions can happen through formal meetings or more informal formats like conference calls, and they focus on the Compact, the Funding Agreement, and Tribal shares. The notice highlights several key items a Tribe typically works with IHS to obtain before final negotiations, including program titles and descriptions, detailed financial tables, information needed to identify and justify residuals, and the basis for determining Tribal shares (the distribution formula). Tribes may also seek forward-looking financial information, such as next-year estimated funding and explanations for year-to-year increases or decreases, so they can understand what is driving funding levels and plan accordingly.

Final negotiations are described as a good-faith process where both teams work through the draft documents and funding tables to reach agreement on final terms. A notable point is that negotiations are explicitly characterized as not being an "allocation" process. Instead, they are meant to allow both sides to jointly review budgets and program assumptions, surface issues, and resolve them until the Compact and FA accurately reflect the agreed approach. Post-negotiations then focuses on document finalization and signature. After the Tribe signs, the final package is submitted to the Area Lead Negotiator (ALN), who checks that the documents match what was negotiated, and then forwards the package to the Office of Tribal Self-Governance (OTSG) for preparation for the IHS Director's signature as long as no outstanding issues block approval. Once both parties sign, the agreements are enforceable and the payment process can begin, at which point the Tribe becomes a self-governance participant in the TSGP.

The opportunity also explains who is typically involved on each side. Tribes choose their own negotiation representatives and team members, which may include elected leadership, a Tribal health director, technical or program staff, legal counsel, and consultants. A key expectation is that Tribal representatives have decision-making authority from the Tribal governing body so agreements can be reached during negotiations. On the Federal side, the negotiation team is led by the Area Lead Negotiator, who is the only team member with delegated authority to negotiate on behalf of the IHS Director. The ALN acts as the main point of coordination, providing self-governance information, assisting with planning, organizing meetings, and coordinating responses to Tribal questions. The Federal team can also include area and headquarters staff, including OTSG, the Office of Finance and Accounting, and the Office of the General Counsel, reflecting that negotiations often involve both program and legal-financial details.

In terms of practical grant details, this is a cooperative agreement (not a standard grant), meaning recipients should expect an active Federal role consistent with cooperative agreement structures. The catalog number is CFDA 93.444, and the funding activity category is Health. 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 section of the announcement. For the cited funding cycle, the opportunity number is HHS-2017-IHS-TSGN-0001, created May 23, 2017, with an original closing date of June 23, 2017. The award ceiling listed is $48,000, and IHS anticipated making about 5 awards.

Finally, the notice makes two important boundary-setting points. First, receiving this Negotiation Cooperative Agreement is not required to enter the TSGP; a Tribe can use other resources to develop and negotiate its Compact and Funding Agreement (referencing 42 C.F.R. Section 137.26). Second, even if a Tribe receives an award, it is not obligated to participate in Title V self-governance right away, and it may choose to delay, decline, or limit participation or expansion. In other words, the funding is positioned as support for informed decision-making and negotiation readiness, not as a commitment device that forces a Tribe into self-governance before it is ready.

• 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 May 23, 2017.
• Applicants must submit their applications by Jun 23, 2017. (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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