Tribal Self-Governance Program Negotiation Cooperative Agreement; Initial Discretionary Funding Cycle for Fiscal Year 2005, Funding Opportunity Number: HHS-2005-IHS-TSGP-002, CFDA Number: 93.210, 32363-32367 [05-10958]

Agencies

• DEPARTMENT OF HEALTH AND HUMAN SERVICES
• Indian Health Service

[Federal Register Volume 70, Number 105 (Thursday, June 2, 2005)]
[Notices]
[Pages 32363-32367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10958]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Indian Health Service


Tribal Self-Governance Program Negotiation Cooperative Agreement; 
Initial Discretionary Funding Cycle for Fiscal Year 2005, Funding 
Opportunity Number: HHS-2005-IHS-TSGP-002, CFDA Number: 93.210

    Key Dates: Applications Due--July 8, 2005; Objective Review 
Committee to Evaluate Applications--August 3-4, 2005; Anticipated 
Project Start Date--September 15, 2005.

[[Page 32364]]

I. Funding Opportunity Description

    The purpose of the program is to award cooperative agreements that 
provide negotiation resources to Tribes interested in participating in 
the Tribal Self-Governance Program (TSGP) as authorized by Title V, 
Tribal Self-Governance Amendments of 2000 of the Indian Self-
Determination and Education Assistance Act of Public Law (Pub. L.) 93-
638, as amended. The TSGP is designed to promote self-determination by 
allowing Tribes to assume more control of Indian Health Service (IHS) 
programs and services through compacts negotiated with the IHS. The 
Negotiation Cooperative Agreement provides Tribes with funds to help 
cover the expenses involved in preparing for and negotiating with the 
IHS and assists eligible Indian Tribes to prepare for Compacts and 
Funding Agreements (FAs) with an effective date of October 1, 2005, or 
January 1, 2006.
    The Negotiation Cooperative Agreement provides resources to assist 
Indian Tribes to conduct negotiation activities that include but not 
limited to:
     Analysis of the complex IHS budget to determine what 
programs, services, functions, and activities (PSFAs) will be 
negotiated.
     Development of the terms and conditions that will be set 
forth in a Compact and Funding Agreement (FA).
     Consultant costs such as Attorney or Financial Advisors.
     Communication Costs.
     Identification of tribal shares that will be included in 
the FA.
    The award of a Negotiation Cooperative Agreement is not required as 
a prerequisite to enter the TSGP. Indian tribes that have completed 
comparable health planning activities in previous years using tribal 
resources but have not received a Tribal self-governance planning award 
are also eligible to apply. A report of the applicant's health planning 
activity must accompany the application.

II. Award Information

    Type of Award: Cooperative Agreement.
    Estimated Funds Available: The total amount identified for fiscal 
year (FY) 2005 is $240,000 for approximately twelve (12) Tribes to 
enter the TSGP negotiation process for compacts beginning in fiscal 
year (FY) 2006 or calendar year (CY) 2006. Awards under this 
announcement are subject to the availability of funds.
    Anticipated Number of Awards: The estimated number of awards to be 
funded is approximately 12.
    Project Period: 12 months.
    Award Amount: $20,000 per year.
    Programmatic Involvement: IHS TSGP funds will be awarded as 
cooperative agreements and will have substantial programmatic 
involvement to establish a process through which Tribes can effectively 
approach the IHS to identify programs and associated funding which 
could be incorporated into programs.
    The IHS roles and responsibilities will include:
     Identification of IHS staff that will consult with 
applicants on methods used by the IHS to manage and deliver health 
care.
     Provide applicants with a list of laws and regulations 
that provide authority for the various IHS programs.
    The Grantee roles and responsibilities will include:
     Research and analysis of the complex IHS budget, at the 
Service Unit, Area, and Headquarters levels.
     Establishment of a basic understanding of IHS PSFAs 
operations at the Service Unit, Area, and Headquarters levels.

III. Eligibility Information

1. Eligible Applicants

    To be eligible for a negotiation cooperative agreement under this 
announcement, an applicant must meet all of the following criteria:
    A. Be a Federally-recognized Tribe as defined in Title V, Pub. L. 
106-260, Tribal Self-Governance Amendments of 2000, of the Indian Self-
Determination and Education Assistance Act (the Act), Pub. L. 93-638, 
as amended. However, Alaska Native Villages or Alaska Native village 
corporations, who are located within the area served by an Alaska 
Native regional health entity already participating in compact status, 
are not eligible (Pub. L. 106-260, Title V, Section 12(a)(2)). Those 
Tribes not represented by a self-governance Tribal consortium compact 
that have previously received negotiation funds may still be considered 
to participate in the TSGP, subject to the provisions in this 
announcement, however, with the following exception cited in Section 
351, Pub. L. 105-277, the FY 1999 Omnibus appropriations Bill: 
``Notwithstanding any other provision of law, prior to September 1, 
2001, the IHS may not disburse funds for the provision of health care 
services pursuant to Pub. L. 93-638 (25 U.S.C. 450, et seq.) with any 
Alaska Native Village or Alaska Native Village Corporation that is 
located within the area served by an Alaska Native regional health 
entity.``

2. Cost Sharing or Matching Funds

    The Self-Governance Negotiation Cooperative Agreement Announcement 
does not require matching funds or cost sharing to participate in the 
competitive grant process.

3. Other Requirements

    The following documentation is required (if applicable):
    A. This program is described at 93.210 in the Catalog of Federal 
Domestic Assistance. There is limited competition under this 
announcement because the authorizing legislation restricts eligibility 
to Tribes that meet specific criteria. (Refer to Section III, Eligible 
Applicants in this announcement.)
    B. Request participation in self-governance by resolution by the 
governing body of the Indian Tribe. An Indian Tribe that is proposing a 
cooperative agreement affecting another Indian Tribe must include 
resolutions from all affected Tribes to be served.
    C. Demonstrate, for three FY's, financial stability and financial 
management capability, which is defined as no uncorrected significant 
and material audit exceptions in the required annual audit of the 
Indian Tribe's self-determination contracts or self-governance funding 
agreements with any Federal agency.
    D. Applicants must submit copies of audits prescribed by Pub. L. 
98-502, the Single Audit Act, as amended (see OMB Circular A-133, 
revised June 24, 2997, Audits of States, Local Governments, and Non-
Profit Organizations), for the three previous fiscal years. If this 
documentation is not submitted, the application will be considered as 
unresponsive and will not be considered.
    E. Tribal Resolution--A resolution of the Indian Tribe served by 
the project must accompany the application submission. An Indian Tribe 
that is proposing a project affecting another Indian Tribe must include 
resolutions from all affected Tribes to be served. Draft resolutions 
are acceptable in lieu of an official resolution. However, an official 
signed Tribal resolution must be received by the Division of Grants 
Operations (DGO) prior to the beginning of the Objective Review (August 
3-4, 2005). If an official signed resolution is not submitted by August 
2, 2005, the application will be considered incomplete and will be 
returned without consideration.*

* It is highly recommended that the Tribal resolution be sent by 
Federal Express for proof of receipt.


[[Page 32365]]



IV. Application and Submission Information

    1. Address to request application package: Interested parties may 
request a copy of the application kit from either of the following 
persons:
    Ms. Mary E. Trujillo, Office of Tribal Self-Governance, Indian 
Health Service, 801 Thompson Avenue, Suite 240, Rockville, Maryland 
20852, (301) 443-7821.
    Ms. Patricia Spotted Horse, Division of Grants Operations, Indian 
Health Service, 801 Thompson Avenue, TMP 100, Rockville, Maryland 
20852, (301) 443-5204.
     Web address to obtain application kit: https://www.ihs.gov/
NonMedicalPrograms/SelfGovernance.
    2. Content and Form of Application Submission: A. All applications 
should:
     Be single spaced.
     Be typewritten.
     Have consecutively numbered pages.
     Use black type not smaller than 12 characters per one 
inch.
     Be printed on one side only of standard size 8\1/2\'' x 
11'' paper.
     Not be tabbed, glued, or placed in a plastic holder.
     Contain a narrative that does not exceed 7 typed pages 
that includes the sections listed below. (The 7 page narrative does not 
include the work plan, standard forms, Tribal resolution(s), table of 
contents, budget, budget justifications, narratives, and/or other 
appendix items.)
    Public Policy Requirements: All Federal-wide public policies apply 
to IHS grants with exception of Lobbying and Discrimination.
    B. For paper application submission, include in the application the 
following documents in the order presented. The Application Receipt 
Record, Checklists, General Information Page, Standard Forms, 
Certifications, and Disclosure of Lobbying Activities documents will be 
available in the appendix of application kit.
     Application Receipt Record, IHS-815-1A (Rev. 3/05).
     FY 2005 Application Checklist.
     Tribal Resolution (final signed or draft unsigned).
     Standard Form 424A, Application for Federal Assistance.
     Standard Form 424A, Budget Information--Non-Construction 
Programs (pages 1-2).
     Standard Form 424B, Assurance--Non-Construction Programs 
(front and back). The application shall contain assurances to the 
Secretary that the applicant will comply with program regulations, 42 
CFR Part 36, Subpart H.
     Certifications (pages 17-19).
     PHS-5161 Checklist (pages 25-26).
     Disclosure of Lobbying Activities
     Table of Contents with corresponding numbered pages.
     Project Narrative not to exceed 7 typewritten pages.
     Categorical Budget and Budget Justification.
     Appendix Items.
    3. Submission Dates and Times: Applications must be postmarked on 
or before Friday, July 8, 2005. Include one original and two complete 
copies of the final proposal with all required signatures and 
documentation. Mark the original application with a cover sheet that 
states, ``Original Grant Application.'' Mail or hand-deliver 
applications to the Division of Grants Operations, Indian Health 
Service, 801 Thompson Avenue, TMP 100, Rockville, Maryland 20852. 
Please note: All mailed applications must be postmarked on or before 
July 8, 2005. Applications are cautioned that express/overnight mail 
services do not always deliver as agreed. IHS cannot accommodate 
transmission of applications by Fax or E-mail. IHS does not acknowledge 
receipt of applications received.
    Hand Delivered Proposals: Hand-delivered proposals will be accepted 
from 8 a.m. to 5 p.m. eastern standard time, Monday through Friday. 
Applications will be considered to meet the deadline if they are 
received on or before the deadline, with hand-carried applications 
received by close of business July 8, 2005, at 5 p.m., eastern standard 
time. For mailed applications, a dated, legible receipt from a 
commercial carrier or the U.S. Postal Service will be accepted in lieu 
of a postmark. Private metered postmarks will not be accepted as proof 
of timely mailing. Late applications not accepted for processing will 
be returned to the applicant and will not be considered for funding. 
Receipt of applications will be acknowledged via the IHS-815-1A (Rev. 
3/05) Application Receipt Record.
    4. Intergovernmental Review: This funding opportunity is not 
subject to Executive Order 12372, ``Intergovernmental Review of Federal 
Programs.'' State approval is not required.
    5. Funding Restrictions:
    A. Only one negotiation cooperative agreement will be awarded per 
applicant.
    B. Each negotiation cooperative agreement shall not exceed $20,000. 
The available funds are inclusive of direct and indirect costs.
    C. Negotiation awards shall not exceed a maximum period of one 
year.
    D. Pre-award costs are not allowable.
    6. Other Submission Requirements:
    The applicant must comply with the following:
    A. Abstract (one page)--Summarizes the project.
    B. Application for Federal Assistance (SF-424, Rev. 09/03).
    C. Narrative (no more than 7 pages) with time frame chart (one 
page); pages numbered consecutively, including appendices, and Table of 
Contents, and should include the following:
    (1) Background information on the Tribe.
    (2) Objectives and activities that provide a description of what 
will be accomplished.
    (3) A line-item budget and narrative justification.
    (4) Appendix to include:
    a. Resumes or position descriptions of key staff.
    b. Contractors/Consultants resumes or qualifications.
    c. Proposed Scope of Work.
    d. Application Receipt Card (IHS 814-1A, Rev. 3/05).
    e. Two copies of a report of health activities that have been 
performed either through an IHS Self-Governance Health Cooperative 
Agreement or a comparable health-project.
    Electronic Transmission--You may submit your application to us in 
either electronic or paper format. To submit an application 
electronically, please use the https://www.Grants.gov apply site. If you 
use Grants.gov, you will be able to download a copy of the application 
package, complete it offline and then upload and submit the application 
via the Grants.gov site. You may not e-mail an electronic copy of a 
grant application to us.
    Please note that if you plan to submit your application 
electronically via Grants.gov:
     Electronic submission is voluntary.
     When you enter the Grants.gov site, you will find 
information about submitting an application electronically through the 
site, as well as the hours of operation. We strongly recommend that you 
do not wait until the deadline date to begin the application process 
through Grants.gov.
     To use Grants.gov, you, as the applicant, must have a DUNS 
Number and register in the Central Contractor Registry (CCR). You 
should allow a minimum of five days to complete CCR registration. See 
below on how to apply.
     You will not receive additional point value because you 
submit a grant application in electronic format, nor will we penalize 
you if you submit an application in paper format.
     You may submit all documents electronically, including all 
information

[[Page 32366]]

typically included on the SF-424 and all necessary assurances and 
certifications.
     Your application must comply with any page limitation 
requirements described in the program announcement.
     After you electronically submit your application, you will 
receive an automatic acknowledgment from Grants.gov that contains a 
Grants.gov tracking number. The Indian Health Service will retrieve 
your application from Grants.gov.
     You may access the electronic application for this program 
on https://www.Grants.gov.
     You must search for the downloadable application package 
by CFDA number.
    E-mail applications will not be accepted under this announcement.

DUNS Number

    Beginning October 1, 2003, applicants were required to have a Dun 
and Bradstreet (DUNS) number to apply for a grant or cooperative 
agreement from the Federal Government. The DUNS number is a nine-digit 
identification number, which uniquely identifies business entities. 
Obtaining a DUNS number is easy and there is no charge. To obtain a 
DUNS number, access https://www.dunandbradstreet.com or call 1-866-705-
5711. Interested parties may wish to obtain their DUNS number by phone 
to expedite the process.
    To submit an application electronically, applicants must also be 
registered with the Central Contractor Registry (CCR). A DUNS number is 
required before CCR registration can be completed. Many organizations 
may already have a DUNS number. Please use the number listed above to 
investigate whether or not your organization has a DUNS number. 
Registration with the CCR is free of charge.
    Applicants may register by calling 1-888-227-2423. Please review 
and complete the CCR ``Registration Worksheet'' located in the appendix 
of the TSGP Negotiation Cooperative Agreement application kit or on 
https://www.grants.gov/CCRRegister.
    More detailed information regarding these registration processes 
can be found at https://www.grants.gov.

V. Application Review Information

    The instructions for preparing the application narrative also 
constitute the evaluation criteria for reviewing and scoring the 
application. Weights assigned to each section are noted in parentheses.

1. Criteria

Demonstration of Previous Planning Activities (30 Points)
    Thoroughness and appropriateness of planning activity to proposed 
scope of compact is demonstrated i.e., has the Indian Tribe determined 
the PSFAs to be assumed? Has the Indian Tribe determined it has the 
administrative infrastructure to support the assumption of the PSFAs? 
Are the results of what was learned or is being learned during the 
planning process clearly stated?
Thoroughness of Approach (25 Points)
    Is a specific narrative provided of the direction the Indian Tribe 
plans to take in the TSGP? How will the Tribe demonstrate improved 
health and services? Is the Indian Tribe ready to negotiate a compact 
to begin October 1, 2005 or January 1, 2006? Are proposed time lines 
for negotiations indicated?
Project Outcome (25 Points)
    What beneficial contributions are expected or anticipated to the 
TSGP projected? Is information provided on the services that will be 
assumed? How will any improvements be made to managing the health 
program under the TSGP to better serve its tribal members? Are tribal 
needs discussed in relation to programmatic alternatives and outcomes?
Administrative Capabilities (20 Points)
    Does the Indian Tribe clearly demonstrate knowledge and experience 
in the operation and management of other health programs? Is the 
internal management and administrative infrastructure of the applicant 
described and its relationship to the successful implementation of 
self-governance operation of health programs explained?
Appendix Items
     Work plan for proposed objectives.
     Position descriptions for key staff.
     R[eacute]sum[eacute]s of key staff that reflect current 
duties.
     Consultant proposed scope of work (if applicable).
     Indirect Cost Agreement.
     Organizational chart (optional).

2. Review and Selection Process

    In addition to the above criteria/requirements, applications are 
considered according to the following:
    A. Application Submission (Application Deadline: July 8, 2005). 
Applications submitted in advance of or by the deadline and verified by 
the postmark will undergo a preliminary review to determine that:
     The applicant and proposed project type is eligible in 
accordance with this grant announcement.
     The application is not a duplication of a previously 
funded project.
     The application narrative, forms, and materials submitted 
meet the requirements of the announcement allowing the review panel to 
undertake an in-depth evaluation; otherwise, it may be returned.
    B. Competitive Review of Eligible Applications (Objective Review: 
August 3-4, 2005).
    Applications meeting eligibility requirements that are complete, 
responsive, and conform to this program announcement will be reviewed 
for merit by the Objective Review Committee (ORC) appointed by the IHS 
to review and make recommendations on these applications. The review 
will be conducted in accordance with IHS Objective Review Guidelines. 
The technical review process ensures selection of quality projects in a 
national competition for limited funding. Applications will be 
evaluated and rated on the basis of the evaluation criteria listed in 
Section V.1. The criteria are used to evaluate the quality of a 
proposed project, determine the likelihood of success, and assign a 
numerical score to each application. The scoring of approved 
applications will assist the IHS in determining which proposals will be 
funded if the amount of TSGP funding is not sufficient to support all 
approved applications. Applications recommended for approval, having a 
score of 60 or above by the ORC and scored high enough to be considered 
for funding, are forwarded by the Division of Grants Operations (DGO) 
for cost analysis and further recommendation. The program official 
forwards the final approved list to the IHS Director for final review 
and approval. Applications scoring below 60 points will be disapproved 
and returned to the applicant.

    Note: In making final selections, the IHS Director will consider 
the ranking factor and the status of the applicant's single audit 
reports. The comments from the ORC will be advisory only. The IHS 
Director will make the final decision on awards.

VI. Award Administration Information

1. Award Notices

    The Division of Grants Operations (DGO) will not award a grant 
without an approved application in conformance with regulatory and 
policy requirements which describes the purpose and scope of the 
project to be funded. When the application is approved for funding, the 
DGO will prepare a Notice of Grant

[[Page 32367]]

Award (NGA) with special terms and conditions binding upon the award 
and refer to all general terms applicable to the award. The NGA will 
serve as the official notification of a grant award and will state the 
amount of Federal funds awarded, the purpose of the grant, the terms 
and conditions of the grant award, the effective date of the award, the 
project period, and the budget period.Any other correspondence 
announcing to the Project Director that an application was selected is 
not an authorization to begin performance.

2.Administrative and National Policy Requirements

    Grants are administered in accordance with the following documents:
     This grant announcement.
     Health and Human Services regulations governing Pub. L. 
93-638 grants at 42 CFR 36.101 et seq.
     45 CFR Part (2, ``Department of Health and Human Services, 
Uniform Administrative Requirements for Grants and Cooperative 
Agreements to State and Local Governments Including Indian Tribes,'' or 
45 CFR Part 74, ``Administration of Grants to Non Profit Recipients.''
     Public Health Service Grants Policy Statement.
     Grants Policy Directives.
     Appropriate Cost Principles: OMB Circular A-87, ``State 
and Local Governments,'' or ``OMB Circular A-122, ``Non-Profit 
Organizations.''
     OMB Circular A-133, ``Audits of States, Local Governments, 
and Non-Profit Organizations.''
     Other Applicable OMB Circulars.

3. Reporting

    A. Progress Report. Program progress reports are required semi-
annually. These reports will include a brief comparison of actual 
accomplishments to the goals established for the period, reasons for 
slippage (if applicable), and other pertinent information as required. 
A final report must be submitted within 90 days of expiration of the 
budget/project period.
    B. Financial Status Report. Semi-annual financial status reports 
must be submitted within 30 days of the end of the half year. Final 
financial status reports are due within 90 days of expiration of the 
budget project period. Standard Form 269 (long form) will be used for 
financial reporting.
    Grantees are responsible and accountable for accurate reporting of 
the Progress Reports and Financial Status Reports which are generally 
due annually. Financial Status Reports (SF-269) are due 90 days after 
each budget period and the final SF-269 must be verified from the 
grantee records on how the value was derived. Grantees are allowed a 
reasonable period of time in which to submit financial and performance 
reports.
    Failure to submit required reports within the time allowed may 
result in suspension or termination of an active grant, withholding of 
additional awards for the project, or other enforcement actions such as 
withholding of payments or converting to the reimbursement method of 
payment. Continued failure to submit required reports may result in one 
or both of the following: (1) The imposition of special award 
provisions; and (2) the non-funding or non-award of other eligible 
projects or activities. This applies whether the delinquency is 
attributable to the failure of the grantee organization or the 
individual responsible for preparation of the reports.''

VII. Agency Contact(s)

    1. Questions on the programmatic and technical issues may be 
directed to: Mary E. Trujillo, Program Specialist, Telephone No.: 301-
443-7821, Fax No.: 301:443-1050, E-mail: metrujil@hqe.ihs.gov.
    2. Questions on grants management and fiscal matters may be 
directed to: Patricia Spotted Horse, Grants Management Specialist, 
Telephone No.: 301-443-5204, Fax No.: 301-443-9602, E-mail: 
pspotted@hqe.ihs.gov.

VIII. Other Information

    The Public Health Service (PHS) strongly encourages all grant and 
contract recipients to provide a smoke-free workplace and promote the 
non-use of all tobacco products. In addition, Pub. L. 103-227, the Pro-
Children Act of 1994, prohibits smoking in certain facilities (or in 
some cases, any position of the facility) in which regular or routine 
education, library, day care, health care or early childhood 
development services are provided to children. This is consistent with 
the PHS mission to protect and advance the physical and mental health 
of the American people.

    Dated: May 25, 2005.
Charles W. Grim,
Assistant Surgeon General, Director, Indian Health Service.
[FR Doc. 05-10958 Filed 6-1-05; 8:45 am]
BILLING CODE 4165-16-M